Criminal Bankryptcy is one of the most undermining crimes of a legal economy. So detecting and investigating criminal bankruptcies is contributing to a saver economic system
2. Curriculum Vitae
Detective Commissioner – Law Enforcement
30 years of experience, in the fight against
financial and economic crime
Author of several books regarding financial and
economic crime in Dutch, French and English
Vademecum Financial Investigation (NL + FR)
Criminal Bankruptcy (NL + FR)
Criminal Insolvency (NL + FR)
Theft of Inheritance Goods (NL + FR)
Tax Fraud (NL + FR)
Documentary Fraud (NL + FR)
Embezzlement and Misuse of Trust (NL + FR)
Money Laundering and Financing of Terrorism
(NL - 3e ed. – FR – 2d ed.)
Tax Fraud in Belgium (EN)
3. 3
• LEGISLATION of EU Member States relating to CrimBank
• WHAT IS CrimBank FOR EU MEMBER STATES
• TYPES OF CRIMES related to CrimBank?
• STATES BODIES fighting against CrimBank (competence –
cooperation)
• TYPES OF OPERATIONAL FUNCTIONS ACTIVITY:
operational investigations, the detection of administrative
infractions, the detection of crimes, the undertaking and the
investigation of criminal cases, supervisory activities
• INTERNATIONAL COOPERATION
• SCHEMES AND INSTRUMENTS of commitment criminal
offenses
• METHODS OF FIGHT against CrimBank
OBJECTIVES
6. LAW ENFORCEMENTLAW ENFORCEMENT
CRIME TIME LINE
PROFESSIONALS
SAFE
PROFESSIONALS
SAFE
B
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K
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C
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LEGAL FRAMEWORK
PROCEEDS
OF BANKRUPTCY
FRAUD
MONEY
LAUNDERING
MACHINE
LEGAL
ECONOMY
13. CRIMINAL
INVESTI-
GATION
Commercial Court
Civil (monitoring) Organs
Procedures
Foreign Intelligence
MINISTRY OF JUSTICE
Criminal Court
Intelligence /
Enforcement Agencies
Local Prosecutor’s Office
MINISTRY OF JUSTICE
STATE BODIES – CRIMINAL PROCEDURE
CRIMINAL PROCEDURE
CORPORATE TAX
Local Police
INCOME TAX
MINISTRY OF FINANCE
Federal Criminal Police
Chief prosecutor general
MINISTRY OF FINANCE
INCOME TAX
CORPORATE TAX
MINISTRY SOCIAL SECURITYMINISTRY SOCIAL SECURITY
VAT VAT
Monitoring Organ
Foreign Intelligence
Chamber of
Commercial Ligitation
Trustee
Creditors Creditors
Protection form
Creditors
14. Step 1 : Taking Cognizance of the Facts
Step 2 : Analysis of the Available Data
Step 3 : Start of the Investigation
Step 4 : Identification and other Legal Identity Information
about the Protagonists
Step 5 : Search for Diverse Data Concerning the Fortune
Step 6 : Calculation of the Criminal Proceeds
Step 7 : Interrogatory of Witnesses
Step 8 : Interrogatory of the Suspect(s)
Step 9 : House Search – Seizure and Deposit
Step 10 : Search for Additional Data
Step 11 : Additional Interrogatory of the Suspect(s)
Step 12 : Synthesis
Step 13 : Final Audition of the Suspect(s)
POLICE INVESTIGATION
16. 16
Mis-USE of CrimBank
SCHEMES of CrimBank
• Use of “Limited”-companies as “Front”-
companies
• Nearly bankrupt firms are used as
“Shell”-companies
• Organized Cascade bankruptcies
• Use in International Complex
Companies Structures
• Use of CrimBank to Launder Money
17. 17
Mis-USE of CrimBank
SCHEMES of CrimBank
• Use for Tax Fraud
• Use for Social Fraud with Fraudulent
Subcontractors
• Use for VAT-Carousels
• …..
20. 20
The role of Eurojust is crucial in arranging and
facilitating the requests for judicial assistance in
obtaining information requested by means of
rogatory letters.
www.eurojust.europa.eu
21. 21
The European Judicial Network in criminal matters (EJN)
is a network of national contact points for the facilitation
of judicial cooperation in criminal matters
The EJN is composed of Contact Points in the Member
States designated by each Member State among central
authorities in charge of international judicial cooperation
and the judicial authorities or other competent authorities
with specific responsibilities in the field of international
judicial cooperation.