The Siemens Compliance System "Prevent - Detect - Respond and Continuous Improvement"

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The Siemens Compliance System "Prevent - Detect - Respond and Continuous Improvement"

Jens Burgard Rechtsanwalt, Senior Legal Counsel, Siemens, Germany

The current Siemens Compliance System was developed in 2007 and 2008, initially in response to criminal investigations undertaken by the Office of the Public Prosecutor in Munich, the US Securities and Exchange Commission, the US Department of Justice and numerous other investigating authorities worldwide. These inquiries, as well as the independent internal investigation undertaken by US law firm Debevoise & Plimpton between January 2007 and January 2009, exposed systematic violations of anti-corruption laws and accounting regulations in many Siemens business units and Regional Companies which had been taking place over many years, as vividly described in the documents produced by the US authorities for the final judgment in the USA on December 15, 2008. It was only possible to conclude the proceedings against the company in Germany and the USA because – as explicitly stated by the US authorities – Siemens not only launched its own investigations into past malpractices and fully cooperated with public authorities, but also developed a comprehensive new Compliance System in under two years which it has implemented worldwide. The new Compliance System is based on a clearly defined system into which Siemens’ Worldwide Compliance measures must fit.

Dr. Jens Burgard is a Senior Corporate Counsel at Siemens AG Compliance Legal in Erlangen, Germany, and is appointed as Head of the Regulatory and Finance Department. In this position, he is responsible for internal investigations into both public and commercial corruption cases, books & records violations as well as internal fraud cases, with and without the involvement of prosecutorial authorities, in Germany and worldwide. In addition, Dr. Burgard is safeguarding company interests worldwide in case of major investigations by public prosecutors and other authorities against Siemens AG, Siemens regional companies, affiliates, and employees. After graduating from Hamburg State University Law School in 1991, Dr. Burgard received a Dr. Juris graduation in 1992. Between 1992 and 1995, he worked as criminal defense lawyer at Krafft & Renz Law Firm, Ravensburg. From 1996 to 2000, Dr. Burgard acted as Judge at Freiberg Criminal Court, and as District Attorney within the White Collar Crime Department of Chemnitz Public Prosecution Authority. Between 2000 and 2007, Dr. Burgard was a member of the Siemens AG Compliance Office and the Siemens AG Legal Department. Since 2003, Dr. Burgard has been acting as examiner for state examination in criminal and criminal procedure law, appointed by the Bavarian Ministry of Justice. He is also a lecturer for criminal law at Heidelberg University.

Siemens is active in around 190 regions, occupying leading market and technology positions worldwide with its business activities in the Energy, Healthcare, Industry, and Infrastructure & Cities Sectors. In our ten largest country organizations alone, employees from around 140 nations are at work on innovative concepts and visionary ideas. Overall, with 370,000 employees (continuing operations) around the world, Siemens is well positioned to offer its customers local, targeted, and tailored solutions. In addition to the more than 290 major production and manufacturing plants worldwide, we also have office buildings, warehouses, research and development facilities, or sales offices in nearly every country around the globe.

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