Criminal (FIOD) cases
One of the specialist areas of our firm is assisting clients in a criminal (FIOD) case. The chance of success is to a substantial degree determined by the manner that a taxpayer handles his case at the start. At this stage advice and assistance by our lawyers are certainly not a luxury. After all, clients are usually first offenders who have not been questioned as a suspect before. It can also be noted that FIOD inspectors are extremely proficient and competent in questioning a suspect and are, in many instances, successful in obtaining a confession.
For the assessment of the case and the mapping out of a procedural strategy it is not only important to fathom the criminal aspects of a case. At least as important is to refer to the underlying tax legislation. Whether the position of the Public Prosecution Service that a tax return was (intentionally) completed incorrectly can be evidenced is a question that must also be answered on the basis of tax legislation. The majority of the lawyers of our firm graduated in tax law and therefore have a head start compared to lawyers from the regular criminal practice.
A FIOD case is usually associated with tax proceedings and sometimes also with administrative penalties. It is, of course, crucial that these proceedings are coordinated. It should be avoided that standpoints are defended before the tax court that may have a negative impact on the criminal case. The lawyers of our firm can handle both the tax proceedings and the criminal proceedings. If this is not the preferred option then proper coordination with the relevant tax consultant is of utmost importance. Experience teaches that the lawyers of our firm are, due to their background, very well able to accomplish the said coordination in a swift and constructive manner.
A suspected taxpayer who is unexpectedly confronted with the FIOD must often not just defend himself against the charge that returns were intentionally filed incorrectly. To an increasing degree the writ of summons includes offences like forgery of documents, participation in a criminal organisation, money laundering, and (non-) official bribery. In this area ample experience was also gained in the course of the years that can be relied on for an optimal defence of clients.
If you want to prepare for an unexpected visit, but in particular questioning, by the FIOD then you can follow a questioning training. In this respect we kindly refer you to the website www.verhoortraining.nl. We as well as (former) clients have very good experience with this. Should you have any questions about this then we are, of course, pleased to be of assistance.