Proceedings on account of so-called cum/ex structures have kept the German prosecutions busy since several years. It is about highly complex fiscal criminal proceedings concerning tax refunds around the dividend record date that require the knowledge and understanding of the capital market. Meanwhile, the prosecutions in Cologne and Munich as well as the chief public prosecutor in Frankfurt are conducting investigations against accused from all over the world. These are bankers, consultants, traders and investors. The accused are charged with unjustified tax refunds running into billions. There is hardly any other current constellation of proceedings where personal (knowledge) attribution is of so much importance. In view of the potentially considerable sanctions – in the light of the partly sky-high tax losses – schematic thinking is particularly out of the question in this area.
We are one of a handful of specialized law firms from the [area of the] commercial and fiscal criminal law who have acted in these demanding proceedings virtually since the beginning of the investigations by the prosecutions in charge of this matter. We represent a large number of accused from all kinds of areas in the financial and consulting world. Here, we work on a cross-border basis and can draw on an international network of colleagues dealing with this matter.