For many years, our criminal law practice has had a strong focus on violations of the German Securities Trading Act (WpHG) and the European Market Abuse Regulation (MAR). We advise and defend clients in criminal investigations concerning market manipulation and insider trading, as well as in matters involving violations of disclosure and transparency requirements (e.g. ad hoc disclosures, directors’ dealings, voting rights notifications). In addition to acting as defence counsel in criminal and administrative offence proceedings, we are frequently instructed to provide background counselling, for example as legal experts or as advisors to companies and their executive bodies.

Building on many years of specialisation, we draw on extensive experience from numerous high-profile matters. In one of the first cases conducted under the Market Abuse Regulation, we successfully defended our client against allegations of market manipulation under the felony qualification pursuant to Section 119 (5) No. 2 of the German Securities Trading Act. In one of the most significant insider trading cases of recent years, we likewise achieved a remarkable result for our client.

Capital markets criminal proceedings are becoming increasingly complex as substantive market abuse law continues to evolve at the European level. We share our practical expertise through regular publications in legal journals and through lectures for the specialist legal community. Highlights from recent years include Dr Thomas Richter’s monograph on criminal liability for market manipulation under the European market abuse regime, an empirical study on BaFin’s fining practice, and a regularly updated survey article on current developments in capital markets and financial criminal law in a specialised law journal (NZWiSt).

Dr Thomas Richter regularly advises and defends clients in money laundering matters. His practice covers not only alleged offences under Section 261 of the German Criminal Code (StGB), but also the representation of lawyers in supervisory proceedings under anti-money-laundering rules conducted by regional bar associations. As a co-author of one of the leading commentaries on the Money Laundering Act (GwG), Dr Thomas Richter complements his practical experience with a strong academic foundation.

In the area of banking criminal law, we defend clients in matters involving regulatory breaches of the German Banking Act (KWG), the German Investment Code (KAGB) and other supervisory legislation. This includes allegations of unauthorised business operations, prohibited banking and financial services, and breaches of reporting and organisational duties. We also advise on and defend against criminal risks arising from lending decisions, which may give rise to allegations of breach of trust or fraud. Our clients include both managers and institutions.

Our expertise is also reflected in regular specialist publications. For over ten years, Dr Thomas Richter has been a contributor for the commentary on Sections 339 et seq. KAGB in one of the leading commentaries on the German Investment Code, which is soon to be published in an updated third edition. He has also authored the commentary on Sections 63 et seq. ZAG in a commentary on the German Payment Services Supervision Act.

German criminal tax law is diverse. In recent years, we have acted in criminal tax investigations relating to cum-ex and cum-cum matters, as well as in proceedings involving allegations of evasion of income tax, corporation tax, gift tax or VAT. Our long-standing and broad experience in such matters is reflected in the careful and prudent advice we provide.

Employment-related criminal law primarily concerns allegations against individuals with responsibility on the employer side. This includes the withholding and misappropriation of wages, incorrect social security contributions and bogus self-employment. Criminal offences under the Works Constitution Act (in particular Section 119) also regularly form part of our practice.

Our expertise in this area is also reflected academically. For many years, Dr Thomas Richter has been a co-author of the chapter on “Compliance” in the “Formularbuch Arbeitsrecht” (Templates on Labour Law). In addition, he has been a regular contributor of overviews of current specialist articles on employment-related criminal law in the legal journal wistra for over ten years.

We are regularly instructed in insolvency-related criminal proceedings. Following the opening of insolvency proceedings, the public prosecutor’s office routinely examines whether the insolvency petition was filed within the statutory deadline. Late filing may entail criminal liability under Section 15a (4) and (5) of the German Insolvency Code. Other insolvency offences frequently relevant in practice include Sections 283 et seq. of the German Criminal Code.

In these sensitive matters, our clients benefit from our in-depth expertise in insolvency criminal law and our precise analysis of the underlying economic context. Our practical experience is also supported by specialist publications: for many years, Dr Thomas Richter has authored the commentary on the special provision in Section 339 (2) of the German Investment Code, which makes it a criminal offence for managers to fail to notify BaFin without undue delay of insolvency, over-indebtedness or imminent insolvency, including the submission of meaningful supporting documentation.

The core of accounting-related criminal law includes the misrepresentation of economic circumstances, breaches of reporting duties and balance sheet fraud. Under today’s economic and regulatory conditions, compliance with accounting requirements has become significantly more demanding. At the same time, accounting decisions are increasingly subject to criminal scrutiny. As a result, accounting-related criminal law has gained in importance. In recent years, Dr Thomas Richter has successfully defended several former board members in some of the most extensive accounting-related criminal proceedings to date.

Competition-related criminal law protects free and fair competition against undue influence and includes, among other matters, the misappropriation of trade secrets, criminal advertising, breaches of confidentiality, antitrust infringements and corruption offences. Dr Thomas Richter has also published in this field, including through a specialist contribution to the handbook “Antikorruptions-Compliance”.

Environmental criminal law is governed by Sections 324 et seq. of the German Criminal Code as well as numerous ancillary statutes. Investigations may arise, for example, in connection with the unauthorised operation of facilities or the contamination of water, soil or air, particularly following damaging events. Given their subject matter and close links to administrative law, environmental criminal proceedings are technically and regulatorily demanding and require precise criminal-law analysis in conjunction with environmental law requirements.

In proceedings concerning criminal liability for design defects, as well as issues of product compliance and technical compliance, we support our clients with legal expertise and a particular focus on the relevant technical background and details.

Fraud, breach of trust and misappropriation are among the classic white-collar risks faced by both companies and individuals. The risk of prosecution has increased, not least due to the establishment of specialised public prosecutor’s offices for economic crime. Recent developments show that white-collar proceedings are pursued with meticulous attention to detail by the prosecution authorities, irrespective of their scale.

In the healthcare sector, treatment errors (fatal and non-fatal) or a lack of patient consent may trigger criminal investigations. This can affect both hospital staff and doctors in private practice. On the economic side, allegations of billing fraud are a recurring focus. In medical criminal proceedings, we ensure careful and precise representation of our clients.

Criminal allegations in connection with industrial accidents typically involve negligence offences (negligent homicide, negligent bodily injury) as well as questions of organisational fault and breaches of supervisory duties. In these complex matters, our clients benefit from our ability to reconstruct operational processes and existing safety and organisational structures with precision and care.

We also regularly act in selected areas of general criminal law, including offences against physical integrity, road traffic offences, property offences and offences relating to testimony. We defend our clients effectively, with the aim of resolving proceedings as discreetly as possible.