EXPERTISE
CRIMINAL LAW, COMPLIANCE & LITIGATION
Criminal Law
We advise and defend private individuals and companies in all phases of German criminal proceedings and administrative offence law. Our focus is on a well-founded legal analysis, a transparent approach, and the consistent enforcement of your rights.
Tax Criminal Law
- Individual defence against allegations of tax offences and customs offences, such as tax evasion. We represent you before courts, public prosecutors' offices, the tax office or the main customs office.
- Corporate representation in tax criminal law proceedings, e.g. as a confiscation party to the proceedings.
- Representation in proceedings relating to administrative tax offences and administrative customs offences, such as reckless tax evasion, endangerment of withholding taxes, excise duty endangerment, endangerment of import and export duties or impermissible acquisition of tax refund and refund claims.
- If you wish, we can represent you in taxation proceedings if there is a connection with criminal allegations. This is sensible, for example, in the case of liability claims, tax audits, special VAT audits, cash register inspections, as well as in financial legal action proceedings.
White Collar Criminal Law
- We defend you against allegations of corruption (e.g. bribery and corruption of elected officials, public officials, and of private business individuals)
- Defence against accusations from the field of insolvency criminal law, e.g. delaying a motion of insolvency, bankruptcy, violation of accounting obligations, creditor favouritism and debtor favouritism.
- Representation vis-à-vis the German main customs office in the case of offences under labour criminal law and administrative offence law. Examples are the withholding and embezzlement of wages, illegal employment relationships or violations of occupational safety laws or the German Works Constitution Act.
- We defend managing directors and auditors, among others, against accusations of so-called "balance sheet falsification" or "balance sheet concealment". This applies, for example, to incorrect presentation in annual financial statements. Recently, the importance of non-financial reporting or sustainability reporting ("ESG") has been increasing.
International & European Criminal Law
- We represent clients in mutual legal assistance and extradition proceedings, including European arrest warrants. We provide support in both directions – domestic residents against whom foreign criminal proceedings are being conducted, and foreigners in domestic criminal proceedings. We also advise in English and understand French and Spanish well.
- Defence in proceedings of the European Public Prosecutor's Office (EPPO) in the case of crimes affecting the financial interests of the European Union.
- Advising on administrative investigations by the European Anti-Fraud Office (OLAF), e.g. in the areas of customs, agriculture and research funding.
- We defend, among others, soldiers in potential violations of international humanitarian law, such as war crimes or crimes against humanity. Attorney Dr. Andreas Dürr has many years of experience in international criminal law and has worked, among other things, at the International Criminal Tribunal for the former Yugoslavia.
General Criminal Law and Administrative Offense Law
- In general criminal law, we represent adults, adolescents and juveniles either on the perpetrator or the injured party's side.
- The spectrum of offences covered by us in general criminal law includes, for example, property offences, such as fraud, embezzlement, money laundering, theft, receiving stolen goods, damage to property or forgery of documents.
- We defend against charges of violent and coercive offences such as robbery, extortion, assault or threats, as well as offences of expression, such as insult, defamation, or false statements to courts.
- In the area of administrative offences, we represent individuals and companies in a wide variety of constellations, e.g. in connection with environmental offences, emission control, violations of trade law regulations or traffic offences.
Representation of Injured Parties
- We represent victims and injured parties as side-accusers, private plaintiffs or in adhesion proceedings. On request, we accompany our clients in a perpetrator-victim settlement proceedings.
- We file criminal charges against those involved in the crime and, if desired, take over further representation in the proceedings.
- For victims of crime, we recover assets and claim damages in civil courts. If necessary, we resort to interim legal protection (e.g. through preliminary injunctions or freezing orders).
- For victims of violent crimes, we obtain temporary injunctions under the German Protection against Violence Act.
Compliance
We support companies in introducing, reviewing, and further developing effective compliance structures. The aim is to identify risks at an early stage, comply with legal requirements, and avoid liability-relevant consequences – preventively and practically.
Preventive Compliance Consulting
- Compliance with laws is essential for all businesses. We support small and medium-sized enterprises in implementing appropriate compliance measures.
- Through lectures, training courses and workshops, we raise awareness of criminal and regulatory risks that the company's business purpose entails. We review or draft appropriate codes of conduct for your company. We review or draft appropriate codes of conduct for your company.
- Even if small and medium-sized enterprises may not fall directly within the scope of the German Supply Chain Due Diligence Act or the future EU Corporate Sustainability Due Diligence Directive (CSDDD), they must regularly acknowledge codes of conduct or provide information on their supply chains. We are also available to advise on these topics. We also provide advisory support in this regard.
Internal Investigations
- We advise companies and organizations that become aware possible misconduct on appropriate measures to investigate and minimize liability.
- Depending on the scope of the matter, we conduct an internal investigation ourselves or provide advice if, for example, the company engages a forensic service provider to carry it out.
- In the case of "external" internal investigations, we represent managers and employees as individual legal counsel before, during and after an investigation.
Whistleblower Systems
- We advise companies on the appropriate and legally compliant implementation of whistleblower systems.
- On request, we are available as a contact person and trusted lawyer for whistleblowers.
Litigation
We represent your interests before courts and authorities – e.g. in civil, administrative and fiscal law proceedings. Our approach: factual, structured and assertive, with a view to economically sensible solutions.
Damages and Liability
- Compliance Litigation: In the event of financial losses due to criminal offending (e.g. fraud or breach of fiduciary duties), we are at your side on the plaintiff's or defendant's side. Have you been the victim of a violent crime and would like compensation for pain and suffering as well as material damages? We help you to enforce your rights.
- Consultant liability: Have you suffered financial loss because of misconduct on the part of your advisor or are you being accused of such, e.g. as a lawyer or tax advisor? We specialize in lawsuits due to consulting errors and deal with professional liability insurers for you.
- Insolvency administrator: Your company had to file for insolvency and now the insolvency administrator wants you to reimburse you for unauthorized payments? The insolvency administrator of a former business partner declares the contestation of your payments received? In both cases, we represent you vis-à-vis the insolvency administrator.
- Claims management: Your customer is not paying his invoice? We take care of it and take the necessary legal measures.
- Coverage claims: Your insurance company does not recognize your insured event? We will be happy to assert your rights against liability, legal expenses or accident insurance, among other things.
Administrative Proceedings
- Fiscal court proceedings: Especially in the case of tax crimes, there is usually a connection with the taxation procedure. On request, we can take tax legal remedies for you, such as objections or lawsuits before the tax courts, e.g. against changed tax assessments or liability notices.
- Social court proceedings: Especially in the case of accusations of "illegal work" or "bogus self-employment", proceedings regularly take place before the social security institutions in parallel to criminal proceedings (usually the German Pension Insurance). We will be happy to supervise these proceedings for you and file objections or lawsuits with the social courts.
- General administrative court proceedings: Criminal offences or their mere suspicion can lead to considerable difficulties with the general administration. For example, it can prohibit the exercise of a trade, withdraw a restaurant permit or a hunting or firearms license due to unreliability. We will take the available legal remedies for you.
Professional Procedures & Disciplinary Proceedings
- Chamber professions: Are you a freelancer and a member of a chamber profession? Are you accused of misconduct as a lawyer, notary or tax consultant, for example? Then we support you in safeguarding your rights vis-à-vis chambers and professional courts.
- Judges, civil servants and soldiers: We defend members of the public service against allegations in official disciplinary proceedings and before the administrative, service and military service courts.
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