Financial and economic crime

Financial and economic cases are often complicated. The legislation is complex, extensive and technical, and the financial interests are substantial: not only for you personally as a suspect, but possibly for your business as well. Investigations into financial and economic offences also regularly take a long time. Our firm regularly represents suspects in cases of this kind and provides specialist legal representation.

Types of offence

Financial and economic offences are set out not only in the Dutch Criminal Code but in other statutes as well, such as the Economic Offences Act (Wet op de economische delicten, WED) and the State Taxes Act (Algemene wet inzake rijksbelastingen, AWR). Examples are money laundering, tax offences and forgery. Environmental offences and offences in the field of working conditions also fall within financial and economic criminal law.

As a suspect you will face an investigation by the police or by a special investigative service, such as the FIOD, the investigation service of the Tax Administration, or Customs. You may be confronted with a search of your home or business premises, with the seizure of goods or money, and with disruption to the running of your business. That is a great many things to deal with at once. You always have the right to a lawyer; make use of that right.

Natural persons and legal entities

You can be prosecuted as an individual, a natural person, for a financial or economic offence. For instance because you are suspected of having falsified a document or of having laundered money derived from an offence.

A business, a legal entity, can also be prosecuted. Your private limited company, foundation, association or other legal entity is then held criminally responsible for the conduct of directors or employees. Investigations into offences within a business are often extensive and complex and can run for several years. It is therefore advisable to contact us as early as possible, as soon as you come into contact with the police or another investigative authority. We represent both natural persons and legal entities at every stage of the criminal process.

The consequences of a criminal investigation

Financial and economic offences are aimed at obtaining money unlawfully. A criminal investigation therefore focuses above all on flows of money, cash payments, records and other financial data.

Where a business is investigated, that can cause not only financial loss but reputational damage as well. Business activities may come to a standstill, or clients may no longer want to deal with the company because it is under fire, even where the suspicion later proves unfounded.

If your case does eventually come before the court and a conviction follows, the sentences can be substantial. A natural person can receive a fine, a community service order or even a prison sentence. A legal entity that is convicted usually receives a substantial fine, the level of which depends on the amount involved in the fraud and on the financial capacity of the business.

A sanction can also follow outside criminal law. The Tax Administration, for example, can take administrative action where you have paid no tax or too little tax. You then face both criminal prosecution and an additional assessment from the Tax Administration.

Contact us as soon as you can

The impact of a financial and economic investigation can be considerable. Our lawyers guide you through this complicated process and provide you with expert advice, so that you can make the best strategic choices.