White-Collar Criminal Defence in Frankfurt – Nationwide Representation (English-speaking)

White-Collar Criminal Defence in Frankfurt – Nationwide Representation

White-collar criminal law aggregates offences with a direct nexus to economic activity. Typical allegations include fraud (Section 263 StGB), breach of trust (Section 266 StGB), withholding and misappropriation of wages (Section 266a StGB), money laundering (Section 261 StGB), tax evasion (Section 370 AO), delay in filing for insolvency (Section 15a InsO), corruption offences, balance-sheet/document forgery, insider trading, market manipulation, cryptocurrency-related issues (e.g. Bitcoin & confiscation) and the special fields of Cum-Ex/Cum-Cum as well as VAT carousel fraud.

Our firm Buchert Jacob Peter represents private individuals and executives at every stage—from the first indication of suspicion through investigations to the main hearing and legal remedies. We act procedurally with focus, safeguard defence rights at an early stage and steer the matter with clear, legally sound steps. Learn more about our criminal defence practice areas, our attorneys and the German criminal procedure.

Problem: Risks and Consequences in Economic Crime Proceedings

Criminal proceedings may involve searches, seizure, arrest warrants and pre-trial detention. Outcomes range from fines to prison sentences, with or without suspension. Asset measures such as confiscation (Sections 73 ff. StGB) can be economically far-reaching. Professional realities may be affected by judgments, entries in registers and collateral effects such as director disqualification. At the corporate level, corporate fines under Section 30 OWiG and supervisory-duty allegations under Section 130 OWiG can arise alongside register-law consequences (e.g., competition register). Controlling the procedure efficiently is essential.

Solution: Defence with Analytical Precision and Tactical Restraint

Economic-crime allegations are typically fact- and expert-driven. We emphasise precise legal subsumption and a reliable evidence base. For instance, the fraud offence requires deception, error, disposition and loss; the debate often lies in distinguishing mere civil non-performance from criminal pecuniary damage. In breach of trust, the focus is on the duty to safeguard assets and its breach. For Section 266a StGB, one must distinguish between employee and employer contributions. In carousel cases, assessment centres on knowledge and integration into an intentional structure.

Procedure: From First Intervention to Remedies

Initial Phase: Managing Raids, Seizure and Detention

Make no statements without counsel; exercise the right to remain silent.
Scrutinise the legal basis of searches and seizure; document the process and safeguard privileged material.
For witnesses, clarify witness rights; for accused persons, prioritise access to the file.
In case of an arrest warrant or preliminary arrest, ensure prompt judicial presentation and test grounds such as flight-risk with care.

Legal & Factual Analysis

We analyse elements of the offence, causation and damage calculation with rigour. In balance-sheet cases we address valuation issues; in insolvency contexts we examine insolvency maturity (illiquidity/over-indebtedness) and deadlines (see delay in filing for insolvency). In cryptocurrency matters we focus on transaction tracing, wallet attribution and fiscal qualification (see Bitcoin & confiscation).

Main Hearing and Legal Remedies

We file evidence motions in time, scrutinise sentencing and preserve the record for appeals. Where possible we work towards dismissals under Section 170(2) StPO, Section 153 StPO or Section 153a StPO. In suitable cases we challenge penalty orders and test the indictment for defects; understanding the course of proceedings is key.

Typical Offence Clusters and Defence Focus

Fraud, Breach of Trust, Asset Recovery

Separate civil-law performance issues from criminal deception; interrogate damage theories.
In breach-of-trust settings, examine the scope of the asset-management duty and the organisation actually in place.
Resist confiscation through rebutting enrichment, allocation and third-party impact.

Employment-Related Allegations

Beyond Section 266a StGB, cases often involve illegal employment or unlawful supply of temporary workers.
Analyse status issues (sham self-employment), social-security law and evidence from audits.

Tax Crime Proceedings

File position, tax investigation and the BuStra unit are often decisive; test estimates and procedural levers.
With a capital-markets nexus, expect Cum-Ex/Cum-Cum and complex evidence chains.
See also our practice page on tax evasion defence.

Insolvency-Related Offences

Bankruptcy offences, bookkeeping violations, creditor or debtor favouring: timing, insolvency maturity and proof drive outcomes.

Method: Evidence and Law, Scientifically Grounded

We work with forensic care: robust liquidity and loss calculations, comprehensible valuation reports, and critical plausibility checks. Procedurally, we leverage structured self-reading where appropriate, secure motions within deadlines and ensure the groundwork for review. For key concepts in practice see criminal offences & criminal procedure.

Call to Action: Discreet Defence in White-Collar Criminal Law

You have received a police summons, expect a penalty order or face an indictment? We assess the file, develop a strategic defence and represent you—in Frankfurt and nationwide. Current insights are available under our practice areas; further explanations can be found in our legal dictionary. Contact us for a confidential consultation.

FAQ: White-Collar Criminal Law in Germany

Which offences are core to white-collar criminal law?

Key areas include fraud, breach of trust, Section 266a StGB, money laundering, tax evasion, balance-sheet offences, capital-market offences and VAT carousel fraud.

What happens during the investigation stage?

The prosecution assesses suspicion, may order search and seizure, and interviews witnesses and accused persons. Outcomes include discontinuance, penalty order or indictment. See the course of proceedings.

How can a main hearing be avoided?

Through early, well-founded defence, robust rebuttal of elements of the offence and using the options under Section 153 StPO or Section 153a StPO. File access is indispensable (see Section 147 StPO access to files).

What role does confiscation play?

Confiscation aims to skim gains irrespective of the sentence. We test enrichment, attribution and third-party exposure and resist overreaching calculations. Background on asset measures appears across our dictionary, e.g. crypto & confiscation.

What is special about crypto and capital-market cases?

For Bitcoin & co., transaction reconstruction and fiscal qualification are central; in insider trading and market manipulation the focus is on information access, market communication and causation.

Contact

Need a careful assessment? We are reachable at short notice and act discreetly in all phases of the proceedings—in Frankfurt am Main and nationwide. Overview pages on procedure, judgments and further topics can be found in our legal dictionary.

Contact us – Your Specialist Criminal Defence Lawyers in Frankfurt am Main and across Germany

Additional qualifications include: Specialist Lawyer for Criminal Law; Certified Counsel in Business Criminal Law (DSV); Certified Accounting Experts (Dr. Endriss); EU Data Protection Officer.

Our law firm Buchert Jacob Peter has worked in Frankfurt am Main for over 25 years with experienced criminal defence lawyers. We represent clients nationwide.

Phone: +49 69 710 33 330
Email: kanzlei@dr-buchert.de
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