Asset seizure in criminal proceedings
Crime must not be worthwhile – seizure of illegal profits
Criminal offenses can not only result in fines or imprisonment, but can also lead to the seizure of assets obtained as a result – not only from the perpetrator himself, but also from third parties and companies. Private individuals can be equally affected, and even the suspicion of a criminal offense can lead to serious impairments.
An ordered asset seizure simply means: The money or assets are confiscated by the state, if necessary also forcibly.
At H2W, we keep an eye on all the consequences of criminal proceedings and also defend you against the financial consequences of preliminary proceedings – before, during and after the trial.
Ability to act: Defense against asset seizure
During the investigation process, assets can already be “frozen” and infrastructure can be confiscated, which not infrequently paralyzes business operations and considerably restricts the financial scope of a business.
Since the reform of the law on asset seizure in 2017, the number of seizures has skyrocketed, as have the severely impairing interim measures in the preliminary investigation.
With the right tactics and expertise in the field of asset seizure, we often succeed in making you financially viable again and setting the course for a favorable decision by the court at an early stage.
Asset seizure from private individuals
The principle is: Crime shouldn’t be worthwhile. Therefore, the court orders the seizure of property that was acquired through the crime.
The court has a wide scope in determining the illegal origin of assets: Even if the origin of a specific criminal offense cannot be proven beyond doubt, but a criminal origin can be suspected, there is a risk of seizure.
The aim of our defense is always to keep the financial damage to you as low as possible.
Asset seizure from third parties and companies
Not only the perpetrator himself is threatened by a seizure order, but also third parties who – even unknowingly – have benefited from the crime. A typical scenario is the seizure of profits at the company if its employees have committed criminal offenses in the course of business.
It does not matter whether the recipient of the money knew about the illegal activities or not.
The transfer of illegally obtained things to other people does not protect against confiscation. Money or gifts that were bought with the results of a crime can also be withdrawn from the recipient without replacement.
We advise and defend those affected at every stage of the procedure.
Search and seizure
If illegal profits from criminal offenses are suspected, a search of business and private premises is to be expected (Section 102, 103 StPO), since documents on the business in question may be found there.
All documents that are considered to be of importance for the procedure are secured and confiscated by the police (Section 94, 98 StPO). Confiscated objects and documents are regularly withheld for the duration of the criminal proceedings, which in complex cases can take several years.
All of the company’s IT systems are regularly affected by the search, computers are confiscated or at least copied in a time-consuming process, and external servers are searched, which also hampers operations.
We advise you preventively on rules of conduct in the event of a search and are available at short notice as a contact in an emergency.