Distinction in Commercial Criminal Law “JUVE Handbook 2017/2018”

Prof. Dr. Michael TsambikakisIn the industry-leading Handbook (JUVE Handbook 2017/2018) Tsambikakis & Partner has been recommended in the field of Criminal Commercial Law (Advise of Companies). The firm is described as having “enormous impact” and a special “forte in the healthcare sector”. Tsambikakis & Partner is further described as “most specialised law firm in all of Germany” in Medical Criminal Law. Our “work for betting providers” is also positively mentioned.

Distinction in White Collar Crime Practice

Prof. Dr. Michael Tsambikakis

In the most important handbook for the industry (JUVE Handbook 2015/2016), attorney Dr Michael Tsambikakis was named twice and given its recommendation in the area of white collar crime practice (“adept, and a skilled behind the scenes player”, a brilliant negotiator“). Dr Michael Tsambikakis: “I am very honoured by this distinction; it applies to my entire team.”

Top Criminal Law Lawyers 2015 – (Focus – Germany’s Top Lawyers)

Our partner Dr Michael Tsambikakis was once again featured in the German weekly “Focus” as one of the top lawyers in Germany for 2015. The distinction is based on a survey of 18,168 fellow lawyers in the field, which Statista, a Hamburg based statistics company, evaluated exclusively for Focus. The results have been published in the Focus special edition of October/November 2015.

Interview with Prof Dr Michael Kubiciel

Tsambikaki14_Kubiciel_522_webProf Dr Michael Kubiciel, professor at the University of Cologne and Of Counsel at Tsambikakis & Partner, recently gave a comprehensive interview to the online journal ‘Legal Tribune’ on the proposal for combating corruption. It deals extensively with the proposal’s expected effects on the economy as well as with new liability risks for senior executives and public officials.

The interview can be found at http://www.lto.de/recht/hintergruende/h/gesetz-bekaempfung-korruption-wirtschaft-aerzte/

 

Our new Offices in the Rheinauhafen

kapsuedkaiOn 1 January 2015 we opened our new offices in the Cologne Rheinauhafen. The offices are located in the ‘KAP am Südkai’. The Südkai was the start of the restructuring of the Rheinauhafen, making it into an attractive new quarter located directly on the Rhine in close proximity to the city center. The building is subdivided into a ten storey tower with a roof garden that boasts a view of the Cologne Cathedral to the south side and an adjoining five-storey flat building with penthouse-type storeys. Lovers of architecture can learn more here.

“AnwaltKommentar StGB” Published

stgbkommentarThe book ‘AnwaltKommentar StGB’ (a commentary on the German Criminal Code) co-edited by Dr Michael Tsambikakis was published in its second edition in 2015. It outlines all of the major issues of the Criminal Code specifically tailored to the demands in practice. Not only will it offer criminal defense lawyers, criminal judges, prosecutors and police officials answers to all essential problems but it will also suggest proposed solutions.

Seminar: Current Problems of Medical and Commercial Criminal Law

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 On 30 and 31 January the Eberhard Karls University, Tübingen hosted a seminar on current problems in medical and commercial criminal law (‘Aktuelle Probleme des Medizin- und Wirtschaftsstrafrecht’) with Prof Dr Frank Saliger and Dr Michael Tsambikakis. The seminar was held in front of a packed audience.

Colloquium: The Prohibition of Bribery in Foreign Countries

auslandsbestechungOn 6 and 7 February 2015 an international and distinguished colloquium on the prohibition of bribery in foreign countries was held in Cologne. On 6 February Prof Dr Michael Kubiciel gave a talk on bribery in foreign countries and the protection of institutions (‘Auslandsbestechung und Institutionenschutz’).

Stricter Legal Regulations for Voluntary Disclosure of Tax Evasion to Avoid a Penalty as of 1 January 2015

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The law amending the Fiscal Code and its introductory act was published in the Federal Law Gazette on 30 December 2014 (BGBl. Part I, 2014, no. 63, page 2415) and thereby came into force on 1 January 2015. From now on the voluntary disclosure of tax evasion must fulfill the particularly complex and stricter requirements of section 371 of the Fiscal Code in its new version in order to lead to an exemption of punishment. The new legal situation will impose even higher demands on the professionalism of advisors for fiscal offenses, on the intensity and duration of the preparation and – especially – on the assets of the taxable individual who is willing to make a voluntary disclosure, prompting some to say that by complicating it and increasing its cost it has been de facto abolished. This view is probably exaggerated, but the ‘highlights’ of the ‘reform’ are clear: section 371 para. 1 requires a time period of (at least) ten years for a voluntary disclosure (instead of five years, as required previously). The time period for foreign capital gains to be increased by up to ten years (section 170 para. 6 of the new version), also making subsequent taxation extending back much farther than before a possible result of a voluntary disclosure. The provisions excluding voluntary disclosures (section 371 para. 2 of the Fiscal Code) will be extended to include many of the parties involved in tax offenses and will be structured in such a complex way by giving exceptions and counter-exceptions that only advisors qualified in criminal tax law will, after carefully assessing the facts of the individual case, be able to give reliable advice on as to whether a voluntary declaration still makes sense. Obviously for fiscal reasons a voluntary disclosure in ongoing tax audits shall be possible for time periods which are not part of the review. To a limited extent – only in the cases of the income and sales tax – the ‘partial voluntary disclosure’ by correcting income and sales tax registrations or annual returns, which to-date has not been permitted, is permitted once again (section 371 para. 2a). The targeted rise in cost of the voluntary declaration cannot be overlooked: the obligation to make back payments (section 371 para. 3) is now being extended – many years back – additionally including interest rates on evaded taxes of 6 per cent per annum. The co-payment obligations for serious cases of tax evasion (section 398a of the Fiscal Code) will significantly increase from 5 per cent starting from an evasion of 50,000 Euros to 10 per cent starting from 25,000 Euros, 15 per cent starting from 100,000 Euros and 20 per cent starting from 1,000,000 Euros worth of evasions.

If you are interested in more information on the new laws on voluntary disclosures of tax evasions you can read our comprehensive expert paper in the online journal ‘WiJ’ (Journal of the commercial law association) here:

http://www.wi-j.de/index.php/de/wij/aktuelle-ausgabe/item/293-selbstanzeige-30?-der-entwurf-des-bmf-eines-gesetzes-zur-änderung-der-abgabenordnung-vom-2782014-und-der-regierungsentwurf-vom-2492014

Despite all of this, voluntary disclosures will in many cases remain the best option to avoid criminal penalties in cases of past tax irregularities. However, the qualification of one’s advisors in criminal tax law will become even more important than before when it comes to taking the right decisions regarding ‘if’, ‘how’ and ‘when’.