Karl-Jörg Xylander

Partner, Berlin

Biography

Karl-Jörg Xylander is a leading individual for Compliance (Legal500, 2021) and named as a Highly Recommended Lawyer in the areas of White Collar Crime and Compliance Audits and Investigations, in JUVE 2020/2021.

Overview

Karl-Jörg Xylander is head of White & Case's White Collar & Investigations Practice in Germany.

He has extensive experience in advising companies and their decision-makers in all areas of white-collar crime law (in particular in connection with corruption, embezzlement, fraud, tax evasion, anti-money-laundering and trade law violations), at both the national and international level.

In addition, he advises on the related area of compliance risk management, as well as conducting corporate due diligence, managing large-scale internal investigations and representing multinationals in connection with criminal and regulatory investigations by external agencies.

Karl-Jörg's clients include financial institutions, multinational companies and their decision-makers, where his experience in criminal law and criminal proceedings is brought to bear in combination with his in-depth knowledge of banking, corporate and tax law.

He is regularly named as recommended lawyer and has frequently been commended as a Leading Individual in the field of White Collar, Compliance and Internal Investigations and appointed repeatedly as a leading Individual for Compliance in Legal500. Prior to joining White & Case, Karl-Jörg worked as a public prosecutor in the white collar crime department of the prosecutor's office in Munich.

Bars and Courts
Rechtsanwalt
Education
Second State Exam
Higher Regional Court of Munich
First State Exam
University of Passau
Languages
German
English

Experience

Advising a variety of banks, investors and financial service providers in relation to cum/ex and cum/cum trades including internal investigations and representation vis-à-vis the law enforcement authorities and the tax authorities.

Assisting a market-leading service provider with conducting a global business partner AFC compliance due diligence including AML, anti-bribery and international sanctions and embargoes and corresponding internal regulations and processes.

Representing an international industrial service provider and providing advice, including in internal investigations in response to preliminary criminal proceedings related to suspected bribery in international business transactions.

Advising and representation of an international media company and its group companies in criminal law and compliance matters including international sanctions and embargoes and AML.

Representation of the German subsidiary of a US car manufacturer in response to investigation proceedings conducted by German law enforcement authorities because of suspected corruptive practices in Eastern Europe.

Advising an industry leader on the organization and operation of its group-wide whistleblower system and in connection with a U.S. monitorship.

Advising a bank headquartered in Germany in connection with suspicions of breach of the identification obligations applying under German and UK AML laws in fiduciary constellations, including communication with the competent (UK and German) banking supervisory authorities and auditors; advising on the KYC process.

Advising and representation of a company in an administrative offense proceeding conducted by the Main Customs Office due to suspected violations of the German Foreign Trade Act in connection with sanctions against Russia.

Advising a globally active telemedia service provider and representing it in connection with enquiries from law enforcement agencies and criminal courts; providing advice and representation in administrative fine proceedings involving group companies.

Providing a Swiss bank with guidance on regulatory risks and reputational risks associated with the bank's cross-border service activities including their participation in the US DoJ Tax Program for Swiss banks.

Helping a commercial bank with implementing adequate procedures and processes to mitigate risks deriving from international sanctions and embargoes including its country-related policies and certain products like letters of credit and guarantees.

Advising and representation of a bank in connection with an administrative offence proceeding conducted by BaFin (the German banking regulator) due to the suspicion of having delayed filing suspicious activity reports.

Speaking Engagements

Lecture on "criminal and liability risks for compliance officers", May 16, 2013: Bundesverband deutscher Banken e.V. (Association of German Banks), Berlin

Bundesverband Deutscher Compliance Officer e.V. (Association of German Compliance Officers), Spring conference 2014

Lecture on the requirements applying to the establishment, design and structure of compliance management systems, April 1, 2014: Frankfurt am Main

Lecture on "EU and US economic and trade sanctions, German antiboycott laws and the implications for international business", November 19, 2014: Thomson Reuters and White & Case Webcast

Publications

Co-author: "Search and seizure in the sphere of the corporate counsel in the course of internal investigations – Current situation and need for action of the legislator (Durchsuchung und Beschlagnahme in der Sphäre des Unternehmensanwalts im Zuge von internen Ermittlungen – Bestandsaufnahme und Handlungsbedarf des Gesetzgebers)", Betriebs-Berater, Issue 50, 2018, p. 2953 ff. (with Simon Bahlinger and Alexander Kiefner)

International financial sanctions and anti-boycott regulations - A compliance dilemma for German companies in Corporate Compliance - Implementation in practice. Special edition of DER BETRIEB, p. 103-108 (co-author with Constantin Lauterwein)

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 (with Constantin Lauterwein)

Co-author, "Legal Challenges Pile Up on German Companies", Commerce Germany, Vol. 13, Page 7, 2015 (with Robert Weber)

Awards and Recognition

Best Lawyer Germany in Criminal Defense, Handelsblatt 2021

Highly Recommended Lawyer: White Collar Crime / Compliance, JUVE 2020/2021 

Leading Individual: Compliance, Legal500 2020/2021

"Top Lawyer 2020" for Compliance Law, WirtschaftsWoche 2020

Notable Practitioner: White-Collar Crime, Chambers 2020