Alicia Franch

Alicia Franch

Associate
Baker McKenzie Madrid S.L.P.

Biography

Alicia Franch is Team Leader in both the Dispute Resolution, Corporate Crime area and Compliance area at Baker McKenzie since September 2015. 

Previously, Alicia also worked in her same areas of expertise in other law firms. She has also worked as a professor in different law firms and colleges as well.

Working as a lawyer on many types of proceedings (extraditions, European Arrest Warrants, proceedings before the European Public Prosecutor's Office and Spanish criminal proceedings) and undertaking work regarding corporate compliance.

Experience in drafting and filing all sorts of criminal complaints and appeals, cross-examination of witnesses and defendants and attendance to oral trials and expert ratifications.

Specialized in White Collar Crimes, such as crimes against the Public Treasury and Social Security, European Union subsidies fraud, crimes against the property, misappropriation, fraud, unlawful administration, bribery, fraudulent insolvencies, crimes against the environment, crimes against historical heritage, labor accidents, and felonies against the Public Administration, among others.

Practice Focus

Within Baker McKenzie's Criminal Law department, Alicia Franch plays a key role in handling complex and high-profile cases, particularly in the area of economic and corporate crime. Her practice encompasses a wide range of criminal proceedings, including extraditions, European Arrest Warrants, and domestic litigation, where she is known for her strategic litigation skills and procedural precision. Alicia frequently advises on corporate compliance frameworks, helping clients mitigate legal risks and align with regulatory standards. Her work is especially focused on offenses such as tax evasion, subsidy fraud, and crimes involving public administration and corporate governance. She is also deeply involved in trial advocacy, from drafting and filing criminal complaints to conducting cross-examinations and managing expert witness testimony. Her practice reflects a strong integration of legal rigor and practical insight, particularly in cases involving environmental liability, labor-related offenses, and protection of cultural heritage.

Representative Legal Matters

Compliance

  • We have advised the client, a Spanish multinational in the energy sector and one of the largest energy companies in the world, in the review of the compliance program at the parent company level and its relationship with the rest of the group's companies in order to: 1) devise a risk mitigation strategy both at group level, and 2) how to operate an effective global compliance program at the highest international standards, subject to scrutiny of operators in varying jurisdictions.
  • We have completed an investigation into an allegation of a scheme for kickbacks and paybacks (including third parties) set up by the management of a division. The investigation covered a multitude of areas (criminal law, privacy, employment, regulatory, tax, accounting).

Dispute Resolution : Corporate Crime

  • We represent a former executive of a major energy company in a high-profile criminal case involving alleged bribery and misuse of confidential information, related to payments made to a private intelligence firm. Although the company is not formally charged, we provide legal advice on related risks. The judge dismissed the case against our client, pending appeal. The investigation remains active, with ongoing testimonies from company executives and compliance officers.
  • We represented two high-profile individuals in a major criminal case involving alleged payments to a private intelligence firm to obtain confidential information, potentially violating the rights of third parties. The case is part of a broader, widely publicized investigation into political corruption. Following their depositions and our legal submissions, the court dismissed the case against our clients. This decision was later confirmed by a higher court and is now final.
  • We represent a former executive of a major financial institution in a high-profile criminal case involving alleged bribery, criminal organization, and misuse of confidential information. The investigation centers on substantial payments made to a private intelligence firm to gather sensitive data on competitors. The case is part of a broader, widely publicized corruption investigation. Recent developments include numerous depositions, new lines of inquiry, and judicial measures. Following our appeal, the court has definitively ruled out one of the charges initially brought against our client.
  • We represent several individuals in a criminal case pending trial in Barcelona, involving alleged fraud and corruption related to a high-profile sports transfer. The prosecution and a third-party stakeholder claim that part of the transfer fee was concealed through false contracts to reduce the amount owed. The case has drawn significant media attention due to the prominence of those involved and the potential legal consequences. A major development this year is the scheduling of the trial hearing, expected to last two weeks.

Professional Associations and Memberships

  • Asociación de Profesionales de Cumplimiento Normativo (CUMPLEN).
  • Women’s White Collar Defense Association.
  • Club Español de la Litigación de los Negocios.

Admissions

  • Madrid~Spain (2012)

Education

  • (Post Graduate Course Seminario José Manuel Maza) (2021)
  • (Post Graduate Course 'Specialisation Programme on White-collar Crime' Instituto de Postgrado e Investigación) (2020)
  • Universidad Autónoma de Madrid (Law Business Administration) (2011)

Languages

  • Spanish
  • English

Publications

  • Author, The International Investigations Review. The "Spanish Jurisdiction" chapter. Third Edition (2013).
  • Author, "Municipal Groups and Political Parties". Persuadir y Razonar: Legal Studies in Hommage to José Manuel Maza Marín, Thomson Reuters, 2018.
  • Author, "The problem with criminalising law", Revista del Círculo de Empresarios (entrepreneurial magazine), April 2016.
  • Author, "El impacto de la reforma del Código Penal introducida por la L.O. 10/2022, de 6 de septiembre, de garantía integral de la libertad sexual, en materia de responsabilidad penal de la persona jurídica", Tirant Lo Blanch, Anuario Penal 2023.

Presentations

  • Speaker, "Aristas Penales del Derecho de Insolvencia," Club Español de Derecho de la Insolvencia, 2023.