November 29/30, 2019

Participation in DAA DeutscheAnwaltAkademie (German Attorney Academy) seminar on criminal tax law, substantive law, procedural singularities, and defense.


November 14, 2019

Participation in DAA DeutscheAnwaltAkademie seminar on corporate compliance and management liability. 


November 8, 2019

The Regional Court of Düsseldorf dismisses the so-called avoidance action (pursuant to §133 Insolvency Statute) of the receiver against my client, regarding the assets of the respective company. The court follows the defendant’s argument that he, as the recipient of the payment in dispute, had no knowledge of a discriminatory intent by the respective company’s director.


October 19, 2019

The public prosecutor of Düsseldorf dismisses the preliminary enquiries for suspicion of withholding and embezzling wages (§266a German Criminal Code) against my client as the alleged de facto director of a company, due to lack of probable cause pursuant to §170(2) of the German Code of Criminal Procedure.


October 18, 2019

The Düsseldorf Regional Court dismisses most of the action brought against my client by the receiver, which was based on the insolvency challenge pursuant to §133 German Insolvency Statute, and sentences my client to pay only 29% of the claim.


October 2, 2019

The Local Court of Celle closes the criminal proceedings against my client, a former managing director of a construction company, for suspicion of withholding and embezzling wages, pursuant to §153a German Code of Criminal Procedure (StPO), against a fine of EUR 4,000.00.


September 23, 2019

The public prosecutor of Lüneburg closes the preliminary enquiries against my client, a former managing director of a construction company, for suspicion of withholding and embezzling wages, pursuant to §153a German Code of Criminal Procedure (StPO), against a fine of EUR 4,000.00.


September 10, 2019

The public prosecutor of Wuppertal closes the preliminary enquiries against my client, a former managing director of a healthcare company, for suspicion of fraudulent billing of a public health insurance company, pursuant to §153a German Code of Criminal Procedure (StPO), against a fine of EUR 5,000.00.


August 8, 2019

The financial authorities of Düsseldorf Mitte agree with our grounds for appeal against a liability order against my client, due to which the latter was held liable as the alleged de facto managing director of a corporation, and dismisses such order.


July 31, 2019

On the fourth day of trial, the Local Court of Viersen closes the main criminal proceedings against my client for burglary and fraud pursuant to §154 of the German Code of Criminal Procedure at the expense of the fiscal authorities, and imposes a suspended sentence of only three months on my client for aiding and abetting theft in two cases.


June 7, 2019

After 16 days of trial, the Chamber of Business Crimes of the Regional Court in Kleve sentences my client to imprisonment for aiding and abetting organized contraband. Notice to appeal has been filed at the Federal Court of Justice.


May 29, 2019

The Local Court of Mönchengladbach closes the criminal proceedings against my client for suspicion of fraud pursuant to §154 of the German Code of Criminal Procedure with the consent of the public prosecutor.


May 28, 2019

The Higher Regional Court of Düsseldorf confirms the first-instance judgment of the Regional Court of Düsseldorf which, for the most part, judged in favor of my clients’ action for damages against their tax consultant. The tax consultant had failed to inform my clients, in their function as members of the company’s executive body, about the imminent insolvency of the company. As a result, my clients missed the deadline for filing an insolvency petition, which led to a claim by the receiver and thus to a loss of assets.


May 17, 2019

Upon the motion of the defense as per §153a of the German Code of Criminal Procedure, the public prosecutor of Wuppertal closes the preliminary enquiries against my client for suspicion of withholding and embezzling wages (§266a of the German Criminal Code) against an order to pay the respective contributions to the social insurance institutions.


May 16, 2019

Participation in the sixth conference on criminal insolvency law of WISTEV e.V. in Cologne.


May 9, 2019

Participation in the BV ESUG association’s seminar on liability and exposure to criminal prosecution of chief restructuring officers, focusing on the identification and prevention of risks.


May 8, 2019

Participation in the event “Düsseldorf dialogs on criminal law” (“Düsseldorfer Strafrechtsdialog”) on new aspects relating to main trials.


February 21, 2019

The Regional Court of Düsseldorf dismisses the application by the receiver to receive legal aid for a claim against my client by way of a so-called insolvency challenge as per German law, on the grounds of willfulness pursuant to §114 German Code of Civil Procedure.


February 13, 2019

Due to health issues, the Local Court of Koblenz suspends the main trial against my client for suspicion of tax evasion in a particularly serious case, after six court sessions. As soon as the client is deemed fit enough again to stand trial, the proceedings will be continued. A date is yet to be confirmed.


February 1, 2019

Participation in the annual conference of wistros e.V. at the University of Osnabrück, on the subject of: “Internal Investigations - the impact of conflicting areas such as rule of law, fair trial and the need for clarity on private investigations”. 


January 18/19, 2019

Participation in the annual conference of WISTEV e.V., on the subject of: “I have a case – practical problems in criminal business law”.


[…]

Bernd Guntermann, LL.M.


Attorney at Law
Master of Laws (criminal business law)
Specialist attorney for tax law
Specialist attorney for commercial and corporate law
Specialist attorney for criminal law

Königsallee 31
40212 Düsseldorf
Germany


Phone: +49 (0)211 3230555
Fax: +49 (0)211 132224
Immediate support in the event of search warrants or arrests:
 +49 (0)172 2042798
kanzlei@bernd-guntermann.de