White-collar crime in Poland

About

White-collar crime, or economic crime, is a crime committed by participants in business transactions, usually by people in senior or middle positions in companies, or skilled professionals in a particular industry. With the development of modern technology and the growth of financial markets, white-collar crime is taking on special significance, as acts that threaten the national and international economy.

The most common economic crimes in Poland and around the world include mismanagement crimes, tax fraud, money laundering, corruption and bribery. These crimes strike at the interest of the state budget, as well as often at the interest of the private sector, and the modus operandi of the perpetrators itself predominantly assumes an organized character and focuses on the use of their influence and contacts. Significantly, due to the high financial, professional and social standing of the perpetrators, providing effective camouflage for their illegal activities, white-collar crimes are difficult to detect.

Statistics in recent years clearly show an increase in economic crime, and consequently, law enforcement activity in this area is also increasing. In previous years, economic crime proceedings accounted for about 30% of total proceedings conducted by the Police in Poland. Today, however, these rates have increased significantly. Detention on remand is being used more and more often when white-collar crime is committed. The courts in Poland, in as many as more than 90% of cases in which the prosecutor’s office applies for detention on remand, agree to its use.

Our experts handle cases of crimes related to tax, business and economic areas, including causing significant property damage, abuse of power or failure to perform a duty. Cases of this type are characterized by high social and state harm. In our work, we combine our knowledge of criminal and commercial law and use a thorough knowledge of the regulations on tax, business and economic aspects. We take measures to safeguard our clients’ interests while ensuring strict confidentiality.

We offer the following white-collar crime services:

proactive support to businesses, institutions and individuals in crisis situations, suspected of committing crimes against property or business transactions;
legal assistance in emergency situations, such as arrest, search, interrogation, presentation of charges or detention on remand;
legal support for persons facing liability under the Banking Law, the Law on Trading in Financial Instruments, the Law on Public Offerings, the Law on Investment Funds and under other Polish and international laws;
representation of clients at all stages of the case, both at the preparatory stage and before the court;
advising entities suspected or accused of tax, fiscal or economic crimes;
representation of entities victimized by white-collar crime.

Our offer is addressed to:

members of boards of directors and supervisory boards and executives of commercial companies;
persons suspected or accused of white-collar crime;
state and local government officials;
entities harmed by economic crime.

White-collar crime Summary

Examples of white-collar crime:

White-collar crimes embrace different types of corporate crime including:

wage theft
fraud
bribery
Ponzi schemes (and other types of fraud scheme)
insider trading
labor racketeering
embezzlement
money laundering
cybercrime
intellectual property crimes
securities fraud
embezzlement
copyright
corporation crime
counterfeit
identity theft
trade secrets
insider trading and other related to financial transactions.

White-collar crime is a nonviolent crime of deceit or concealment to obtain or avoid losing money or to gain a personal or business advantage. It is often committed in a form of organized crime.

The white-collar criminals are middle-class individuals, often of high social status, for financial gains.

White collar crime was first defined by the sociologist Edwin Sutherland in 1939, who described it as „a crime committed by a person of respectability and high social status in the course of their occupation”.

One of the most common white-collar crime is money laundering. This is an illegal activity that makes large amounts of money generated by criminal activity, such as drug trafficking or terrorist funding, appear to have come from a legitimate source. The money from the criminal activity is considered dirty, and the process “launders” makes it look clean.

White collar crime: consequences

None of the financial crime is victimless. This type of criminal activity occurs in corporate or government institutions incurs a significant financial loss to investors and can damage the economy and investor confidence.

White collar crimes lead to financial losses, increased costs for consumers, job losses, and reduced trust in institutions. Regulatory and enforcement agencies which enforce laws, conduct investigations, conduct criminal investigations and implement measures to prevent and punish white collar crimes play role in preventing crimes committed by criminal organizations as well as individuals.

Protect Your Business from White-collar crime with Expert Support

Our team is ready to provide the strategic guidance and robust legal solutions you need to prevent white-collar crime and respond effectively to any risks. By partnering with us, you can strengthen your compliance, safeguard your operations, and build a solid foundation of trust with investors and business partners.

Don’t leave your company’s future to chance. Contact us today to discuss how we can support your business with tailored solutions that prioritize security, stability, and growth.

Any questions?

Paweł Gołębiewski

Attorney-at-law, Head of International Criminal Law Practice

contact@kkz.com.pl

+48 509 211 000

Case study

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Maciej Zaborowski

Advocate, Managing Partner

Paweł Gołębiewski

Attorney-at-law, Head of International Criminal Law Practice

FAQ

What is white-collar crime under Polish law?

White-collar crime refers to non-violent offenses committed in business or professional settings, usually involving deception or breach of trust for financial gain. While Polish law does not define “white-collar crime” as a separate category, it covers such offenses through various statutes related to economic and financial crimes. Common examples include fraud, tax evasion, money laundering, corruption, embezzlement, insider trading, and mismanagement. These crimes often involve complex schemes and paper trails designed to mask illegal activity.

Who typically commits white-collar crimes in Poland?

Offenders are often individuals in managerial, executive, or professional roles within companies or institutions. This includes business owners, senior managers, financial officers, accountants, auditors, and other specialists such as lawyers or consultants who abuse their position or manipulate financial data for personal or corporate benefit.

How common are white-collar crimes in Poland?

Prosecutions related to white-collar crime have been increasing steadily. Recent statistics indicate that approximately 30% of all reported crimes in Poland are business-related offenses. Law enforcement agencies have enhanced their capacity to investigate these crimes, with economic crime units focusing on uncovering sophisticated financial frauds and regulatory breaches.

What are the potential penalties for white-collar crimes in Poland?

Penalties vary depending on the severity of the offense but can be severe, including:

Imprisonment ranging from a few months to up to 25 years in the most serious cases, such as large-scale fraud or corruption.
Significant fines imposed on both individuals and corporate bodies, sometimes reaching millions of złoty. For companies, fines can be up to 3% of the annual revenue.
Bans on holding managerial or supervisory positions and restrictions on conducting certain business activities for periods from 1 to 15 years.
Additional sanctions may include confiscation of property, publication of judgments, and reputational damage.

What legal protections exist for individuals under investigation for white-collar crimes?

Despite the seriousness of white-collar prosecutions, defendants are protected by the presumption of innocence and have the right to legal counsel at all stages. They can challenge evidence, seek translation services if foreign nationals, and appeal procedural decisions. Early legal intervention is critical to safeguard rights and shape the defense strategy effectively.

What risks does white-collar crime pose to businesses and individuals?

Beyond criminal penalties, white-collar crime can severely damage a company’s reputation, financial stability, and operational capacity. For individuals, allegations can lead to personal liability, including imprisonment, fines, and loss of professional standing. Foreign business owners and expatriates face additional risks due to unfamiliarity with complex Polish regulatory compliance requirements.

How does Poland’s approach to prosecuting white-collar crime compare internationally?

Poland adopts a balanced approach, somewhat between the aggressive prosecution style in the U.S. and the more restrained models found in parts of Western Europe. Authorities have strengthened investigative techniques and promote cooperation with international legal bodies, particularly within the EU framework, enhancing cross-border enforcement efforts.

What is corporate criminal liability in Poland related to white-collar crime?

Since 2003, Polish law recognizes criminal liability of collective entities like companies. Firms can be held responsible and fined for offenses committed by their representatives. Liability extends to a broad range of companies and entities, including partnerships, corporations, cooperatives, and foundations. Corporate sanctions can be substantial, with fines potentially linked to company revenues and additional restrictions impacting business operations.

How can companies prevent and manage risks associated with white-collar crime?

Implementing strong criminal compliance programs is essential. This includes risk assessments, internal policies against fraud and corruption, employee training, whistleblowing systems, and periodic audits. Proactive measures can mitigate risks, demonstrate corporate responsibility, and potentially reduce penalties if violations occur.

What role do legal experts play in white-collar crime cases?

Experienced lawyers provide crucial support including:

Advising on compliance and preventive strategies.
Defending clients during investigations and trials.
Representing corporate entities and individual executives in criminal and administrative proceedings.
Assisting with cross-border legal issues and cooperation.
Managing crisis situations such as unexpected inspections or public exposure.