White-collar investigations require an early and determined defense that considers both the criminal allegation and the actual commercial context.
White-collar criminal law covers offenses connected with commercial activity or the professional and corporate responsibility of decision-makers. Those affected may include entrepreneurs, managing directors, board members, employees and others holding particular financial or managerial responsibility.
White-collar investigations often present particular challenges. Even if an investigation is later discontinued, the fact that criminal proceedings were initiated may have serious effects on a person’s reputation and therefore on their professional and personal future.
It is therefore necessary to address the criminal allegation as early and as consistently as possible. Attorney Hermanussen follows this approach in his white-collar practice and advises and defends clients in Hamburg and throughout Germany while taking account of the actual commercial context. A business decision often cannot be assessed meaningfully without understanding the economic and factual circumstances in which it was made.
Managing directors and board members must make decisions under uncertainty every day. Those decisions may prove economically disadvantageous. However, not every unsuccessful business decision is automatically a breach of duty, and not every breach of duty is necessarily a criminal offense.
Particularly in breach-of-trust cases, the question is whether a business decision caused a loss relevant under criminal law and whether the decision-maker breached their duties. The information available at the time, commercial forecasts, internal decision-making processes, responsibilities and scope for action are all important.
Attorney Hermanussen therefore does not consider the specific allegation in isolation, but places it within its actual commercial and factual context.
Allegations of breach of trust frequently concern managing directors, board members or others entrusted with financial responsibilities. The central issues are the specific breach of duty and any resulting financial loss.
Fraud allegations are often complex. Even if a mistaken disposal of assets can be established, it remains necessary to determine whether the mistake was deliberately caused by the accused. Such allegations also arise in civil disputes, where the distinction between a contractual failure to disclose and criminal deception is not always clear.
When a company enters financial difficulty, managing directors may face significant personal risks. Delayed filing for insolvency is particularly relevant. The company’s financial condition and when illiquidity or over-indebtedness occurred are decisive.
Bribery and corrupt practices in business may affect individual employees, executives and companies. Internal compliance structures and responsibilities often matter alongside the criminal-law assessment.
Tax investigations may be closely connected with white-collar matters. In addition to criminal liability, they may have substantial financial and commercial consequences.
White-collar criminal law also includes money laundering, subsidy fraud, withholding and misappropriation of employee contributions, and other commercially related offenses.
When does corporate responsibility become personal criminal liability?
The answer depends on the circumstances of the individual case. The specific allocation of duties and responsibilities, the information on which the decision was based, internal controls and the options actually available are particularly important.
This also applies in crisis situations. If a company’s financial position deteriorates, managing directors must make decisions under substantial time pressure that prosecutors may later assess from a different perspective. Effective defense reconstructs the situation from the perspective of the decision-maker at the time.
A search by public prosecutors and police is often the first directly visible step in white-collar proceedings. Business premises, private homes and vehicles may be searched, while documents and electronic devices may be secured or seized.
No hasty statement should be made concerning the allegations. At the same time, the rights of the company and the individuals concerned must be protected and the measures legally monitored. Attorney Hermanussen assists with searches in Hamburg and throughout Germany.
Important decisions are made during the investigation itself. Prosecutors collect evidence, interview witnesses and often review large volumes of business records and digital data.
Access to the investigation file is regularly a crucial step. Only once the facts and evidence supporting the suspicion are known can the defense reliably assess the prospects and decide how to proceed.
White-collar investigations may concern several levels at the same time. In addition to the personal criminal liability of a managing director or board member, the company and other employees may also be affected, potentially creating conflicting interests.
A defense strategy must take these interests into account and avoid the careless disclosure of information that may later be used against individuals. Early legal clarification of the respective roles and responsibilities is therefore particularly important.
The appropriate course of action always depends on the individual case and the current stage of the investigation.
Attorney Hermanussen advises and defends managing directors, board members, entrepreneurs and other decision-makers during investigations and subsequent criminal proceedings in Hamburg and throughout Germany. Seek advice at an early stage.
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