Practice areas
White-Collar Crime
A search of business premises, allegations of breach of trust, or a delay in filing for insolvency: white-collar criminal proceedings hit entrepreneurs in the middle of their ongoing business operations. Clients searching for a white-collar criminal defense firm in Germany and those looking for a defence lawyer mean the same thing here, and early defence protects you and your company.
About White-Collar Crime
section 266 StGB
Scope of Practice
White-collar criminal law encompasses allegations directed at entrepreneurs, managing directors, and the self-employed: breach of trust (section 266 StGB), fraud (section 263 StGB), money laundering (section 261 StGB), corruption offences (sections 299, 331 et seq. StGB), and environmental criminal law (sections 324 et seq. StGB). This also includes insolvency criminal law covering the delay in filing for insolvency (section 15a InsO) and bankruptcy (sections 283 et seq. StGB).
These proceedings have their own dynamics: they often begin with a search of business premises, the investigation files are extensive, and parallel proceedings are frequently initiated by the tax office or in insolvency proceedings. Furthermore, an asset freeze (Vermögensarrest) or the confiscation of assets may block bank accounts and company assets.
Our Services
We defend you as an individual while keeping the impact on your company in mind. Statements made in criminal proceedings can affect tax and insolvency matters. Therefore, every statement must be scrutinized before it is submitted.
- Support during searches of business premises, if requested while the measure is still ongoing
- Access to and processing of even the most extensive investigation files
- Review of freeze and seizure orders and the filing of legal remedies
- Coordinating the defence with parallel proceedings at the tax office and insolvency court
- Collaboration with your tax advisors and consultation on compliance issues arising from the case
Parallel Proceedings
In white-collar criminal matters, it is rarely only the criminal court that decides. The public prosecution office can secure assets provisionally, the tax office assesses taxes, and the insolvency practitioner demands information. Responding in an uncoordinated manner creates contradictions that may later be used against you.
Our task is to hold these levels together: a line of defence that holds up in the criminal proceedings and does not collapse in the parallel proceedings.
Specialist Areas in White-Collar Crime
- Insolvency OffencesBankruptcy, delay in filing for insolvency, and the offences that typically arise during a corporate crisis.
- Environmental OffencesWater, soil, air, waste, and plant operation. Whether something is criminal depends on public environmental law.
- Money LaunderingIntentional and negligent money laundering, as well as the frequent constellation of financial agents.
- Counterfeiting of MoneyAccepted or passed on counterfeit money, including the role of the financial agent.
Arrested or questioned? Call us before you make a statement.
Frequently asked questions
The public prosecution office is currently searching our business premises. What should we do?
Remain calm and do not obstruct the measure. Request to see the search warrant, expressly object to the search, and do not provide any information regarding the case. Call us while the measure is still in progress; we can speak with the officers immediately.
What does an asset freeze mean for me?
With an asset freeze (Vermögensarrest), the prosecution secures assets for a later confiscation, for example, through an account seizure. This can affect private and business assets before a decision on guilt or innocence has been made. There are legal remedies against the order, which we will review and file.
When is there a delay in filing for insolvency?
A managing director of a company that is unable to pay its debts or is over-indebted who does not file for insolvency, or does not do so correctly or in a timely manner, is liable to prosecution under section 15a of the Insolvency Code (Insolvenzordnung, InsO). The law requires the application to be filed without culpable delay, at the latest three weeks after illiquidity and six weeks after over-indebtedness.
I did not sign anything myself. Can I still be held responsible?
Yes. In white-collar criminal law, responsibility is frequently derived from your position in the company's governing bodies or from supervisory and organisational duties, not just from your own actions. Whether an allegation is actually sustainable can only be assessed after reviewing the case files.
This information is general in nature and does not replace advice on an individual case.
In the guide
Explanations of the questions that arise at the start of a case.
Further practice areas
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