Dusseldorf Simone Kampfer works discreetly. When companies involve the criminal lawyer and former public prosecutor, it is usually about sensitive issues. Mostly it is about the processing of classic white-collar crimes from fraud to breach of trust. Recently, fighters are increasingly being asked to investigate possible sexual assaults in companies, known under the keyword #MeToo.
For example, Kampfer’s work for the Axel Springer media group is known, which involved investigating potential misconduct by the former “Bild” editor-in-chief Julian Reichelt. After a short sabbatical, Reichelt initially returned to his job, but eventually had to give up the job.
Springer is just one of many companies that advises fighters on #MeToo issues. There are currently days when several orders come in at the same time. Kampfer explains this with increasing sensitivity in business – and with stricter laws.
Ms. Kampfer, you are a criminal attorney at Freshfields. How concerned are you with #MeToo?
Very, it is important to our clients. There are days when multiple requests related to #MeToo come in. In the last few months we have certainly had a double-digit number of mandates.
Top jobs of the day
Find the best jobs now and
be notified by email.
Why is that?
On the one hand, I’m observing a very clear cultural change in business. Employee, customer, public and shareholder expectations of ethical business practices have risen sharply. #MeToo is a topic that is taken more seriously today than it used to be. This culture change comes from the USA. In Germany, too, not only international companies have long been guided by what is customary there.
What is the German legislator doing?
He has significantly tightened criminal law for sex offenses in recent years. Behavior that used to be tolerated in some places can now be punishable. But it is also important that not everything that happens in the #MeToo context is punishable – and a company does not have to accept everything that is not punishable.
How do you experience this in practice?
The topic moves many people in a wide variety of ways – and sometimes it also unsettles them. In an investigation I recently sat across from a chief physician who was accused of using the wrong tone towards women. The man complained: Five years ago, he said, everyone on the ward would have laughed at his joke. Today he would be with me.
Kampfer is not only in demand as a criminal lawyer
The case shows how wide the range of possible misconduct is. When do you come into play?
That depends on when the company hires me. In many cases I am not only in demand as a criminal lawyer. At the beginning of an investigation, it is often completely unclear what actually happened – or what didn’t happen. Then, above all, my expertise as investigator will be required. I worked for nine years as a public prosecutor in areas including sexual criminal law. In this role, too, I have seen all constellations, from false accusations and lewd remarks to serious sexual offences. If, as a prosecutor, I came to the conclusion that the behavior was not punishable, I closed the file.
And today?
It’s gotten more complicated. Below the level of criminal law, there are violations of the rules of our cooperation, such as internal company rules, which companies want to react to if they are violated. It is then often part of my advice – often hand in hand with employment law – to work out with the company how it should deal with the case.
What are the biggest challenges in your work?
Often in the question of who to believe. In contrast to our commercial criminal law investigations, there is often little objective evidence in #MeToo cases. Instead, it’s mostly about encounters between two people where nobody was there; i.e. classic statement-against-statement constellations. The search for the truth is often particularly difficult here. In criminal law, helpful criteria that can be applied to all situations have been developed for dealing with such cases. In short: it takes experience.
How do you proceed?
In the first step, I look for evidence outside of the statements that speak for one version or the other. If I don’t get any further here, I have to subject the statements to a special credibility test. We therefore also work together with forensically trained psychologists or base our work on expert opinions.
Your work can have far-reaching consequences.
Yes. In my work, I am aware of the responsibility I have towards potential victims and potential perpetrators, especially because of the possible far-reaching personal and professional consequences for those affected. This is a special challenge.
Victims need security and structures
How does your work as a lawyer differ from that as a prosecutor?
Equal in both jobs is the search for the truth. The investigation methods are also similar; but of course, as a lawyer, I can’t search or arrest anyone. Another clear difference: as a lawyer, I also provide preventive advice, for example when drafting company guidelines on relationships between employees.
And if attacks occur despite preventive advice?
No directive in the world can prevent the bad individual case. In this case, there must be structures that give the victims support. Many companies have set up whistleblower hotlines or there are contact persons for such cases; For example, I work as a legal counsel for various companies. Affected persons must have the certainty that they will be taken seriously and that their information will be followed up.
Do you involve the public prosecutor’s office in the event of potentially criminal behavior?
First of all, companies are not obliged to do this. But if there are criminal offenses in #MeToo cases, companies often still want to involve the public prosecutor – which I usually recommend. No company wants to be suspected of accepting such crimes. Filing a criminal complaint can also facilitate the labor law process.
Who gets to see the results of your investigations at the end?
At least not the Handelsblatt. But seriously: Of course we transmit the result to the client himself, but it also depends on what was agreed with the client at the beginning. Confidentiality agreements can also be concluded.
Critics complain that private investigations are carried out by law firms on behalf of the company and are also paid for by the company. Are you neutral and independent?
Yes. The criticism is unfounded. As a lawyer, I am committed to independence and that is also my professional ethos. I would never act outside of these limits in a mandate. In addition, we live from the reputation of being able to clarify matters independently. We would not jeopardize these for the goodwill of a client. That would not help any company either. Finally, who besides the company should pay for an investigation?
Ms. Kampfer, thank you very much for the interview.
More: Compliance trap – How companies fail to deal with sexual harassment