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Expertise

International financial crime proceedings

Over recent years, Dutch and foreign investigative services and authorities have stepped up their cooperation in the field of financial crime. There are plenty of legal avenues for exchanging information at cross-border level and legislation facilitating this has been transposed into national law in various countries.

In addition, an increasing number of international partnerships has been created whereby the different investigative services and authorities effectively exchange relevant information. Due to this development, more and more financial fraud cases now have an international element to them. This is especially the case for money laundering cases.

European Public Prosecutor’s Office

The European Public Prosecutor’s Office (EPPO – link to page in Dutch) was launched in June 2021. It is responsible for investigating, prosecuting and bringing cases before the court which harm the interests of the EU. These include specific types of fraud and corruption, like VAT fraud (link to page in Dutch) involving more than € 10 million. The prevention of money laundering and corruption are priorities as well.

Our lawyers are familiar with all the ins and outs of the EPPO's activities and they would be more than happy to represent you if you are being investigated.

International legal assistance

If an investigation has an international element, investigative powers are typically based on a request for mutual legal assistance (MLA).

The Dutch authorities frequently lend their cooperation to MLAs from foreign government agencies which cover, for instance, requests to search a commercial property or seize certain data.

Conversely, the Dutch government also submits MLAs to foreign authorities from time to time, for instance, to collect information for a Dutch investigation, including having suspects or witnesses questioned, or having foreign bank assets or real estate located outside the Netherlands seized.

The European Investigation Order (EIO – link to publication on Vaklunch; page in Dutch) came into effect a number of years ago. An EIO can be used to authorise short-term investigative actions within the European Union. That said, any seizure of items or information under an EIO is open to a complaint that can be filed with a court.

Requests for legal assistance in confiscation proceedings are common as well. In this context, asset sharingis a concept that is gaining traction. Asset-sharing allows countries to share the proceeds of confiscation proceedings based on treaties.

Expertise in international financial crime proceedings

Our lawyers are thoroughly familiar with Dutch laws and regulations as well as international treaty provisions. They know which legal remedies are available to you, both in and outside the Netherlands. We also have an extensive global network, allowing us to seek direct and useful input from our colleagues outside the Netherlands when necessary.

 In a nutshell

Europees Openbaar Ministerie (EPPO)

International legal assistance

Onze expertise

 

Contact our specialists

A.A. (Anke) Feenstra

J.N. (Judith) de Boer

G.M. (Mariëlle) Boezelman

Knowledge articles on this topic (in Dutch)

Het Europees Openbaar Ministerie trekt ten strijde tegen grootschalige btw-fraude. BTW-bulletin 2022/13

Het huidige btw-systeem, dat is gebaseerd op de Europese Btw-richtlijn, blijkt keer op keer zeer fraudegevoelig. Vooralsnog hebben…

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