Asset recovery

At a time when the tax system is becoming increasingly complicated and economic crises regularly shake the markets, white-collar crimes are being committed with increasing frequency. More economic crimes mean more entities victimized by them, which are increasingly becoming legal entities. White-collar crimes destabilize the operation of companies and the economy, and as a result they are being prosecuted with increasing ruthlessness. Criminal proceedings are carried out on a large scale and are capable of covering many states and dozens of entities. In this context, asset recovery takes on particular importance.

Although law enforcement activity is increasing in the case of white-collar crimes, victimized companies still have great difficulty recovering their assets. Police and prosecutors are often primarily interested in bringing the perpetrators to justice, and the recovery of the victim company’s assets recedes into the background. In fact, this applies not only to white-collar crime. Assets subject to recovery may also be lost as a result of theft, robbery or hacking.

Polish legislation allows for the execution of property security in cases where the court may order a fine, monetary performance, forfeiture, compensatory measure (surcharge, obligation to redress the damage) or an obligation to return to the victim or other authorized entity the financial benefit that the perpetrator has obtained from the committed crime. However, security alone does not yet mean that the wronged party will recover its assets. This consists of a number of procedural steps in criminal proceedings.

The role of the attorney is to use the available tools to secure the legal interest of the client. Successful asset recovery consists of securing property, being able to recover lost profits and belongings, and enforcing a restitution obligation. There are also extensive legal possibilities related to the search for the assets of offenders in Poland and abroad.

Our services include:

• legal counseling prior to the initiation of criminal proceedings – preparation of legal opinions and analyses and assistance in choosing the most effective way to recover assets;
• representation of the client as an aggrieved party in criminal and criminal-economic proceedings at the preparatory and judicial proceedings stage
• support in ongoing contacts with law enforcement agencies and the judiciary, including support on the subject of asset recovery;
• representation of the client in mediation proceedings with the perpetrator of the crime;
• representation of the client in enforcement proceedings against the perpetrator of the crime;
• legal assistance in the recovery of assets lost through crime;
• additional actions of a civil nature aimed at effective and prompt recovery of lost assets.

We provide assistance to:

• individual entrepreneurs;
• companies, associations and foundations;
• corporations and holding companies;
• individuals.