Criminal investigation due to alleged noncompliance with court order. Olaechea is representing SGS del Perú in a criminal investigation proceeding resulting from an alleged failure to comply with a court order. We are demonstrating that the alleged failure to comply resulted from a mere clerical error and the court order was fully complied with by the client.
Exclusion of client’s representatives from investigation: The investigation was initially directed against two of SGS del Perú’s legal representatives. However, we managed to exclude one of the legal representatives from the investigation and avoided the service of summons to the other. We demonstrated conclusively that the criminal jurisdiction was not adequate, since there was no criminal conduct on the part of SGS del Perú or its legal representatives.
Successful argument for dismissal of case: In addition, we filed a motion challenging the validity of the criminal charge based on the lack of typicity of the reported conduct. This strengthened our defence and led the prosecution to accept our arguments, requesting the dismissal of the case. We are currently awaiting the hearing for the final ruling.
Leading certification company in Peru: SGS del Perú is a subsidiary of SGS—the world’s leading testing, inspection, and certification company. Established in 1986 in Lima, Peru, it has grown significantly from a small team of 40 employees to nearly 2,000 across 28 cities in the country.
Latest development: We continue representing the client in this matter as the hearing for the final ruling on the case dismissal request is pending.
