Regulators prosecute sharply — your business deserves a sharp defence
An inspection that leads to an official report, a fine that becomes a criminal case: economic criminal law often catches entrepreneurs and directors off guard. We assist both the business and the director.
The scope of the WED
The Economic Offences Act (WED) covers breaches of numerous rules: environment, working conditions, food safety, competition and financial supervision. Regulators such as the NVWA, the ILT and the Netherlands Labour Authority investigate actively.
Both the legal entity and the de facto manager can be prosecuted. Who is responsible for what is often precisely the heart of the dispute.
From administrative supervision to criminal law
The transition from an inspection or administrative fine to a criminal case is not always visible. From the moment you are a suspect, different rights apply — including the right to remain silent.
We monitor that transition, assist with access to the file and interviews, and limit the consequences for the continuity of the business.
Environmental and occupational-safety criminal law
Breaches of environmental permits, waste rules or working conditions are often prosecuted via the WED, particularly after an incident or accident in the workplace.
We test whether the norm was actually breached, whether the measurement is correct and whether the offence can be attributed to you or to the business.
Financial supervision: AFM and DNB
Cases involving the Wft, market abuse, anti-money-laundering supervision (Wwft) or providing services without a licence have their own dynamic, in which administrative law and criminal law meet.
We know that interplay and prevent you from unwittingly supplying evidence against yourself in the supervisory process.
Legal entity and de facto manager
The OM often prosecutes the business and the manager at the same time. De facto management, however, requires that you knew of the prohibited conduct and had the possibility and the occasion to intervene.
We separate the positions and specifically defend whoever was genuinely responsible.
Dismissal, settlement and continuity
In economic criminal law a dismissal, settlement or disposal without a public hearing is often possible. That can prevent reputational damage and disruption of business operations.
We seek dialogue with the prosecutor early and keep permits, reputation and ongoing activities in view.
When to call us
- A regulator has carried out an inspection or drawn up an official report
- Your business or you as director is designated as a suspect
- There is an order subject to a penalty or a fine that is being pursued criminally
- There has been a raid or data demand at the business
- An incident or accident in the workplace is involved
- You have received a summons or a settlement proposal
Frequently asked questions
Is the business prosecuted or me personally?
Both are possible. Alongside the legal entity, the de facto manager can be prosecuted. We separate the positions and specifically defend whoever was genuinely responsible.
When do I go from being inspected to being a suspect?
As soon as there is a reasonable suspicion of an offence. From that moment you have the right to remain silent and to assistance. We monitor that shift closely.
Must I cooperate with the regulator?
There are cooperation duties in supervision, but these clash with your right to remain silent once you are a suspect. We determine case by case what you are and are not obliged to do.
What does this mean for business operations?
We also direct the defence towards continuity: reputation, permits and ongoing activities. Acting early limits the damage.
What exactly is de facto management?
That you knew of the prohibited conduct and had the possibility and occasion to intervene, but failed to do so. If that is lacking, we contest your personal liability.
Can an administrative fine and a criminal case go together?
The una via principle prohibits double punishment for the same offence. We ensure that you are not pursued twice for the same matter.
Can the case be disposed of without a public hearing?
Often yes, via a settlement or dismissal. Where possible we steer towards a discreet disposal to limit reputational damage.
Does this affect my position as director?
For serious offences a director disqualification may be threatened and your reputation suffers. We mount an independent defence against that alongside the criminal case.