Telephone
02-77093611
Line
@fdlaw
address
17th Floor, No. 180, Section 2, Dunhua South Road, Da'an District, Taipei City
Telephone
02-77093611
Line
@fdlaw
address
17th Floor, No. 180, Section 2, Dunhua South Road, Da'an District, Taipei City
Major financial criminal cases typically involve corporate decision-making, securities transactions, financial statements, accounting documents, bank transactions, electronic data, and multiple testimonies. Fidelity Law Firm handles securities and exchange law cases, financial crimes of listed companies, and major corporate criminal cases, clarifying the individual criminal liability of company executives, directors, senior managers, and accounting personnel through procedures ranging from searches, police interviews, and detentions to extensive evidence collection and transaction reconstruction.
The first step in a major financial criminal case is not to guess the final sentence, but to confirm the current procedures, the alleged crimes, the company's role, and the evidence held by the prosecutors and investigators. If the case involves the Securities and Exchange Act, transactions of listed companies, false financial statements, corporate embezzlement, or significant cash flows, the first step should be to preserve search warrants, lists of seized items, subpoenas, company organizational charts, and major transaction and financial data. Do not delete electronic data, and do not attempt to coordinate statements with other defendants on your own.
Major financial criminal cases can rarely be understood based on just a statement or a single act of crime.
The case may include:
Therefore, the real difficulty in these types of cases lies not just in the large number of legal provisions, but in the need to re-answer the questions from a vast amount of data:
If a major financial criminal defense only focuses on "whether there was a remittance," "whether there was a signature," or "whether the person in charge is the company," it is usually insufficient to address the real criminal issues.
When handling these types of cases, Fidelity Law Firm will:
They should be re-analyzed within the same case framework. The relevant procedures also fall under this category.Major criminal cases and criminal defenseAn important link.
Market manipulation, insider trading, securities fraud and Section 171 cases
Fake transactions, inflated revenue, criminal liability under commercial accounting law and financial statements
Unconventional transactions, special breaches of trust, transfer of benefits and transactions with related parties
Criminal liability of the chairman, manager, CFO and company head
Accounting supervisor, chief accountant, handling accountant and ERP data
Bureau of Investigation Interviews, Company Searches, Detention Requests, Bail and Detention Relief
Processing involvesArticle 171 of the Securities Exchange LawMajor criminal charges, including:
And criminal cases arising from major transactions of listed companies.
The current statutory penalty for serious crimes under Article 171, Paragraph 1 of the Securities and Exchange Act is imprisonment for a term of not less than three years but not more than ten years. If the property or property benefits obtained as a result of the crime amount to more than NT$100 million, the law provides for an aggravated penalty of imprisonment for a term of not less than seven years.
However, severe punishment does not necessarily mean:
The elements of a crime can be omitted.
Each defendant must still confirm individually:
And the evidentiary link between the crime and its consequences.
Securities trading law research, interviews, and defense in major financial criminal cases;Serious Crimes and Criminal Defense under Securities Trading Law.
Market manipulation cases typically involve a large number of:
Communication materials.
Criminal liability cannot be solely due to:
It's established immediately.
Further confirmation is required:
And whether the actor has the legally required intent to manipulate the market.
Insider trading cases are usually centered around a very detailed timeline.
The case requires an answer first:
Not just because:
Company insider stock trading
This would directly constitute insider trading.
Similarly, one cannot only look at whether a transaction is profitable.
What really needs to be compared is:
The time of message formation, the time of awareness, and the time of transaction.
Major financial reporting cases typically do not begin with a single financial statement.
What truly needs to be restored is:
Finally, how to include it in the financial reports that are legally required to be declared or announced.
If the company is accused:
Or otherwise make the financial reports false.
The case may involve:
Securities Exchange Law;
And other criminal liabilities.
However, it is still necessary to distinguish between errors in financial statements and intentional misrepresentation in criminal cases.
Defense against Inaccurate Financial Statements by Listed Companies and Commercial Accounting Law;Legal violations and evidence assessment in commercial accounting law.
When prosecutors believe a company has engaged in fraudulent transactions, they typically compare the following:
Accounting flow.
There is a contract, an invoice, and a remittance record.
This does not necessarily mean that the transaction has real economic substance.
in turn:
The file is incomplete.
This does not mean that the transaction does not exist.
What really needs to be confirmed:
What impact will this have on the financial statements?
Defenses against fake transactions, circular transactions, and inflated revenue.
Commonly used in news:
Describe major corporate cases.
However, "hollowing out" is not a single crime name.
The case may involve:
The financial statements are inaccurate.
What really needs to be checked is:
In particular, Article 171, Paragraph 1, Subparagraph 3 of the Securities Exchange Act imposes specific legal requirements on the identity of the actor, the purpose of the interest, and the damage to the company.
Hollowing out of listed companies, unconventional transactions and special breaches of trust.
In major financial reporting cases, it's not only the chairman or the person in charge who may become the defendant.
They may be searched or questioned in connection with the case.
But the same financial report,
This does not mean that everyone bears the same criminal responsibility.
What really needs to be distinguished:
Major financial criminal cases must include:
job title
and:
Actual behavior
separate.
Individual criminal liability of CFOs, accounting supervisors, and accounting personnel.
Major financial criminal cases may also involve: if the case involves Articles 29, 29-1, and 125 of the Banking Law, multiple-person fundraising, or underground money transfers, please refer to our firm's specialized services for major criminal cases related to the Banking Law.Criminal defense in banking law, illegal fundraising, and underground money exchange.For details on the relevant constituent elements and the determination of case files, please refer to [link/reference needed].Articles 29, 29-1, and 125 of the Banking Law concerning illegal fundraising..
And related money laundering controversies.
These types of cases cannot be viewed by simply looking at:
Many people sent money in.
That completes the criminal determination.
Still needs to be confirmed:
And the actual roles of the participants.
The relevant cases will still be included in our firm's overall services for corporate criminal and white-collar crime cases.
Corporate Criminal and White-Collar Criminal LawyersCases involving multiple individuals raising funds still need to be specifically differentiated.Responsibilities of Salespersons and Introducers in Illegal Fundraising CasesIt cannot be determined solely by professional title or the total amount raised by the company.
Cases involving securities trading laws, financial statement misrepresentation, irregular transactions, and special breaches of trust often involve corporate governance, contracts, accounting documents, financial reports, and banking and securities transactions. If lawyers only read statements and indictments without returning to the company's actual operations and transaction records, it becomes difficult to determine which aspects of the prosecution's criminal narrative are truly valid.
Understand the board of directors, corporate decisions, related-party transactions, contracts, and actual business objectives.
Read ledgers, vouchers, financial statements, ERP systems, accounts receivable, company funds, and bank cash flows.
Handling searches, seizures, interviews by the Investigation Bureau, interrogations by the District Prosecutor's Office, detentions, and a large amount of case files.
Lawyer Li YushengPreviously served as the legal head of a large accounting firm; our firm was also recently taken on another major securities transaction law criminal case, participating in case file review and criminal defense. The outcome of each case still depends on the actual evidence and the court's judgment.
Defense in major corporate finance criminal cases may also involve corporate law, commercial accounting law, and corporate financial structure. Our firm has a proven track record of defending cases where a defendant was found guilty in the first instance but acquitted on appeal by the Taiwan High Court.
A major corporate financial criminal case resulted in an acquittal on appeal.
Search, interviews by the Investigation Bureau, interrogations by the District Prosecutor's Office, and procedures for major financial criminal cases.
The court's defense and offense regarding evidence collusion, destruction of evidence, escape, and bail.
Stock price manipulation, insider trading, false financial statements, unconventional trading, and special breaches of trust.
Unconventional transactions, exceptional breach of trust, corporate harm, and ultimate beneficiaries.
Securities Exchange Law, Commercial Accounting Law, Criminal Liability for False Transactions and Financial Statements.
Inflating revenue, merchandise flow, cash inflow, and economic substance.
Financial statement signing, supervisor instructions, business accounting law and individual criminal liability.
Risks associated with the initial interrogation, search and seizure, electronic data, and procedures.
Major financial and white-collar criminal cases may sometimes intertwine with government procurement, bribery, offering bribes, profiteering, or other crimes committed by public officials. Although these cases also involve financial flows, decision-making, and multiple testimonies, the legal elements of the offenses differ and should be analyzed separately according to the Anti-Corruption Act and the evidence in each case.
Major embezzlement, bribery and profiteering criminal casesMajor financial criminal cases often do not begin with prosecution.
Instead, from:
start.
At this point, the most important thing is not to explain everything clearly immediately.
Instead, confirm first:
The investigation may be reconstructing which transaction.
don't want:
Contact other defendants to discuss the contents of the transcript.
These behaviors can be further interpreted as:
Destroy evidence;
Serial certificates;
It can even become a reason for detention.
Company executives summoned by the investigation bureau or company searched.
Securities trading law and major corporate crime cases often involve the procedural risks of banking law cases; see reference [link/reference needed].Detention and Custody in Cases of Illegal Fundraising under the Banking Law.
Features such as...
The prosecutor may therefore argue that:
risk.
But not legally:
"Securities and securities law cases = detention is a certainty."
The detention court still needs to follow the law.Criminal Procedure LawProcess them one by one:
And whether it can be:
Measures such as detention can be used to replace custody.
Detention and Custody Court Battles in Securities Trading Law Cases.
If you have already received a notice from the Investigation Bureau, a summons from the District Prosecutor's Office, a search warrant, or if the case has entered the stage of requesting detention and custody, you can first provide the relevant legal provisions, company positions, procedural documents, and currently known major transactions so that your lawyer can identify the first procedural and evidentiary issues that need to be addressed.
Each defendant:
Every major transaction:
"There is a cash flow" only proves that money is moving.
One cannot prove all the elements of a crime on their own.
They must be compared with each other.
What really matters is:
Original transaction
and:
Final accounts and financial statements
Are they consistent?
Major financial cases typically span months or even years.
Therefore, it is necessary to establish:
Search and note-taking time.
The real contradiction in many cases
The difference is only apparent when placed on the same timeline.
If the case is ongoing:
The procedural risks should be addressed first.
Unable to slowly study the complete case at home,
That's when I decided how to answer the first statement.
Major criminal case files are usually organized according to the criminal assumptions of the investigative authorities.
The lawyer needs to return to:
confirm:
Does the prosecution's evidence truly connect every link in the chain?
Even if they occur in the same case,
Criminal liability can also be completely different.
The ____ does not work:
"They're all from the same company."
It can replace individual criminal evidence.
Attorney Li Yusheng previously served as the legal director of a large accounting firm.
When reviewing case files in major corporate and financial criminal cases, one should not only look at:
Criminal law provisions;
Confession;
indictment.
It is also necessary to understand:
And business decisions.
This is also an important working method for FDLAW when handling major financial and corporate criminal cases.
If any of the following situations have already occurred, it is not advisable to wait until after a lawsuit is filed to begin processing:
The key time points in major financial criminal cases are usually not:
Before the verdict.
Instead:
The first search, the first statement, and the first detention procedure.
When the case involves:
Search and detention,
The first thing to answer is not:
Is there any chance of being acquitted in the end?
Instead:
An effective defense in major financial criminal cases begins by breaking down complex cases:
A person, a transaction, a flow of funds, a document, a point in time.
Then reconfirm whether each element of the crime has truly been established.
There is no single legal definition. The term "major financial criminal cases" on this page primarily includes those related to the Securities and Exchange Act, false financial statements of listed companies, irregular transactions, exceptional breach of trust, corporate asset stripping, major financial cases, and their associated searches, detentions, and corporate criminal proceedings. The actual determination ultimately depends on the relevant legal provisions and the facts of the case.
The basic statutory penalty for serious crimes under Article 171, Paragraph 1, is imprisonment for a term of not less than three years but not more than ten years, and may be subject to a heavy fine. If the property or property benefits obtained from the crime amount to NT$100 million or more, Article 171, Paragraph 2, stipulates an imprisonment term of not less than seven years. The actual application still depends on the specific crime, the amount involved, and the evidence.
First, confirm the search warrant, search area, seized items, and personnel to be questioned, and save relevant procedural documents. Do not delete or modify data on mobile phones, computers, ERP systems, or company records, and do not demand uniform statements from other employees. Next, confirm whether the next procedure will be questioning by the Investigation Bureau, re-examination by the District Prosecutor's Office, or a possible detention hearing.
Not necessarily. While a formal position is an important fact, criminal liability still requires confirmation of actual authority, participation in the transactions involved, knowledge of relevant information, issuance of instructions, and other objective evidence. A high professional title alone cannot supersede the proof of individual elements of a crime.
No. Major financial statement criminal cases typically require the reconstruction of original transactions, vouchers, ledgers, ERP systems, financial reports, bank flows, and internal company division of labor. External accountant audits are important information, but they cannot replace the analysis of the individual criminal liability of relevant personnel within the company.
Not necessarily. Related-party transactions are not inherently criminal. It is still necessary to analyze the purpose of the transaction, the price, the decision-making process, the consideration received by the company, the ultimate beneficiary, whether it violated official duties, and whether the company was actually harmed as required by law.
Not necessarily. The court must still determine the necessity of detention based on statutory grounds such as criminal suspicion, escape, collusion, and destruction of evidence, in accordance with the Criminal Procedure Law. Even in serious cases, alternative measures such as bail, restricted residence, restrictions on leaving the country or going to sea, or prohibition of contact with specific persons should still be assessed.
If you have already received notification from the Investigation Bureau or District Attorney's Office, your company has been searched, your mobile phone and computer have been seized, other accomplices have been detained, or you already know that the case involves serious charges such as securities trading law violations, financial statement misrepresentation, special breach of trust, or irregular trading, it is generally not advisable to wait until after indictment to begin preparations. The initial statement, search, and detention proceedings often directly affect the subsequent course of the case.
In cases involving securities trading laws, false financial statements, corporate embezzlement, and major financial crimes, once searches, interviews, or detention proceedings begin, many facts are quickly established. If company officials, directors, senior executives, or accounting personnel are already facing criminal investigations, it's advisable to first compile notification documents, key transactions, company positions, and current procedures before assessing investigation, detention, and subsequent criminal defense strategies.