The German Federal Supreme Court (BGH) has confirmed through another ruling issued in April 2022 that the billion-dollar Cum-Ex transactions by investors and banks were illegal in Germany. A summons, an indictment by the public prosecutor’s office or even an arrest usually represents an enormous burden and a considerable legal challenge for those affected – especially against the background of a case law that is just developing.
The law firm Schlun & Elseven offers specialised criminal defense for persons who were involved in cum-ex transactions in whatever form. With excellent expertise and many years of experience, our legal team is ready to provide you with comprehensive advice and defense. Our lawyers will ensure that you strengthen your position during the investigation process and that your rights as an accused are always protected in the process. Whether you need advice on German white-collar crime, extradition proceedings or any other area of law – the law firm Schlun & Elseven is always there to support you.
Cum-Ex and Developments in German Law
The decision of the German Federal Supreme Court to classify cum-ex transactions as tax evasion is pioneering. With this ruling, some of those involved have already been sentenced to long prison terms. Recently, the Regional Court of Bonn sentenced a former employee of a private bank to a prison term of more than five years. Two British stock traders also received suspended sentences for tax evasion and aiding and abetting respectively due to their involvement in the matter. This example shows that cum-ex cases can be cross-border and do not only affect German citizens. Since the defendants face high fines and imprisonment, professional criminal defense is essential.
In view of the fact that many investors, institutions and other persons were involved in the cum-ex transactions and that billions of euros in damages are at stake, the decision of the German Federal Supreme Court will in all likelihood result in further cases. Since the court found that the cum-ex transactions were not based on a legal gap, more comprehensive defense strategies are needed. The law firm of Schlun & Elseven offers criminal, civil and tax law representation in connection with cum-ex transactions. In doing so, our team of lawyers incorporates its expertise from all areas of law related to this topic.
Schlun& Elseven: Leading expertise and defense in Business Criminal Law
As an interdisciplinary full-service law firm, we cover a number of different areas of law with our expertise. Our German criminal defense lawyers have many years of experience in criminal tax cases, fraud cases, allegations of white-collar crime and many other areas. As soon as the risk of an investigation into cum-ex transactions becomes apparent, professional legal assistance is crucial. Our criminal lawyers will advise you on possible strategies and develop tailor-made solutions based on your specific case. We also support you when it comes to how to act in the event of a house or property search, the freezing of bank accounts or in the event of pre-trial detention.
Thanks to our comprehensive knowledge of extradition law and many years of experience with Interpol proceedings, our team can reliably advise and expertly represent clients worldwide. There are currently differing views on the legality of cum-ex transactions from country to country. However, cases involving different jurisdictions are always legally complex matters. It is also not uncommon for investigating authorities to resort to methods and solutions that go beyond the boundaries of their own legal practice. Our extradition team works with partner law firms in different parts of the world. You can rely on our team to exhaust all possibilities for your legal defense.
For international clients facing extradition proceedings, Interpol proceedings or other legal issues, our lawyers travel separately for personal meetings and also offer extensive communication facilities. With its equally competent and committed team of lawyers, Schlun & Elseven is your reliable partner in dealing with the German legal system.
Practice Group: German Business Criminal Law
Practice Group:
German Business Criminal Law
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