Fields of Law.
The law firm of Dr. Velke advises in all areas of commercial and tax criminal law, and in selected cases also in core criminal law. It represents both private individuals and companies. In doing so, it is active in all procedural stages of criminal and administrative offence proceedings.
It goes without saying that she accompanies searches, assists witnesses or accused persons during interrogations and is involved in arrests. Contact with the various parties involved in the proceedings (public prosecutor's office, police, LKA, BKA, court, tax office, tax investigation office, criminal and administrative fine office, HZA and supervisory authorities) is part of her daily work.
Her strengths and references include advising board members, managing directors, business owners and health care professionals on criminal charges brought against them in connection with their professional practice, for example, for industrial accidents, tax evasion, corruption, embezzlement, medical malpractice or minimum wage undercutting.
In addition, Dr. Velke's law firm has proven expertise in advising companies on criminal tax law and administrative offences in the event of necessary tax corrections. Its other core competences include advising companies in connection with criminal charges against their employees.
Fields of Advice.
Commercial Criminal Law
Those involved in economic life are exposed to particular criminal law risks in their professional environment. Commercial criminal law covers all criminal provisions relating to business life, such as embezzlement, fraud, tax evasion, corruption, competition, insolvency or balance sheet offences. They require special knowledge of business life and have therefore led on the part of the public prosecutor's offices to the establishment of specialised departments for white collar crime and on the part of the courts to special competence of chambers of economic crime. In order to deal with the authorities on an equal footing, special expertise in this area is also required on the defence side. The law firm Dr. Velke specialised in white-collar crime law at an early stage. Already in 2007, Dr. Anouschka Velke was awarded the LL.M. for white collar crime by the University of Osnabrück. Since then she has been advising her clients in all areas of white-collar crime law and stages of criminal proceedings.
Self-disclosure advice
If the taxpayer notices that he has submitted an incorrect tax declaration, there is the possibility to correct it subsequently. If the false information was intentionally made in advance, a self-disclosure can help avoid a criminal sanction for tax evasion. Since certain conditions must be met for effective exemption from punishment, it is crucial to have the self-disclosure-letter prepared by an expert. As head of the practice group for commercial and fiscal criminal law at the Frankfurt office of PwC Legal, Dr Anouschka Velke has regularly dealt with the submission of self-disclosure since 2011. The law firm Dr. Velke therefore has many years of expertise in the field of seld- disclosure advice.
Labour Criminal Law
The Dr. Velke law firm regularly advises employers on how to avert criminal charges in connection with their employer obligations. The main case of application is the accusation of withholding or misappropriation of social security contributions, which can arise in the (imputed) employment of bogus self-employed persons or so-called undeclared work and automatically entails the further accusation of wage tax evasion. Illegal hiring of workers or the violation of minimum wage requirements also falls within this area, as does compliance with health and safety regulations in the event of industrial accidents.
Criminal Law on Corruption
Criminal law on corruption has become increasingly important in recent decades. Whereas it was considered a courtesy to extend expensive invitations or give exquisite gifts to business partners, the understanding of permissible benefits has changed in the course of the increasingly consolidated jurisdiction. Particularly in the area of professional contacts with public officials but also in the private sector, accusations of bribery can quickly arise, making an effective defence by experts such as the law firm Dr. Velke necessary.
Banking & Capital Market Criminal Law
In the course of the financial crisis, public prosecutors have conducted widespread and publicly known proceedings against the banking and financial services sector. Hardly any institution was spared from criminal investigations. The main focus was on allegations of embezzlement through unsecured lending or tax evasion (cum-ex, Co2 certificate trading, aiding and abetting customer tax evasion), but market manipulation, insider trading, incorrect balance sheet presentation or money laundering were also investigated. The financial sector is still under investigation by the public prosecutor. During the financial crisis, the law firm Dr. Velke has already accompanied various board members and employees of well-known institutions and continues to do so today. The law firm can draw on many years of expertise for you.
Internal Investigation
Internal Investigation is the term used to describe the internal investigation of suspicious business matters. The aim of the investigation is to provide the company with clarity as to whether legal provisions have been violated and whether criminal offences or administrative offences have been committed by management or employees. The investigation enables the company to identify the responsible actors and the mode operandi and to adapt the compliance processes in a future-oriented manner to avoid comparable violations. Should extensive material need to be sifted through in the course of an internal investigation, Dr. Velke's law firm can call on experienced colleagues and thus ensure that the relevant documents and data are quickly examined.
Witness assistance
If the public prosecutor's office investigates criminal charges, it conducts evidence collection for clarification. In addition to the evaluation of documents and data, witnesses are regularly questioned. As a witness, one is basically obliged to testify and may not evade the examination of witnesses without good reason. However, as a witness is usually unfamiliar and stressful, he may be advised by a lawyer about his rights (in particular the right to testify and the right to refuse to give information) and obligations (in particular the duty to tell the truth) and be accompanied to the hearing. It is therefore advisable to call in a witness counsellor at every hearing. The law firm Dr. Velke has already accompanied numerous witnesses as witness counsellors and in this respect can draw on many years of experience in advising its clients.
Corporate Criminal Law
In recent years, companies have increasingly come under the focus of the legislator. Even though they cannot yet be punished as institutions, regulatory offences and criminal law already provides for considerable sanctions against companies. They are subject to increased requirements to prevent the commission of crimes and administrative offences by their managers and employees within the company if they do not want to become the subject of asset recovery measures (confiscation) and heavy fines. Dr. Velke's law firm has many years of experience in providing preventive advice to companies and supports them in the event of proceedings being initiated.
Criminal Tax Law
Tax legislation is becoming increasingly complex. The accusation of tax evasion or frivolous tax reduction is quickly raised. The linking of the criminal offence with special tax law is characteristic of criminal tax law and therefore requires special expertise in tax law. This often requires the involvement of a tax advisor. For many years, the law firm Dr. Velke has represented affected companies and private individuals in criminal tax and administrative offence proceedings and also advises them on how to avoid similar accusations in the future.
Medical Criminal Law
Health professionals are exposed to particular criminal law risks. In the billing area, allegations of fraud, embezzlement or corruption may arise. In the treatment of patients, treatment errors can be assumed, which can lead to proceedings for unlawful imprisonment, negligent bodily harm or even negligent killing. Since such allegations can always affect the license to practice medicine, it is particularly important to take such allegations seriously and to seek expert advice. The law firm Dr. Velke has many years of experience in the field of medical criminal law and can provide you with competent support in this area.
Customs and Foreign Trade Criminal Law
It is not uncommon for (usually unnoticed) violations of customs or foreign trade law to occur within exporting companies. Due to the constant changes in the world political situation and the resulting need for adjustments in foreign trade policy, foreign trade law is subject to frequent changes which are quickly overlooked and can lead to criminal or fine proceedings. Dr. Velke's law firm has already advised and successfully represented companies and their employees in this area on several occasions.
Building Criminal Law
Numerous problems can arise in connection with the planning, construction, modification and demolition of buildings, which can result in criminal or fine law accusations (dangerous construction practices, negligent bodily harm or negligent killing, environmental violations, illegal employment, under-wage earning, illegal hiring of workers) against those involved in the construction industry. The defence of allegations under building criminal law is usually complex due to the assessment of facts under building criminal law and requires the ability to understand construction-related issues. The law firm Dr. Velke has many years of experience in this field and can competently advise and defend you.
Environmental Criminal Law
Environmental criminal charges are usually directed against companies. Although they have been rather rare in recent years, they are no less significant. Water, air and soil pollution or the unauthorised operation of facilities are defined as criminal offences that can be committed through negligence and can result in correspondingly severe sanctions. Due to the administrative accessoriness, the defence in criminal proceedings relating to environmental offences presupposes knowledge of the relevant administrative obligations. Dr. Velke's law firm has many years of expertise in this area and can effectively defend you against the charges brought.
Criminal Confiscation and Asset Recovery
In recent years, the area of asset recovery in criminal proceedings has become increasingly important. Whereas the protection of assets of accused persons and third parties was then still at the discretion of the prosecution authorities, the public prosecutor's office is now obliged to take asset recovery measures since the law was tightened in summer 2017. Economic criminal proceedings often involve large amounts of money. The skimming measures, which are only described as provisional, can already be considerable in preliminary proceedings, in which the guilt is by no means established and the presumption of innocence has constitutional status. This often has irreparable consequences. The law firm Dr. Velke has specialised in the field of asset absorption at an early stage and has been giving lectures and colleague trainings in this field for years. The prevention of irreparable consequences right at the beginning of the investigation procedure and the corresponding communication with the criminal prosecution authorities has top priority.