Dr. Constantin Lauterwein | White & Case LLP International Law Firm, Global Law Practice
Constantin Lauterwein
Constantin Lauterwein

Dr. Constantin Lauterwein

Local Partner, Berlin, Frankfurt

T +49 30 880911 0

T +49 69 29994 0

E clauterwein@whitecase.com

Overview

Constantin Lauterwein advises and represents companies, directors and officers in all areas of white-collar criminal law and corporate compliance.

His clients include companies and managers faced with government investigations or enforcement actions as well as businesses that have suffered damage caused by criminal conduct. He conducts internal investigations and advises on the implementation and improvement of compliance programs.

The prevention of liability risks connected with business decisions is a key aspect of his practice. Besides criminal law he also handles regulatory issues and matters arising under corporate and insolvency law, including related litigation.

Constantin Lauterwein has substantial experience advising clients in connection with economic and financial sanctions. During his time at the firm's New York office he focused on compliance with the US sanctions programs administered by the Office of Foreign Assets Control (OFAC).

Bars and Courts

  • Rechtsanwalt

Education

  • Second State Exam, Higher Regional Court of Berlin
  • Dr iur, Ludwig-Maximilians-University Munich
  • LLM, University of Sydney
  • First State Exam, Ludwig-Maximilians-University Munich
  • Diploma in Political Science, Ludwig-Maximilians-University Munich

Languages

  • English
  • German

Experience

German financial services institution

Advice and representation with regard to large-scale fraud by a customer; internal investigation and representation in criminal proceedings, several civil law suits and insolvency proceedings.

Car manufacturer

Advice on numerous issues in connection with internal investigations and investigations by various national authorities.

Several German companies and their foreign subsidiaries and branches (from the financial, investment services, real estate, media, automotive, and other sectors)

Advice on compliance with the Money Laundering Act.

Social media provider

Ongoing compliance advice regarding content in Germany and representation in a criminal investigation.

German bank

Advice concerning compliance with German, European and US sanctions laws; internal investigation and development and implementation of a group-wide policy and additional codes of conduct for doing business in 25 different countries.

Global industrial company

Advice with respect to all relevant compliance aspects during a massive cyber-attack against the global IT systems.

Global financial institution

Advice regarding investigations by multiple regulators into potential money laundering and related systems and controls.

Several major companies and financial institutions

Ongoing advice with respect to international sanctions, embargos and anti-boycott laws.

Numerous national and international enterprises and banks

Compliance due diligence and related advice in the context of M&A transactions, IPOs and corporate finance transactions.

CFO of a large utility company

Defense in a criminal investigation into alleged large scale fraud.

Speaking Engagements

"Requests from Banks regarding Compliance with Sanctions", June 22, 2017, Deutsches Aktieninstitut e.V., Frankfurt am Main

"International Economic and Financial Sanctions - Risks and Precautions (Internationale Wirtschafts- und Finanzsanktionen - Risiken und Vorsorge)", November 19, 2014: Webcast, Thomson Reuters, (with Karl-Jörg Xylander)

"US Economic and Trade Sanctions, German Anti-Boycott Laws and the Implications for International Business", November 12, 2014: Eighth Annual Transatlantic Business Conference of the American Chamber of Commerce Germany e.V., Frankfurt am Main, (with Kenneth A. Caruso and Robert Weber)

"Ukraine related Sanctions by the European Union", June 20, 2014: Korea-EU Business Forum, Korea Business Association Europe, Frankfurt am Main

"Revised provisions of the law governing voluntary disclosures of tax evasion (Die Neuregelung der Selbtsanzeige im Steuerstrafrecht)", June 15, 2011: Berlin Public Prosecutor's Office (Staatsanwaltschaft Berlin), Berlin

Publications

  • Financial statement fraud and related offences (sections 399 – 401, 403 Stock Corporations Act; 147 (2), 150 Cooperatives Act; 82 (2) No 2 Limited Liability Companies Act; 331, 332, 334 – 335b, 340m – 340o, 341m, 341n, 341p Commercial Code; 17, 18 Disclosure Act, 313, 314 Transformation Act); White Collar Criminal Law including Tax Offences and Procedural Law. A Commentary. Ed. Esser/Rübenstahl/Saliger/Tsambikakis. Cologne, 2017 (co-author with Karl-Jörg Xylander)
  • Inadmissibility of an appeal against the adjudicating court's order regarding private persons' access to the files (Anmerkung zu Kammergericht, Beschluss vom 28. Juni 2012 – 4 Ws 61/12, StV, Issue 5, p. 280, 2014
  • The rights of aggrieved persons, private persons and other bodies to access or obtain information from the records: sections 406e and 475 of the Code of Criminal Procedure, Munich, 2011
  • The Limits of Criminal Law: A Comparative Analysis of Approaches to Legal Theorizing, Farnham/Burlington, 2010
  • Symbolic Legislation. An Investigation taking Criminal Law as an Example (Symbolische Gesetzgebung, Eine Untersuchung am Beispiel Strafrecht), Munich, 2006