Bankruptcy, especially for large companies, often leads to the initiation of criminal law investigative proceedings against former board members due to charges of delay in filing for bankruptcy, bankruptcy offenses in accordance with Section 283 ff. of the German Criminal Code, and fraud. Moreover, the findings of bankruptcy administrators often result in suspicion of further commercial crimes supposedly committed prior to the bankruptcy.
We often take on defense clients in criminal bankruptcy cases (currently the trials known in the press directed against the former responsible parties of the chain of law firms juraxx and the Teldafax group).
We also advise companies and their board members in critical situations about the possibilities of action in accordance with criminal law and administrators in bankruptcy proceedings regarding the possibility of filing charges, also in conjunction with the intended enforcement of civil law claims in accordance with Section 823 Subsection 2 of the German Civil Code along with the relevant facts of the criminal case.