PRACTICE AREA
Economics and Finance
Offences in industry and trade
The firm has assisted business owners and professionals in criminal proceedings – in particular for “Fraud in the Exercise of Trade”, “Sale of Industrial Products with Misleading Markings” and the “Manufacture and Trade of Goods Made by Usurping Industrial Property Rights” – in disputes concerning trademarks, patents and unfair competition.
Corporate crimes
The Firm has gained considerable experience in assisting directors and statutory auditors in proceedings, in particular, for “False Corporate Communications”, “Asset Inaccuracy”, “Corruption Amongst Private Individuals”, “Unlawful Influence on Shareholders’ Meetings”, “Market Rigging” and “Obstructing the Operation of Public Supervisory Authorities” such as Consob, the Bank of Italy or AGCM.
Bankruptcy offences
The Firm has extensive experience in assisting directors and managers of companies, business owners and professionals in proceedings, in particular, for “Bankruptcy Fraud”, “Reckless Bankruptcy”, both in relation to bankruptcy procedures and creditor composition agreements.
Financial and banking offences
The Firm has gained extensive experience in assisting companies issuing shares listed in regulated markets in Italy and other European countries, aiding directors and managers of the issuing companies, business owners and professionals in criminal proceedings, in particular, for “Abuse”, “Obstructing the Supervisory Functions of Consob”, “Abuse or Unlawful Communication of Privileged Information, Recommendations or Inducing Others to Commit Abuse regarding Privileged Information” or even “Market Manipulation”. Also worth mentioning is the assistance provided in proceedings against banks (Italian and foreign) concerning public purchases or offers of exchange (Take-over Bids), shareholders’ agreements, trading in derivatives and government securities, along with “Internal Fraud and Falsehoods”. In addition to defending criminal proceedings, the Firm – with the aid of external consultants – assists its exponents in providing information requested by the Bank of Italy and Consob as well as through cooperation with the same authorities, in order to carry out the relevant supervisory functions.
Tax offences
The Firm has gained extensive experience in assisting directors and managers of Italian and foreign companies, entrepreneurs and professionals in proceedings, in particular, for the crimes of “Fraudulent Declaration”, “Untrue Declarations”, “Failure to Declare”, “Issuance of Invoices or Other Documents for Non-Existent Transactions”, “Failure to Pay Withholding Taxes” and “Failure to Pay VAT”. Criminal charges have been brought against multinational companies, professionals and entrepreneurs, concerning national and international taxation, in regards to transfer pricing, permanent establishment and dual taxation transactions, also through cooperating with foreign law firms in dealings with the respective investigative and tax authorities (such as the Department of Justice and Internal Revenue Service) together with the Italian authorities. Assistance has been provided not only in judicial proceedings but also – with the help of external tax consultants – in procedures regarding conciliation, adherence to assessments and voluntary amnesty with taxation authorities, as a preventive measure against criminal charges.
