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Thought Leader

WWL says

Market commentators would "highly recommend" Kiril Bougartchev due to his exceptional knowledge and experience of white-collar crime investigations.

Questions & Answers

With more than 30 years of experience, Kiril Bougartchev has a market-leading reputation in fraud/white-collar crime. He is also involved in civil, commercial and regulatory disputes. His areas of expertise include notably the energy, aerospace, defence, real estate, pharmaceutical, IT, retail and luxury sectors, as well as the insurance and banking industries. Kiril also advises clients in the implementation of efficient anti-corruption programmes and assists them in connection with the controls undertaken by the French Anti-Corruption Agency.

Describe your career to date.

I started my career in 1988 as an auditor at Arthur Andersen. A year later, after my final internship at Jean Veil et Associés, I joined Gide Loyrette Nouel, where I became partner in 1999 in the litigation and white-collar crime department. In 2007, I joined Linklaters LLP, where I was made co-head of the dispute resolution practice in Paris and facilitator of the Linklaters global white-collar crime group. In the French market, I was the first to create a white-collar crime department in an international law firm. In 2017, I felt I was ready to set up my own firm. With my colleague Emmanuel Moyne, we created a specialist firm dedicated to litigation: Bougartchev Moyne Associés AARPI.

What did you find most challenging about entering business crime defence practice?

From the very beginning of my career, I found business crime defence practice quite fascinating. Firstly, the cases that we have to deal with are very complex matters, often combining numbers and law; it is therefore essential to master these two aspects to define the most efficient strategy. Besides, the stakes of such cases have become colossal, in monetary terms but also for our clients’ image. Moreover, and contrary to what some people might think, defending companies, banks or financial institutions does not exclude the possibility of very high stakes on a human level. Finally, the cases that we work on systematically have an international dimension, which is particularly enriching and challenging.

To what extent is the increasingly virtual nature of investigations in a covid-19 landscape making for a more efficient process? In what aspects is it falling short? 

Companies’ ability to conduct investigations is currently being undermined by the covid-19 context. Physical distancing measures as well as remote working obviously make things more difficult, notably when investigators need to interview witnesses. A video interview is not comparable to a face-to-face interview. Without going into details, I would say that it is crucial for companies not to stop investigations, and that we already work alongside our clients to implement new policies that will allow them to conduct efficient investigations in this unprecedented environment.      

What new types of fraud are you seeing emerge and develop during the covid-19 pandemic? 

At this stage, we do not have to deal with new types of fraud, but rather classic fraud schemes for which the covid-19 context is a fertile ground. I could mention phishing (false emails from national or global health authorities aiming to obtain victims’ personal data or payment details), telephone frauds (fraudsters pretending to be employees of an hospital and asking the victim to pay the medical treatment of a relative allegedly infected by the virus) or fake shops and websites (people ordering surgical masks or other medical supplies but never receiving it). With respect to companies more specifically, the risk of fraud will necessarily increase if internal controls are decreasing. They will notably face asset misappropriation (invoices paid without usual checking and approvals, misuse/theft of data etc.) or the use of third parties which are not fully checked (collusion between malicious third parties and employees, employees paying bribes on behalf of the company, etc.). That is why we tell our clients that it is essential to maintain the highest degree of controls and compliance and, if need be, to be able to conduct efficient investigations.

How can clients ensure they are prepared to meet high expectations from regulators concerning operational resilience and robust compliance programmes in firms where remote working is prevalent? 

It is true that remote working could facilitate frauds and generate in parallel a lack of internal control. However, we, as lawyers, are here to help our clients to adapt to these new ways of working and to strengthen their compliance programmes accordingly. Our law firm has enhanced its crisis management infrastructure, particularly in the area of IT, and has been able to offer this service to several of its clients, especially to enable them to meet their regulatory obligations during this time of crisis (holding mandatory virtual high-level meetings).

Is an increasing criminalisation of corporate wrongdoing the  best way to prevent future white-collar crime?

In France, numerous commentators had been calling for a decriminalisation of some offences that they considered detrimental to the business. It is clearly the opposite stance that has prevailed, with a multiplication of the offences related to business practice, a strengthening of prosecution authorities and French courts becoming more and more severe in this field (increasing recourse to non-suspended prison sentences and huge financial penalties). It is true that this could have a deterrent effect on offenders, but I still consider that the emphasis should always be put on prevention and education. In this respect, the French Anti-Corruption Agency has set up a real support to companies when they deploy or strengthen their compliance programmes. In my view, this is highly appreciable. 

What skills and traits would you encourage the next generation of business crime defence lawyers to develop?

I would tell them that they should be dedicated and hard workers.

I would also tell them that they should not just be their clients’ lawyers: they should be their clients’ partners. In other words, it is essential for them to acquire a full understanding of their clients, their activities, their organisation and their teams, as well as to become familiar with the risks inherent in their businesses. This is how they would be able to build the adequate strategy.

Finally, I would encourage them to be innovative and creative. Some would say that laws and regulations are inflexible, but my view is that there is always a place for innovative solutions.

What would you like to achieve that you have not yet accomplished?

I have pleaded at least once before almost all French courts and I have also been an expert witness in arbitration cases, but have never pleaded before the European Court of Human Rights. I hope I will soon have the opportunity to do so.

Global Leader

WWL Ranking: Recommended

WWL says

Kiril Bougartchev is a "senior statesman" with three decades of experience in corporate criminal law.

Biography

Kiril Bougartchev studied at Panthéon Assas University Paris II. He holds postgraduate diplomas in business law and tax law.

He interned at renowned US law firms (including Coudert Brothers) and securities brokers (including Morgan Olmstead Kennedy & Gardner) before he started his career as an auditor at Arthur Andersen. In 1989 he joined Gide Loyrette Nouel, and in 1999 became partner of the litigation and white-collar crime department. Kiril joined Linklaters in June 2007; he was made co-head of the dispute resolution practice in Paris and facilitator of the global white-collar crime group.

Kiril co-founded, with Emmanuel Moyne, the law firm Bougartchev Moyne Associés AARPI in January 2017.

Kiril has been involved in many notorious white-collar crime cases, including sensitive political and financial matters. He is involved in regulatory disputes (including before the French Financial Markets Authority, the French Anticorruption Agency (AFA) and the French Prudential Supervisory Authority) and complex civil and commercial litigation.

Kiril advises clients in the conception, implementation and strengthening of their anticorruption and compliance programmes, and assists them in connection with controls undertaken by the AFA. He also assists clients in performing compliance and anticorruption M&A due diligence, and advises them in connection with their internal investigations and training programmes.

His areas of expertise cover a variety of industries including energy; chemicals; defence; aerospace; automotive; IT; telecoms; pharmaceuticals; real estate; construction; food; wine and spirits; hotels and restaurants; retail; luxury goods; art; insurance; and banking and finance.

In 2018, 2019 and 2020, Chambers Europe ranked him in band one for white-collar crime practice. The guide stated, “Interviewees highlight the ‘global reach’ that Kiril is able to provide. He has a great deal of experience in white-collar crime issues, particularly related to the financial sphere, and has advised on fraud, money laundering and criminal investigations.” The guide also placed him in band three for corporate compliance and investigations, and stated: “Kiril Bougartchev is well known for his criminal law acumen. He acts before the French authorities on behalf of a diverse roster of clients from industries such as energy, banking and aerospace, handling matters ranging from fraud to regulatory compliance.”

Since its founding, Bougartchev Moyne Associés AARPI has consistently been honoured by The Legal 500: EMEA, which ranks the firm in band two for white-collar crime and compliance and identifies Kiril as a “leading individual”. The guide named the creation of Bougartchev Moyne Associés AARPI as one of the most significant events of 2017, and called the firm a “very professional and highly knowledgeable litigation boutique” with an “excellent level of partner involvement in cases”. Kiril was also praised for his “strategic vision in complex cases”.

Décideurs magazine has ranked Kiril among the most prominent lawyers in white-collar crime, and named him “excellent” for commercial litigation; international and internal investigations; and compliance programmes (2018, 2019 and 2020). The magazine also placed him on its list of “highly recommended” lawyers in financial and post-acquisition litigation (2019 and 2020).

Décideurs also named Kiril’s team white-collar crime team of the year at the Trophées du Droit awards (2009, 2016 and 2019); the firm also won an award for the best entrepreneurial firm (under five years established) (2018), and the Compliance Silver Award (2019 and 2020).

In 2020, Bougartchev Moyne Associés AARPI was distinguished by Best Lawyers as the “law firm of the year” in criminal defence, with Kiril recognised for his expertise in criminal defence, litigation and regulatory practice. Bougartchev Moyne Associés AARPI is also listed among the law firms identified by GIR as forming “France’s investigation bar” (GIR, “France’s investigation bar”, 3 December 2018).

Kiril was formerly a secrétaire de la conférence des avocats of the Paris Bar. Since 2011 he has been an external contributor and examiner on the legal and tax management MSc degree at EDHEC Business School. As of 2020, he is also an external contributor on the magistère diploma at Panthéon Assas University Paris II.

He is member of the International Bar Association, the American Bar Association and the Institut Montaigne.

He published many articles about misuse of corporate assets, corruption, criminal liability of auditors, business secrecy, the Sapin II Law, the French blocking statute, cryptocurrencies and ICOs. He authored the French chapters of The Anti-Bribery and Anti-Corruption Review (Law Business Research, 2012–2015); The Anti-Corruption Practice Guide (Chambers and Partners, 2018–2020); The Securities & Related Investigations Guide (GIR, 2019); and the first edition of The White-Collar Practice Guide (Chambers and Partners, 2020). He also authored a comparative law book about corruption, From Baksheesh to Bribery (Oxford University Press, 2019).

WWL Ranking: Recommended

WWL says

Kiril Bougartchev is distinguished by his encyclopaedic knowledge of crisis management and corporate criminal defence proceedings.

Biography

Kiril Bougartchev studied at Panthéon Assas University Paris II. He holds postgraduate diplomas in business law and tax law.

He interned at renowned US law firms (including Coudert Brothers) and securities brokers (including Morgan Olmstead Kennedy & Gardner) before he started his career as an auditor at Arthur Andersen. In 1989 he joined Gide Loyrette Nouel, and in 1999 became partner of the litigation and white-collar crime department. Kiril joined Linklaters in June 2007; he was made co-head of the dispute resolution practice in Paris and facilitator of the global white-collar crime group.

Kiril co-founded, with Emmanuel Moyne, the law firm Bougartchev Moyne Associés AARPI in January 2017.

Kiril has been involved in many notorious white-collar crime cases, including sensitive political and financial matters. He is involved in regulatory disputes (including before the French Financial Markets Authority, the French Anticorruption Agency (AFA) and the French Prudential Supervisory Authority) and complex civil and commercial litigation.

Kiril advises clients in the conception, implementation and strengthening of their anticorruption and compliance programmes, and assists them in connection with controls undertaken by the AFA. He also assists clients in performing compliance and anticorruption M&A due diligence, and advises them in connection with their internal investigations and training programmes.

His areas of expertise cover a variety of industries including energy; chemicals; defence; aerospace; automotive; IT; telecoms; pharmaceuticals; real estate; construction; food; wine and spirits; hotels and restaurants; retail; luxury goods; art; insurance; and banking and finance.

In 2018 and 2019, Chambers Europe ranked him in band one for white-collar crime practice. The guide stated, “Interviewees highlight the ‘global reach’ that Kiril is able to provide. He has a great deal of experience in white-collar crime issues, particularly related to the financial sphere, and has advised on fraud, money laundering and criminal investigations.” The guide also placed him in band two for corporate compliance and investigations, and stated: “Kiril Bougartchev is well known for his criminal law acumen. He acts before the French authorities on behalf of a diverse roster of clients from industries such as energy, banking and aerospace, handling matters ranging from fraud to regulatory compliance.”

Since its founding, Bougartchev Moyne Associés AARPI has consistently been honoured by The Legal 500: EMEA, which ranks the firm in band two for white-collar crime identifies Kiril as a “leading individual”. The guide named the creation of Bougartchev Moyne Associés AARPI as one of the most significant events of 2017, and called the firm a “very professional and highly knowledgeable litigation boutique” with an “excellent level of partner involvement in cases”. Kiril was also praised for his “strategic vision in complex cases”.

Décideurs magazine has ranked Kiril among the most prominent lawyers in white-collar crime, and named him “excellent” for commercial litigation; international and internal investigations; and compliance programmes (2018 and 2019). The magazine also placed him on its list of “highly recommended” lawyers in financial and post-acquisition litigation (2019).

Décideurs also named Kiril’s team white-collar crime team of the year at the Trophées du Droit awards (2009, 2016 and 2019); the firm also won an award for the best entrepreneurial firm (under five years established) (2018), and the Compliance Silver Award (2019 and 2020).


In 2019, Bougartchev Moyne Associés AARPI was distinguished by Best Lawyers as the “law firm of the year” in criminal defence, with Kiril recognised for his expertise in criminal defence, litigation and regulatory practice. Bougartchev Moyne Associés AARPI is also listed among the law firms identified by GIR as forming “France’s investigation bar” (GIR, “France’s investigation bar”, 3 December 2018).

Kiril was formerly a secrétaire de la conférence des avocats of the Paris Bar. Since 2011 he has been an external contributor and examiner on the legal and tax management MSc degree at EDHEC Business School. As of 2020, he is also an external contributor on the magistère diploma at Panthéon Assas University Paris II.

He is member of the International Bar Association, the American Bar Association and the Institut Montaigne.

He published many articles about misuse of corporate assets, corruption, criminal liability of auditors, business secrecy, the Sapin II Law, the French blocking statute, cryptocurrencies and ICOs. He authored the French chapters of The Anti-Bribery and Anti-Corruption Review (Law Business Research, 2012–2015); The Anti-Corruption Practice Guide (Chambers and Partners, 2018–2020); The Securities & Related Investigations Guide (GIR, 2019); and the first edition of The White-Collar Practice Guide (Chambers and Partners, 2020). He also authored a comparative law book about corruption, From Baksheesh to Bribery (Oxford University Press, 2019).

Investigations 2020

Professional Biography

WWL Ranking: Recommended

WWL says

Kiril Bougartchev is perceived as one of the top names in the French white-collar crime market due to his judicious approach to criminal investigations.

Biography

Kiril Bougartchev studied at Panthéon Assas University Paris II. He holds postgraduate diplomas in business law and tax law.

He interned at renowned US law firms (including Coudert Brothers) and securities brokers (including Morgan, Olmstead, and Kennedy & Gardner) before he started his career as an auditor at Arthur Andersen. In 1989 he joined Gide Loyrette Nouel, and in 1999 became partner of the litigation and white-collar crime department. Kiril joined Linklaters LLP in June 2007; he was made co-head of the dispute resolution practice in Paris and facilitator of the global white-collar crime group.

Kiril co-founded, with Emmanuel Moyne, the law firm Bougartchev Moyne Associés AARPI in January 2017.

Kiril is involved in many notorious white-collar crime cases, including sensitive political and financial matters. He is also involved in regulatory disputes (including before the French Financial Markets Authority, the French Anticorruption Agency (AFA) and the French Prudential Supervisory Authority) and complex civil and commercial litigation.

Kiril advises clients in the conception, implementation and strengthening of their anticorruption and compliance programmes, and assists them in connection with controls undertaken by the AFA. He also assists clients in performing compliance and anticorruption M&A due diligence, and advises them in connection with their internal investigations and training programmes.

His areas of expertise cover a variety of industries including energy; chemicals; defence; aerospace; automotive; IT; telecoms; pharmaceuticals; real estate; construction; food; wine and spirits; hotels and restaurants; retail; luxury goods; art; insurance; and banking and finance.

In 2018 and 2019, Chambers Europe ranked him in band one for white-collar crime practice. The guide stated, “Interviewees highlight the ‘global reach’ that Kiril is able to provide. He has a great deal of experience in white-collar crime issues, particularly related to the financial sphere, and has advised on fraud, money laundering and criminal investigations.” The guide also placed him in band two for corporate compliance and investigations, and stated: “Kiril Bougartchev is well known for his criminal law acumen. He acts before the French authorities on behalf of a diverse roster of clients from industries such as energy, banking and aerospace, handling matters ranging from fraud to regulatory compliance.”

Since its founding, Bougartchev Moyne Associés AARPI has consistently been honoured by The Legal 500: EMEA, which ranks the firm in band two for white-collar crime and identifies Kiril as a “leading individual”. The guide named the creation of Bougartchev Moyne Associés AARPI as one of the most significant events of 2017, and called the firm a “very professional and highly knowledgeable litigation boutique” with an “excellent level of partner involvement in cases”. Kiril was also praised for his “strategic vision in complex cases”.

Décideurs magazine has ranked Kiril among the most prominent lawyers in white-collar crime, and named him “excellent” for commercial litigation; international and internal investigations; and compliance programmes (2018 and 2019). The magazine also placed him on its list of “highly recommended” lawyers in financial and post-acquisition litigation (2019).

Décideurs also named Kiril’s team white-collar crime team of the year at the Trophées du Droit awards (2009, 2016 and 2019); the firm also won an award for the best entrepreneurial firm (under five years established) (2018), and the Compliance Silver Award (2019 and 2020).

In 2019, Bougartchev Moyne Associés AARPI was distinguished by Best Lawyers as the “law firm of the year” in criminal defence, with Kiril recognised for his expertise in criminal defence, litigation and regulatory practice. Bougartchev Moyne Associés AARPI is also listed among the law firms identified by GIR as forming “France’s investigation bar” (GIR, “France’s investigation bar”, 3 December 2018).

Kiril was formerly a secrétaire de la conférence des avocats of the Paris Bar. Since 2011 he has been an external contributor and examiner on the legal and tax management MSc degree at EDHEC Business School. As of 2020, he is also an external contributor on the magistère diploma at Panthéon Assas University Paris II.

He is member of the International Bar Association, the American Bar Association and the Institut Montaigne.

He published many articles about misuse of corporate assets, corruption, criminal liability of auditors, business secrecy, the Sapin II Law, the French blocking statute, cryptocurrencies and ICOs. He authored the French chapters of The Anti-Bribery and Anti-Corruption Review (Law Business Research, 2012–2015); The Anti-Corruption Practice Guide (Chambers and Partners, 2018–2020); The Securities & Related Investigations Guide (GIR, 2019); and the first edition of The White-Collar Practice Guide (Chambers and Partners, 2020). He also authored a comparative law book about corruption, From Baksheesh to Bribery (Oxford University Press, 2019).

National Leader

WWL Ranking: Recommended

WWL says

Market commentators would "highly recommend" Kiril Bougartchev due to his exceptional knowledge and experience of white-collar crime investigations.

Biography

Kiril Bougartchev studied at Panthéon Assas University Paris II. He holds postgraduate diplomas in business law and tax law.

He interned at renowned US law firms (including Coudert Brothers) and securities brokers (including Morgan, Olmstead, and Kennedy & Gardner) before he started his career as an auditor at Arthur Andersen. In 1989 he joined Gide Loyrette Nouel, and in 1999 became partner of the litigation and white-collar crime department. Kiril joined Linklaters LLP in June 2007; he was made co-head of the dispute resolution practice in Paris and facilitator of the global white-collar crime group.

Kiril co-founded, with Emmanuel Moyne, the law firm Bougartchev Moyne Associés AARPI in January 2017.

Kiril is involved in many notorious white-collar crime cases, including sensitive political and financial matters. He is also involved in regulatory disputes (including before the French Financial Markets Authority, the French Anticorruption Agency (AFA) and the French Prudential Supervisory Authority) and complex civil and commercial litigation.

Kiril advises clients in the conception, implementation and strengthening of their anticorruption and compliance programmes, and assists them in connection with controls undertaken by the AFA. He also assists clients in performing compliance and anticorruption M&A due diligence, and advises them in connection with their internal investigations and training programmes.

His areas of expertise cover a variety of industries including energy; chemicals; defence; aerospace; automotive; IT; telecoms; pharmaceuticals; real estate; construction; food; wine and spirits; hotels and restaurants; retail; luxury goods; art; insurance; and banking and finance.

In 2018 and 2019, Chambers Europe ranked him in band one for white-collar crime practice. The guide stated, “Interviewees highlight the ‘global reach’ that Kiril is able to provide. He has a great deal of experience in white-collar crime issues, particularly related to the financial sphere, and has advised on fraud, money laundering and criminal investigations.” The guide also placed him in band two for corporate compliance and investigations, and stated: “Kiril Bougartchev is well known for his criminal law acumen. He acts before the French authorities on behalf of a diverse roster of clients from industries such as energy, banking and aerospace, handling matters ranging from fraud to regulatory compliance.”

Since its founding, Bougartchev Moyne Associés AARPI has consistently been honoured by The Legal 500: EMEA, which ranks the firm in band two for white-collar crime and identifies Kiril as a “leading individual”. The guide named the creation of Bougartchev Moyne Associés AARPI as one of the most significant events of 2017, and called the firm a “very professional and highly knowledgeable litigation boutique” with an “excellent level of partner involvement in cases”. Kiril was also praised for his “strategic vision in complex cases”.

Décideurs magazine has ranked Kiril among the most prominent lawyers in white-collar crime, and named him “excellent” for commercial litigation; international and internal investigations; and compliance programmes (2018 and 2019). The magazine also placed him on its list of “highly recommended” lawyers in financial and post-acquisition litigation (2019).

Décideurs also named Kiril’s team white-collar crime team of the year at the Trophées du Droit awards (2009, 2016 and 2019); the firm also won an award for the best entrepreneurial firm (under five years established) (2018), and the Compliance Silver Award (2019 and 2020).

In 2019, Bougartchev Moyne Associés AARPI was distinguished by Best Lawyers as the “law firm of the year” in criminal defence, with Kiril recognised for his expertise in criminal defence, litigation and regulatory practice. Bougartchev Moyne Associés AARPI is also listed among the law firms identified by GIR as forming “France’s investigation bar” (GIR, “France’s investigation bar”, 3 December 2018).

Kiril was formerly a secrétaire de la conférence des avocats of the Paris Bar. Since 2011 he has been an external contributor and examiner on the legal and tax management MSc degree at EDHEC Business School. As of 2020, he is also an external contributor on the magistère diploma at Panthéon Assas University Paris II.

He is member of the International Bar Association, the American Bar Association and the Institut Montaigne.

He published many articles about misuse of corporate assets, corruption, criminal liability of auditors, business secrecy, the Sapin II Law, the French blocking statute, cryptocurrencies and ICOs. He authored the French chapters of The Anti-Bribery and Anti-Corruption Review (Law Business Research, 2012–2015); The Anti-Corruption Practice Guide (Chambers and Partners, 2018–2020); The Securities & Related Investigations Guide (GIR, 2019); and the first edition of The White-Collar Practice Guide (Chambers and Partners, 2020). He also authored a comparative law book about corruption, From Baksheesh to Bribery (Oxford University Press, 2019).

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