Expertise

Economic crime

A criminal defence that also understands the accounting and tax issues in the file.

In a few words

Economic crime cases turn on accounting records, financial flows and tax returns.

Understanding them is essential to building a defence. David Agerba combines training in tax law and commercial accounting with criminal law practice.

Offences
Property offences, bribery, bankruptcy offences, criminal tax law.
Authorities
Cantonal or federal public prosecutor depending on the case, tax authorities.
Parallel proceedings
One matter can lead to criminal, tax and civil proceedings at the same time.

Our approach

Understanding the figures to defend

In economic crime cases, the charge rarely rests on witness evidence: it rests on accounting records, contracts and financial flows. We analyse these documents ourselves, to check what they really prove and to build a defence on facts.

For a business that has suffered loss, we reconstruct the facts, quantify the damage and file a documented complaint. Where possible, we request the seizure of assets to preserve the chances of recovering them.

In Neuchâtel, these cases are investigated by the Public Prosecutor’s Office. Complex cases with an intercantonal or international dimension may fall to the Office of the Attorney General of Switzerland. In tax matters, tax evasion is prosecuted by the tax authority, while tax fraud is a matter for the criminal courts.

Who for

Who we act for

For directors and companies under investigation

Criminal mismanagement, forgery, bankruptcy or tax offences: we build the defence by analysing the accounts and financial flows at issue.

  • Defence during the investigation
  • Accounting and tax analysis of the file
  • Searches and seizures
  • Tax consequences of the proceedings

For companies that have suffered loss

Embezzlement by an employee, fraud by a partner, bribery: we document the loss, file a complaint and seek to recover the assets.

  • Documenting the facts
  • Criminal complaint
  • Freezing of assets
  • Compensation for the loss

What we handle

How we can help

Property offences, corruption, bankruptcy offences, tax criminal law.

  1. 01Offences against property (theft, fraud, extortion and blackmail, usury, criminal mismanagement, handling stolen goods, breach of manufacturing or trade secrecy)
  2. 02Public and private corruption
  3. 03Bankruptcy offences (fraudulent bankruptcy and fraud in seizure, reduction of assets to the detriment of creditors, mismanagement, breach of the duty to keep accounts, undue preference of creditors, misappropriation of assets under official control)
  4. 04Tax criminal law

What is at stake

Three points specific to these cases

  1. 01

    Parallel proceedings

    The same matter can lead at the same time to a criminal investigation, a tax audit and a civil claim. What is said in one can be used in another: the strategy must be coordinated.

  2. 02

    Seizure

    Bank accounts and assets can be frozen from the start of an investigation, sometimes for long periods. The freeze can be challenged and its scope discussed, so that a business can keep operating.

  3. 03

    Corporate liability

    A company can itself be punished when an offence committed within it cannot be attributed to a specific person because of poor organisation, or when it failed to take the measures needed to prevent certain offences, such as bribery.

Law and tax

Tax criminal law, where both meet

Tax evasion, tax fraud, supplementary assessments: these cases require command of both criminal procedure and tax law. David Agerba’s training in tax law and commercial accounting applies directly here.

Get in touch

Tell us about your situation

A question, a dispute, a decision to challenge? Describe your situation in a few lines: we will reply by email or call you back, whichever you prefer.

+41 32 354 35 40

Monday to Friday, 8:00⁠–⁠12:00 and 14:00⁠–⁠17:30

Write to us

I would rather be contacted

Please do not send documents yet: this message does not create a mandate. Privacy

CallGet in touch