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Criminal law and anti-money laundering

Tiberghien’s criminal law team assists clients when tax, economic or financial matters take on a criminal dimension. In a context of intensified audits, increased focus on the fight against fraud and close cooperation between administrations, the judiciary and European authorities, companies, company directors and individuals are increasingly confronted with criminal risks.

In such cases, administrative and criminal proceedings often run in parallel and influence one another. The criminal law team assists clients from the first contact with the authorities through to the conclusion of the investigation or proceedings, both when they are suspected of criminal offences and when they are victims of fraud. We act both preventively, in assessing and managing criminal risks (for example in the context of applying “Know Your Customer” (KYC) rules, estate planning and transactions), and defensively, during searches, interviews, seizures, negotiations with a view to settlements and assistance in court proceedings.

We work discreetly, strategically and internationally, with particular attention to our clients’ interests and reputation.

Our lawyers combine in-depth knowledge of criminal law and criminal procedure with solid expertise in tax law, economic law and corporate law, including in the following areas.

  1. Tax criminal law

  • Preventive anti-money laundering legislation (KYC, “Know Your Customer” rules)
  • Reports to the Financial Intelligence Processing Unit (CTIF-CFI)
  • Tax regularisations
  • Criminal investigations and prosecutions for tax fraud, with assistance both in the criminal proceedings and in the independent civil action or separate investigation conducted by the tax administrations
  • Personal income tax fraud;
  • Corporate income tax fraud;
  • Customs and excise fraud (with particular expertise in EPPO investigations)
  • VAT fraud (with particular expertise in EPPO investigations).

 

  1. Money laundering offences and economic and financial criminal law

  • Money laundering
  • Misappropriation of company assets
  • Breach of trust
  • Bankruptcy offences
  • Fraud
  • Forgery
  • Breach of a professional disqualification
  1. Social criminal law

  • Assistance during audits and visits by the social inspection services
  • Negotiations with the Prosecutor’s Office specialised in labour matters (Arbeidsauditoriaten/Auditorats du travail)
  • Assistance with the administrative enforcement of offences
  • Assistance in criminal proceedings and prosecutions brought by the Prosecutor’s Office specialised in labour matters (Arbeidsauditoriaten/Auditorats du travail)
  1. Financial and insurance criminal law

  • Breaches of financial legislation
  • Breaches of information and due diligence obligations
  • Guidance and defence in supervisory investigations conducted by the Financial Services and Markets Authority (FSMA), including assistance during FSMA interviews
  • Consultation with the FSMA regarding measures and sanctions
  • Representation in administrative sanction proceedings conducted by the FSMA
  1. Cybercrime

  • Assistance to victims of phishing, invoice fraud and CEO impersonation fraud
  • Criminal defence and, where appropriate, civil law assistance.
  1. Transactions and restructurings

  • Analysis of criminal risks and tax audits in the context of mergers and acquisitions and restructurings

Contact

Gerd D. Goyvaerts

Gerd D. Goyvaerts

Partner
Brussels, Antwerp
Christophe Dillen

Christophe Dillen

Partner
Antwerp
Vincent Vercauteren

Vincent Vercauteren

Partner
Antwerp
Ana Laura Claes

Ana Laura Claes

Senior Associate
Antwerp
Mariëlle Ruell

Mariëlle Ruell

Senior Associate
Antwerp
Tiberghien Brussels

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