One of the specialist disciplines of the firm is the assistance of clients in a criminal (FIOD) case.
For the assessment of the case and the outlining of a litigation strategy it is not only important that the criminal aspects of a case are scrutinised. At least as important is to obtain clear insight into the underlying tax legislation. As to whether the position of the Public Prosecutor that a tax return was (deliberately) filled in incorrectly can be evidenced, is a question that must also be answered on the basis of the tax legislation. By far most of the attorneys-at-law at the firm (also) graduated in tax law and consequently have a headstart compared to attorneys-at-law from the regular criminal practice.
A FIOD case is usually associated with parallel tax proceedings and sometimes also even administrative fines. It goes without saying that it is of paramount importance that these proceedings are coordinated. It must be avoided that standpoints are being defended before the tax court that can have a negative impact on the outcome of the criminal case. Or vice versa. The attorneys-a-law at the firm can handle both the tax proceedings and the criminal cases. If this is not the preferred option then proper coordination with the relevant tax consultant is of utmost importance. Experience teaches that the attorneys-at-law of the firm are, due to their background, very well able to accomplish the said coordination in a smooth and constructive manner.
We prepare consultancy firms and businesses for an unexpected visit of the FIOD so that substance can be given to it in a diligent manner. We also prepare persons for a (potential) examination or interrogation at the FIOD. The examining or interrogating civil servants generally ‘understand’ their profession. They are very proficient in obtaining a statement. However, for most witnesses and suspects it is the first (and only) time that they need to deal with something like this. Proper preparation and establishment of the applicable statutory rights and obligations is then of crucial importance. It can be considered whether you want to make a substantive statement orally or, for instance, in writing and what the relevant consequences could be or that you first want to wait for the entire file with all investigative actions.
If so required, you can participate in an examination or interrogation training. We can assist you with this and we also bring the website www.verhoortraining.nl to your attention. If you have questions about this then it goes without saying that we are pleased to hear from you.
