Practice area · Criminal law
White-collar crime.
Cases that run for years.
Cases arising from business activity: the liability of board members, fraud, mismanagement and fiscal criminal proceedings. These are multi-strand proceedings in which the documentation, and pinning down exactly what a particular person did, is what counts.
§01Types of case
The cases in which we act for the defence
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Fraud
Charges of causing a disadvantageous disposal of property - the most common classification in business crime cases.
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Acting to the detriment of a company
The liability of those in charge for decisions judged to amount to mismanagement.
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Fiscal criminal cases
Proceedings concerning taxes, invoices and settlements with the tax authorities.
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Failure to file for insolvency
The board's liability for failing to file the petition in time.
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Unreliable records
Charges concerning books, financial statements and invoices.
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Credit fraud
Cases involving financing and the submission of documents to banks.
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Misappropriation and embezzlement
Cases concerning property entrusted in the course of business.
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Freezing of assets
Appeals against seizures made during the proceedings.
Law as at: September 2026. This content is general information and does not constitute legal advice - assessing a particular case always requires reviewing the documents.
§02Parallel strands
One case, several sets of proceedings
The same set of facts is often assessed in several sets of proceedings at once. Decisions taken in one can determine the outcome of the others.
| Proceedings | What it covers | Risk |
|---|---|---|
| Criminal | personal liability of the person in charge | a penalty, a ban on holding certain positions, forfeiture |
| Fiscal criminal | tax settlements and records | a fine, subsidiary liability |
| Tax | assessment of the tax liability | arrears together with interest |
| Civil | claims by the company, its shareholders or its counterparties | liability in damages |
| Insolvency | whether the insolvency petition was filed in time | liability for the company's debts |
That is why the strategy has to be built as a whole - a statement given in one set of proceedings becomes evidence in the others.
§03Your role on the board
A collective charge is not evidence
In business crime cases charges are often framed against the entire board, without distinguishing who took which decisions. Criminal liability, however, is always individual.
The division of responsibilities, the scope of authority granted, the dates of appointment and removal, the document approval trail - these are what make it possible to show that a particular person had no influence over the decision in question, or could not have known about it.
The second battleground is intent. Many business crime charges require proof of deliberate conduct. That is often exactly where the difference between a bad commercial decision and a crime lies - and where the defence concentrates.
§04Lines of defence
What the defence rests on
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Individualising liability
Demonstrating what a particular person knew and what they could influence.
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The question of intent
A commercial decision that turns out badly is not in itself a crime.
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Analysis of the expert report
The valuation assumptions and the methodology are often open to challenge.
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Documentation
Contracts, minutes and correspondence - the material that puts the facts in order.
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Asset freezing orders
Appeals against seizures that make it impossible to keep trading.
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Coordinating the proceedings
A consistent position across the criminal, fiscal and civil cases.
§05How we work together
How we run a business crime case
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Establishing your status
We check what capacity you are appearing in and what follows from that.
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Analysis of the documents
Contracts, resolutions, financial statements and correspondence.
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Mapping the proceedings
We establish which cases are running in parallel and how they affect each other.
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The line of defence
We build a consistent position across all the proceedings.
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Representation
We conduct the case before the authorities and the court.
§06Questions and answers
Questions about business crime cases
Cannot find your question here? Call us on +48 883 406 792 or write to us using the contact form.
It is worth taking advice. In business crime cases a person's status can shift - a witness's evidence may become the basis for charging them. A witness has the right to refuse to answer a question if doing so would expose them to criminal liability.
Criminal liability is individual. A charge may be framed against every board member, but the defence consists precisely in showing who took which decisions and who genuinely influenced the conduct complained of.
Tax proceedings determine how much is owed to the tax authorities. Fiscal criminal proceedings concern personal liability for an act. They often run in parallel, and findings in one are frequently used in the other.
A freezing order can be appealed. The argument is often that the order goes further than necessary, or that it makes it impossible to carry on the very business from which any loss would be made good.
Usually a long time - they are multi-strand proceedings built on documents and expert reports. That is precisely why it is worth putting the paperwork in order as early as possible, rather than years later.
The court may impose a ban on holding certain positions or carrying on a certain business. In most cases it is discretionary - whether it is imposed depends on the circumstances and is often argued separately.
The first step
Let us talk about your situation
You do not need your documents in order, and you do not need to know the law. Just tell us what is happening - we will plan the way forward together.
§07Contact
Book a legal consultation
