§ 263 StGB
Fraud (Betrug)
Including subsidy fraud and credit fraud.
Business and white-collar crime
White-collar crime lawyer in AachenFraud, breach of trust, unpaid social security contributions: an allegation from business life rarely affects just one person. It also affects the company, the bank and business partners. Karolin Hagemann de Grzymala, LL.M., defends managing directors, self-employed people and private individuals, and represents companies facing a fine or confiscation.
A suspicion rarely affects just one person.We keep the whole picture in view.
For managing directors, the self-employed and the company itself.
As a white-collar crime lawyer in Aachen, Karolin Hagemann de Grzymala, LL.M., defends people accused of offences against property and assets. These cases often take a long time and turn on figures, contracts and emails. If you have a defence in place early, you can still influence how they develop.
Which allegations count as white-collar crime
At its core, this area covers offences against other people’s assets and offences committed in the course of business. Typical allegations are:
§ 266 StGB
Breach of trust (Untreue)
For example, where a managing director is said to have used the company’s money for other purposes.
§ 266a StGB
Withholding social security contributions and misappropriating wages (Vorenthalten und Veruntreuen von Arbeitsentgelt), often after an inspection by the customs unit for undeclared work (Finanzkontrolle Schwarzarbeit).
§ 261 StGB
Money laundering (Geldwäsche). Since 2021, any criminal offence can be the predicate offence, and even grossly negligent conduct is punishable.
§ 15a InsO
Delayed insolvency filing (Insolvenzverschleppung) and bankruptcy offences (Bankrott)
When a company runs into financial difficulty.
§ 299 StGB
Taking and giving bribes in commercial practice
§ 370 AO
Tax evasion (Steuerhinterziehung), which often comes alongside another allegation
Good to know
Not every allegation actually describes a criminal offence. Between a risky business decision and breach of trust, or between a failed contract and fraud, there is often one question that decides the case: what did the accused person know, and what did they intend?
What is at stake besides the penalty
In white-collar cases, the side effects often weigh more heavily than the penalty itself. That is why we examine them from the start:
§§ 73 ff. StGB
Confiscation (Einziehung)
The state takes away whatever is said to have been obtained through the offence, including from the company. Even during the investigation, it can secure bank accounts and real estate with an asset freezing order (Vermögensarrest).
§ 30 OWiG
Corporate fine (Unternehmensgeldbuße)
If a person in a management position intentionally commits an offence that concerns the company, the company faces a fine of up to ten million euros.
§ 6 Abs. 2 GmbHG
Disqualification as a managing director
Anyone convicted of an intentional insolvency offence may not be managing director of a GmbH (German limited company) for five years. For fraud, breach of trust or offences under § 266a StGB, this applies from a prison sentence of at least one year.
§ 2 WRegG
Competition Register (Wettbewerbsregister)
Convictions under § 266a StGB or for tax evasion, for example, are entered in this register. Public contracting authorities check it before awarding contracts.
Personal liability
Alongside the criminal proceedings, there may be civil claims, for example for unpaid social security contributions.
The first day of a search at company premises
For many people, white-collar proceedings begin with a search (Durchsuchung), often early in the morning and at several locations at once. What happens on that day shapes the whole case.
- 01
Call your defence lawyer
Call as soon as the officers are at reception. Ask the officer in charge to wait until your defence lawyer has been reached. There is no right to this, but it is often granted.
- 02
Check the warrant
Ask to see the search warrant (Durchsuchungsbeschluss). It sets out what may be searched for. It makes a difference whether the company itself is suspected or is affected as a third party (§§ 102, 103 StPO).
- 03
Stay silent, delete nothing
Management and staff say nothing about the allegations. From now on, no documents or data are deleted or destroyed. Doing so can lead to new allegations and provide a ground for detention.
- 04
Control what is handed over
Hand nothing over voluntarily without speaking to your lawyer first. Object to the seizure and have your objection recorded. Ask for copies to be made of any documents the business still needs.
- 05
Ask for a list
At the end, you can ask for a list of all items taken (§ 107 StPO). We then apply to inspect the file and examine legal remedies against the search and the seizure.
Is the search happening right now?
Call +49 163 8461632. The key rules for the first minutes are under Emergency, and the procedure from management’s point of view is under Companies.
Defending individuals, representing the company
White-collar proceedings often involve several people whose interests differ: the managing director, the bookkeeper, the company itself. The law draws clear lines here. A defence lawyer may not defend several people accused of the same offence at the same time (§ 146 StPO). That is why we clarify at the outset which role the firm takes on:
Defending an accused person
Karolin Hagemann de Grzymala, LL.M., defends one accused person and represents only that person’s interests.
§§ 424, 444 StPO
Representing the company
If the company faces a fine or confiscation, it becomes a party to the criminal proceedings and needs its own representation.
§ 68b StPO
Witness counsel (Zeugenbeistand)
Employees who are to give evidence as witnesses can bring a lawyer with them. That lawyer acts only for the witness.
Good to know
Whoever represents the company does not also defend an employee. The individual defence lawyers can, however, coordinate their work where this benefits their own client.
Call directly
+49 163 8461632You speak to the lawyer in person. Professional confidentiality applies from the first call.
How a white-collar defence works
Karolin Hagemann de Grzymala, LL.M., certified specialist lawyer for criminal law in Aachen
Many white-collar cases are decided during the investigation stage (Ermittlungsverfahren), before any indictment. At this stage, the defence works mainly with the case file:
- Apply to inspect the file (Akteneinsicht) before you make any statement § 147 StPO
- Analyse the accounts, contracts and correspondence ourselves, together with your tax adviser if needed
- Submit a written statement if it helps you
- Discuss the state of the proceedings with the public prosecutor § 160b StPO
- Work towards having the case dropped (Einstellung), for lack of sufficient suspicion or subject to conditions §§ 170 Abs. 2, 153a StPO
- Challenge asset freezing orders and confiscation where they go too far
Karolin Hagemann de Grzymala’s career includes work at a Cologne law firm specialising in criminal and tax law, and a partnership at DMFH Fachanwälte für Strafrecht. During her legal traineeship (Referendariat), her placements included a large commercial law firm.
Speak to me directly.Confidential from the first call, by video if you prefer.
Arrange an appointment
Prevent, investigate, act across borders
Some proceedings can be avoided if risks are recognised early. That is what criminal compliance is for. If there is already a suspicion within the company, an internal investigation can establish the facts before the authorities do. If the case extends abroad, for example to bank accounts or business partners in Belgium or the Netherlands, international criminal law also comes into play.
Received a summons or a questionnaire?
If you have received a police summons (Vorladung) or a written questionnaire (Anhörungsbogen), do not comment until your defence lawyer knows the file. As an accused person, you do not have to attend a police interview. We contact the authority and apply to inspect the file. Send an enquiry
White-collar crime in Aachen
Larger white-collar cases are heard at the Regional Court (Landgericht) by a commercial criminal chamber (Wirtschaftsstrafkammer).
Aachen
In the Aachen area, the Public Prosecutor’s Office Aachen and the Regional Court Aachen are responsible, including across the border where a case has links to Belgium or the Netherlands.
Criminal defence lawyer in AachenOther practice areas
Defence for individuals and companies, from a penalty order to extradition proceedings.
Frequently asked questions
Answers to questions that managing directors, the self-employed and companies often ask at the start of proceedings.
Breach of trustWhen does a business decision become breach of trust?
A decision that later turns out to be wrong is not automatically a criminal offence. Managers have room for judgement when making business decisions. Breach of trust requires that someone breaches a duty to look after another person’s assets and thereby intentionally causes a loss (§ 266 StGB). Whether a duty was breached depends on what the law, the articles of association and internal rules allowed.
Social securityWhat happens if social security contributions are not paid?
An employer who fails to pay employees’ social security contributions commits an offence under § 266a StGB, even if no wages were paid at all. The question is often whether freelancers were in fact employees. In addition to the penalty, the managing director is often personally liable for the contributions.
CompanyCan my company be punished too?
In Germany, a criminal penalty in the strict sense applies only to individuals. A fine can, however, be imposed on the company if a person in a management position has committed an offence that breached the company’s duties or was meant to enrich it. For an intentional offence, the fine can be up to ten million euros (§ 30 OWiG). Confiscation of whatever was obtained comes on top of that.
SearchDo I have to hand over documents during a search?
As an accused person, you must allow the search, but you do not have to actively help. If the company is affected only as a third party, there may be a duty to hand over certain items (§ 95 StPO). In both cases, hand nothing over without speaking to your lawyer first, object to the seizure and have your objection recorded. Sometimes it makes sense to produce the documents being sought yourself, so that the whole business is not searched. We decide this together with you.
DurationHow long do white-collar criminal proceedings take?
There is no general answer. Cases with many documents, witnesses or expert reports often take months, sometimes years. The time during the investigation can be used to work through the facts and to talk to the public prosecutor. Excessively long proceedings may have to be taken into account when the sentence is set.
Talk to us before you talk to anyone else.
A first consultation clarifies where you stand and what to do next. The language of the consultation is agreed when you first get in touch, and a sworn interpreter can take part if needed.
+49 163 8461632