Best White Collar Crime Lawyers in Delft

About White Collar Crime Law in Delft, Netherlands

White collar crime refers to a range of non-violent offences that typically involve deception, misuse of position, or financial wrongdoing. In and around Delft these matters are handled under national Dutch criminal law and by national enforcement agencies that operate regionally. Common types include fraud, embezzlement, bribery and corruption, insider trading, money laundering, tax crimes and offences against financial supervision rules. Cases can involve individuals, company directors, employees, accountants or the legal entities themselves.

Investigations and prosecutions in Delft are carried out within the framework of the Dutch legal system - criminal investigations typically involve the police, specialised fiscal investigators and national services. Final decisions on charges and sentencing are made by the public prosecutor and by Dutch courts. Proceedings are conducted in Dutch, and procedural rules follow Dutch criminal procedure.

Why You May Need a Lawyer

White collar cases often turn on complex facts, technical evidence and regulatory rules. You may need a lawyer if any of the following apply:

- You are notified that you are under investigation, questioned by police, or called in by a fiscal investigator.

- You or your company receive a summons, an indictment or an offer of a settlement by the Public Prosecution Service.

- Authorities execute a search, seize documents or freeze bank accounts.

- You are a director or officer exposed to potential corporate liability or disqualification from management positions.

- The matter involves cross-border transfers, foreign evidence or multiple jurisdictions.

- You need to respond to regulatory enforcement by bodies such as the Netherlands Authority for the Financial Markets, the Tax Authority, or competition authorities.

A specialised lawyer helps protect your rights during questioning, assesses whether documents should be provided, advises on privilege and disclosure issues, seeks to limit damage to personal or business reputation and negotiates with prosecutors and regulators.

Local Laws Overview

Key legal frameworks and enforcement bodies relevant to white collar crime in Delft include:

- Dutch Criminal Code (Wetboek van Strafrecht): Contains provisions for fraud, embezzlement, bribery, corruption and other criminal offences.

- Dutch Code of Criminal Procedure (Wetboek van Strafvordering): Sets out investigation and trial procedures, rights during arrest and questioning, provisional measures and appeal routes.

- Financial Supervision Act (Wet op het financieel toezicht - Wft): Regulates financial markets, including insider trading and market manipulation rules enforced by the Netherlands Authority for the Financial Markets.

- Anti-Money Laundering Act (Wet ter voorkoming van witwassen en financieren van terrorisme - WWFT): Imposes reporting obligations, customer due diligence and record-keeping duties for many professions and institutions.

- Tax law and criminal tax enforcement: The Tax Authorities and the Fiscal Information and Investigation Service (FIOD) investigate and refer tax fraud and related offences.

- Administrative and corporate measures: Companies and professionals may face administrative sanctions, licence restrictions or civil actions in addition to criminal charges.

Enforcement in the Delft region is carried out by regional police units, FIOD for serious fiscal offences, the Openbaar Ministerie - the Public Prosecution Service - which handles prosecutions, and national regulators such as the AFM and ACM when financial market or competition issues arise. Cases are typically heard in the competent district court for the region, with appeals to higher courts as provided by law.

Frequently Asked Questions

What exactly counts as white collar crime in the Netherlands?

White collar crime generally covers non-violent offences that involve financial gain or abuse of position - for example fraud (oplichting), embezzlement (verduistering), bribery, corruption, insider trading, money laundering and serious tax offences. The criminal elements and legal consequences depend on the relevant articles in the Dutch Criminal Code and specialised legislation.

How do most investigations start?

Investigations may begin after a complaint by a victim, findings from a tax audit, regulatory surveillance, internal company whistleblowing, suspicious transaction reports under the WWFT, or as the result of other criminal investigations. Regulators and the Tax Authorities can also refer cases to the Public Prosecution Service.

What should I do if the police or FIOD contact me?

If authorities contact you for questioning or request documents, you have the right to legal assistance and the right to remain silent. It is sensible to contact a lawyer experienced in white collar crime before giving substantive statements. Your lawyer can help you understand your rights, advise on whether to cooperate and ensure procedural protections are respected.

Can a company be prosecuted or only individuals?

Both legal entities and individuals can be held liable. Companies may face fines, enforcement measures or restricted licences, while directors and officers can face personal criminal liability, fines, imprisonment, and disqualification from board positions if convicted of serious offences.

What penalties can someone face for white collar offences?

Penalties vary by offence and seriousness and may include fines, imprisonment, confiscation of the proceeds of crime, community service, and administrative sanctions like prohibition from management positions. Courts may also impose orders to recover assets or impose corporate fines.

Are there settlement options to avoid prosecution?

The Public Prosecution Service can sometimes resolve cases with an out-of-court settlement or a transaction - a payment or penalty to avoid prosecution - depending on the facts and public interest. Prosecutors may also decide to discontinue a case. A lawyer can negotiate and evaluate such offers.

How long does an investigation or prosecution take?

Timelines vary greatly. Investigations may take months or years, especially where financial records and international cooperation are needed. Court proceedings also have multiple stages, and appeals can extend the process. Statute-of-limitations rules - verjaring - depend on the offence concerned and affect how long prosecution may be pursued.

What if the case involves cross-border elements?

International elements - such as foreign bank accounts, transactions or suspects abroad - introduce extra complexity. Dutch authorities cooperate with foreign counterparts under mutual legal assistance agreements and EU instruments. Lawyers with experience in cross-border enforcement and international evidence gathering are important in these cases.

Can I get legal aid if I cannot afford a lawyer?

Yes. The Raad voor Rechtsbijstand administers subsidised legal assistance for criminal cases for qualifying persons. Eligibility depends on income, the seriousness of the case and other factors. The bar association and local law firms can advise on obtaining legal aid or on hourly fee arrangements.

Will speaking to investigators hurt my defence?

Providing statements without legal advice can carry risk because your words may be used in prosecution. You have the right to remain silent and to consult a lawyer before making a statement. In many cases, measured cooperation through counsel and controlled disclosure of documents yields a better outcome than unsupervised interviews.

Additional Resources

Below are institutions and resources that are relevant when dealing with white collar crime in Delft:

- Public Prosecution Service - Openbaar Ministerie (OM) - handles criminal prosecutions.

- Fiscal Information and Investigation Service - FIOD - specialises in serious fiscal and economic crimes.

- Netherlands Authority for the Financial Markets - AFM - supervises and enforces rules in financial markets.

- Tax Authorities - Belastingdienst - for tax investigations and civil tax enforcement.

- Anti-Money Laundering framework - WWFT-related reporting channels at relevant obliged entities.

- Dutch Bar Association - Nederlandse Orde van Advocaten - for finding qualified criminal defence lawyers.

- Legal Aid Board - Raad voor Rechtsbijstand - for information about subsidised legal assistance.

- District Court and Court of Appeal offices for the South Holland region - for procedural and filing information.

Next Steps

If you believe you are involved in or subject to a white collar investigation, consider these practical steps:

- Preserve records and evidence - do not delete emails, destroy documents or delete files. Intentionally destroying evidence can itself lead to criminal liability.

- Do not give substantive statements to investigators before getting legal advice. Ask for a lawyer and, if needed, a translator for Dutch-language proceedings.

- Contact a lawyer experienced in white collar crime - ideally one who has handled cases in the South Holland region or with the relevant regulators. If cost is an issue, ask about legal aid through the Raad voor Rechtsbijstand or fixed-fee arrangements.

- Keep a written log of contacts, requests and events - who contacted you, when, and what was requested.

- If you represent a company, notify senior management and consider involving compliance, external counsel and forensic accountants early to manage internal investigations and regulatory disclosures.

- Follow your lawyer's advice about cooperation, document production and public statements to preserve defence options and limit legal and reputational harm.

This guide is intended to provide general information about white collar crime in Delft and is not a substitute for personalised legal advice. For specific questions about your situation, consult a suitably qualified criminal defence lawyer or legal adviser.