Scope of our work in white-collar crime
In the field of white-collar criminal law, we act both in defence of individuals and companies and in the representation of victims, including the drafting and filing of criminal complaints.
Criminal charges in white-collar crime cases – for example for fraud, embezzlement or other financial offences – are a sensitive and strategically important instrument in corporate disputes. They can trigger extensive investigations against company executives, but are also often necessary to secure assets, clarify breaches of duty and prepare civil claims. A wellprepared criminal complaint can help prevent further damage to the company, its management and its employees and can lay the groundwork for the effective enforcement of civil claims.
We examine whether criminal conduct has occurred and whether filing a criminal complaint is appropriate. In doing so, we always consider the procedural, civillaw and economic consequences, where necessary in cooperation with colleagues from other disciplines such as civil and corporate law. Our lawyers provide comprehensive advice on the advantages and risks of filing a complaint and represent victims at all stages of the criminal proceedings.
Please feel free to contact us and arrange an appointment with Galen Lawyers.
Typical scenarios for criminal charges in white-collar crime
Criminal charges in whitecollar crime cases regularly concern complex economic constellations. Unlike in general criminal law, they often arise from corporate conflicts, for example:
- shareholder and partnership disputes
- failed transactions
- breaches of duty by managing directors and board members
- embezzlement from the company
- allegations of fraud
- violations of compliance obligations
The economic and social significance of such proceedings is considerable. Allegations of whitecollar crime can shake confidence not only in corporate management and internal controls, but also in markets and business partners. The mere initiation of an investigation can entail serious reputational risks. In addition, assets can be seized at the investigation stage, which may lead to liquidity problems.
Typical offences in white-collar criminal law
Common offences that form the basis for criminal charges in whitecollar crime include in particular:
- fraud (section 263 StGB)
- breach of trust/embezzlement of assets (section 266 StGB)
- subsidy fraud (section 264 StGB)
- investment fraud (section 264a StGB)
- withholding and misappropriating wages (section 266a StGB)
- insolvencyrelated offences
- corruption offences
In addition, suspicions of money laundering or violations of competition and antitrust law can give rise to criminal complaints.
When is a criminal complaint legally justified?
Whether filing a criminal complaint is advisable depends – beyond strategic considerations – primarily on whether a criminally relevant set of facts exists. Not every breach of duty, poor business decision or breach of contract constitutes a criminal offence. It must always be examined whether the elements of the applicable offence are fulfilled.
For fraud (section 263 StGB), for example, there must be a deception about facts which causes an error, leads to a disposition of assets and results in financial loss. Decisive is an economic comparison of the asset position before and after the disposition.
For breach of trust (section 266 StGB), among other things, there must be a duty to manage assets – arising particularly under law or contract – and a breach of that duty must lead to a measurable financial disadvantage.
On the subjective side, intent with regard to all objective elements is required in both offences. In fraud, the perpetrator must additionally act with intent to obtain unlawful enrichment. In whitecollar crime, the distinction between negligent misconduct within the scope of permissible entrepreneurial risk and intentional criminal conduct is especially sensitive. Some offences can also be committed negligently, for example wrongful delay in filing for insolvency (section 15a InsO).
The organisational responsibility of corporate managers is also of considerable importance. Inadequate compliance structures, lack of control mechanisms or wilful blindness to irregularities may have criminal implications if they show a culpable acceptance of legal violations. Conversely, a functioning compliance system can, in individual cases, mitigate or exclude criminal liability.
Internal investigations, compliance audits and other triggers
Whitecollar offences are often uncovered in the course of:
- internal audits and compliance investigations
- whistleblower reports and employee tips
- audits and external tax audits
- information from business partners, banks or regulators
Public prosecutors typically become active after a criminal complaint has been filed. If there is sufficient factual evidence of a criminal offence, they are obliged to initiate an investigation (section 152(2) of the German Code of Criminal Procedure – StPO).
In whitecollar investigations, the following measures are particularly relevant:
- searches of business and private premises (sections 102, 103 StPO)
- seizures and data backups
- asset freezes and provisional measures (sections 111e et seq. StPO)
Digital evidence and extensive business documentation play a central role. Investigations can last for years and may involve international mutual legal assistance.
For victims, it is therefore crucial to present the facts to the public prosecutor’s office in a clear, structured and welldocumented manner. An unsystematic or incomplete complaint can delay investigations or result in essential aspects not being pursued at all.
Penalties, asset confiscation and personal liability risks
The penalties in whitecollar criminal law vary depending on the offence:
- Fraud (section 263 StGB) and breach of trust (section 266 StGB): imprisonment of up to five years or a fine, and in particularly serious cases imprisonment of up to ten years.
- Investment fraud (section 264a StGB): imprisonment of up to three years or a fine.
In addition to the sentence, there are regularly ancillary consequences. Of particular importance is the confiscation of assets under sections 73 et seq. StGB. Proceeds of crime and saved expenses can be confiscated. An asset freeze can be ordered as early as the preliminary investigation to secure future confiscation.
Furthermore, executive bodies (board members, managing directors) face potential professional or trade bans and civil liability claims. Companies themselves can be subject to substantial fines under administrative offence law. The reputational damage associated with whitecollar proceedings should also not be underestimated.
Our support in filing criminal charges in white-collar crime
In whitecollar crime, our work includes defending against allegations, advising victims and preparing and filing criminal complaints. In corporate disputes, we examine whether criminal conduct has occurred and whether filing a complaint – for example as part of a broader civil dispute strategy – is advisable.
Before filing a complaint, we:
- analyse the evidentiary situation
- assess legal and economic risks
- discuss the tactical implications with you, including possible countermeasures, reputational aspects and the impact on ongoing contractual relationships
In the investigation proceedings, we represent victims in asserting their right to inspect the files (section 406e StPO), examine the possibility of joining an adhesion procedure (sections 403 et seq. StPO) and support asset protection measures.
At Galen Rechtsanwälte, we combine forensic experience in criminal defence with comprehensive advice on compliance and internal investigations. For us, criminal law is not merely reactive, but a strategic tool for risk management and enforcement of claims. We identify criminallaw issues at an early stage, manage risks and consistently assert your interests within the framework of the rule of law.
Please feel free to contact us – we will advise you confidentially and directly.
FAQs – Frequently asked Questions about Criminal Complaints in White-Collar Crime
Filing a criminal complaint is an option where there is concrete evidence of a criminal offence. Whether it is strategically advisable depends on the precise circumstances. Criminal investigations can support the effective enforcement of civil claims, for example by securing evidence and enabling asset protection measures. We will advise you on the pros and cons in your specific situation.
In principle, any person can file a criminal complaint. In a business context, this often includes companies, board members, shareholders, insolvency administrators or aggrieved business partners. If there is an initial suspicion of a crime, the public prosecutor’s office is generally obliged to investigate.
Victims may request access to the case files under section 406e StPO, provided they can demonstrate a legitimate interest (for example, enforcing civil claims). Access may be restricted if it would unreasonably impair the accused’s legitimate interests or the ongoing investigation. Legal representation greatly facilitates asserting and exercising this right.
Yes. Civil claims can be asserted in criminal proceedings via the adhesion procedure (sections 403 et seq. StPO). Whether this is strategically sensible depends, among other things, on the evidence, the accused’s economic circumstances and parallel civil proceedings.
Asset seizure (section 111e StPO and related provisions) allows law enforcement authorities to provisionally secure the assets of the accused during the investigation to ensure subsequent confiscation of assets or their value. For victims, this can be crucial to securing the enforceability of their claims.
In corporate disputes, criminal charges are sometimes used strategically. A careful legal review is therefore essential – both to pursue wellfounded allegations and to defend against abusive complaints. Filing an unjustified complaint can itself constitute a criminal offence (e.g. false accusation).
Initial suspicion exists when there are sufficient factual indications that a criminal offence may have been committed (section 152(2) StPO). The threshold is relatively low, but mere conjecture or vague suspicions are insufficient.
The right to join proceedings as a private prosecutor (section 395 StPO) exists only in limited constellations involving purely economic damage. We will examine on a casebycase basis whether private prosecution is a viable option in your situation.
The confiscation of proceeds of crime under sections 73 et seq. StGB can lead to the distribution of confiscated assets to victims (sections 459h et seq. StPO). The legal framework is complex and requires careful legal advice and active participation in the proceedings.
As early as possible – both before filing a criminal complaint and as soon as you become aware of investigations against you or your company. Strategic decisions taken at the outset can significantly influence the course and outcome of the proceedings.