International financial crime proceedings

There are also numerous partnerships, such as Europol and Interpol, which not only encourage the exchange of information but also coordinate joint criminal investigations. This has led to a significant increase in international financial criminal cases, including money laundering, VAT fraud and corruption. These cases are increasingly characterised by complex financial constructions that span multiple jurisdictions.

Hertoghs advocaten has extensive experience in assisting clients in such international financial criminal cases. Thanks to a broad international network and thorough knowledge of the relevant laws and regulations, we can effectively assist clients, regardless of the complexity or the jurisdictions involved.

European Public Prosecutor's Office (EPPO)

Since its founding in June 2021 the European Public Prosecutor’s Office (EPPO) has taken on a central role in the fight against cross-border fraud and corruption within the European Union. This supranational body focuses specifically on criminal offences that harm the financial interests of the EU, such as VAT fraud, corruption and money laundering.

The EPPO is increasingly involved in large-scale VAT fraud, such as VAT carousel fraud. This type of fraud causes billions in losses within the EU every year. The EPPO's powers make it possible to unravel complex, cross-border schemes and effectively prosecute those responsible. The EPPO focuses on cases with cross-border implications and a financial loss of at least 10 million euros.

In addition to VAT fraud, the EPPO also deals with violations of EU sanctions legislation. The EPPO's role is growing in a geopolitical context in which sanctions are becoming an increasingly important instrument. When companies or individuals violate sanctions legislation by, for example, exporting prohibited goods or manipulating frozen assets, the EPPO can investigate, prosecute and bring cases before the courts in the member states concerned.

The EPPO's broad powers, including the ability to seize assets and conduct investigations in multiple member states, make it a powerful body in the enforcement of EU legislation. However, these powers also require careful legal guidance. It is very important for those involved to know what rights they have and what defence options are available.

Our lawyers have extensive experience in cases involving the EPPO. We closely follow developments in the EPPO's powers and methods and have insight into how the EPPO approaches cases. This enables us to assist our clients effectively.

International legal assistance

International legal assistance plays a crucial role in criminal investigations with a cross-border component. Requests for legal assistance make it possible to gather evidence, question suspects or freeze assets, even when these are located in another country.

Dutch authorities regularly receive requests for legal assistance from foreign investigative authorities. This can range from searching business premises to seizing digital data or financial assets. At the same time, the Netherlands also makes requests for legal assistance to foreign countries, for example to hear witnesses or trace foreign assets.

The European Investigation Order (EOB) provides the framework for this. The EOB allows for investigative actions to be carried out within the EU in the short term. Although the EOB promotes the speed and effectiveness of cross-border investigations, the rights of those involved should be guaranteed. For example, a complaint can be filed with the court against seizures.

Asset sharing in confiscation procedures

An increasing trend in international legal assistance is asset sharing. This involves states distributing the proceeds of seizures or confiscation measures based on treaties. This is particularly relevant in money laundering cases, in which significant assets are often spread across multiple jurisdictions.

Expertise in international financial crime proceedings

Hertoghs advocaten has a unique combination of knowledge and experience in the field of national and international financial criminal cases. We specialise in complex financial fraud, money laundering cases, VAT carousel fraud and sanctions law. We also have an extensive international network at our disposal to enable us to quickly and effectively engage assistance from outside the borders of the Netherlands if necessary.

Our approach is aimed at protecting the rights of our clients, minimising risks and offering strategic solutions in complex situations. We are extremely well-informed about the powers of international organisations such as the EPPO and are familiar with the legal options for taking countermeasures or lodging objections.

Are you dealing with an international criminal investigation or a case involving the EPPO? Contact us for advice or legal assistance. We are ready to guide you and protect your interests.