German
Business Criminal
Defence
Lawyer

Blackmail can be damaging to businesses, particularly when it involves compromising information relating to the company. Corporate blackmailers usually seek to gain important data concerning the company, often simple information such as email addresses and credit card details of business customers, and upon locating the information, they can threaten the company that they will release it and thus risk the company’s reputation. This threat is more directed towards businesses rather than private individuals as companies are required to keep such information safe and its release can damage consumer trust and confidence.

At Schlun & Elseven Rechtsanwälte, our team advises businesses regarding how to respond to blackmail and related offences. Our team will explore the options available to your company, regarding resolving the matter, outside of court where preferable.

At Schlun & Elseven Rechtsanwälte, our business criminal lawyers are ready to advise your company regarding internal mechanisms to help detect and prevent criminal activity. By implementing internal grievance procedures, your company can uncover damaging and criminal activity such as corruption or failure to reach specified legal standards. Not having such aspects in place can force employees, managers and others to expose these matters to the public which can cause significant reputational damage.

Compliance systems need to be secure, confidential, effective, and according to industry standards. At Schlun & Elseven Rechtsanwälte, our lawyers advise both companies and whistleblowers regarding their options under German law.

Corruption in Germany and across other countries can be seen across all areas of society. The German Criminal Code (StGB) regulates several criminal offences that can be assigned to the colloquial term “corruption” to protect fair competition and public service integrity. However, this term is not legally defined in the Criminal Code. Rather, the corresponding offences are bribery, corruptibility, granting of advantages and acceptance of advantages.

With the legal decision by the Bundesgerichtshof (German Federal Court of Justice) to state that the billion-dollar Cum-Ex transactions by investors and banks were illegal, it is crucial for those who may fear investigation or legal challenge to receive comprehensive legal advice from expert lawyers. At Schlun & Elseven Rechtsanwälte, our team is ready to advise, support and defend you.

Our firm supports both private individuals and corporate clients, and as German lawyers can ensure that you are fully aware of your rights under criminal law. Whether you need advice concerning the German criminal law system, extradition proceedings or any other issue, our lawyers are ready when you are.

Cybercrime is a threat to businesses globally. Cybercrime activities can have a devastating impact on a business, and companies need to be aware of their legal options should they happen. Cybercrime law in Germany is also subject to constant change.

Such criminal activity under current German law includes those committed using information technology or that have the IT infrastructure, data and data processing as its objective. In this context, the legislator sometimes extends criminal liability to alleged preparatory acts, such as creating devices or software that can aid the commission of cybercrimes (§ 202c StGB). At Schlun & Elseven Rechtsanwälte, our business criminal lawyers are ready to support your company pursue its rights.

Anyone who unlawfully appropriates another person’s movable property for themselves or for a third party is liable to prosecution for embezzlement in Germany under § 246 (1) German Criminal Code (StGB). Within companies, embezzlement occurs, for example, when proper bookkeeping, inventory or accounting is not carried out. In addition, deficiencies in the control system can encourage embezzlement by employees, e.g. by taking advantage of any disorder in the company to embezzle work equipment, orders or money. A common type of embezzlement of money is the falsification of receipts or books.

Standard embezzlement in Germany is punishable by imprisonment of up to three years or a fine. If it is a case of embezzlement, i.e. if the embezzled property was entrusted to the perpetrator, a custodial sentence of up to five years or a fine can be imposed. The specific penalty is largely determined by the circumstances of the individual case.

Extradition cases are delicate matters and therefore, require lawyers with extensive expertise. Our extradition law team has worked alongside clients worldwide and especially with cases related to Interpol Notices and Diffusion Orders. Extradition law is a complex matter but there are often errors made by the prosecuting side.

Our knowledge of the complexities of the legal area alongside our close contacts with local extradition counsel worldwide mean that we have succeeded in challenging extradition orders. Extradition cases place clients in exceptional situations that often affect their freedom, life and physical integrity, and this means they require exceptional legal support. In times of crisis, our clients can rely on the extradition lawyers at Schlun & Elseven Rechtsanwälte.

Our lawyers assist businesses in preventing fraud. Certain frauds, such as the “CEO fraud” are aimed specifically at companies, and can lead to them suffering reputational damage and financial loss. Companies of any size can fall victim to expertly conceived fraud and large companies are often more attractive for the perpetrators. Large companies often have higher financial resources and more complex corporate structures, thus lowering the probability of detection.

Companies need to ensure that their compliance departments are prepared to face the fraudulent schemes of the 21st century. Medium-sized to small companies can also fall victim as many of them have no compliance department, so security standards can be significantly lower, making it easier for the perpetrators to carry out the crime and thus also represents a non-negligible incentive.