Mușat & Asociații este întotdeauna cu un pas înainte în ceea ce privește evoluția cadrului legislativ și a mediului de afaceri, anticipând nevoile clienților și acționând că un deschizător de drumuri în domeniu.

One of the key areas of our Litigation Department is the Criminal Law practice. It has been developing since the early years of our activity and has grown to be a sound referential in the legal market and for Romania’s business elite. Our clients can rely on our bold and creative thinking to solve their most complex challenges, involving Criminal Law risks and implications. Throughout the years we have proven able to produce the right team for our clients - one as convincing in the boardroom as in the courtroom.

Our lawyers’ experience ranges from representation in lower courts up to the High Court of Cassation and Justice, as well as in the Constitutional Court, and extends to national and international courts, but also to all levels of Prosecutors’ Offices (spanning from ordinary courts to the High Court of Cassation and Justice, including the specialized divisions – National Anticorruption Directorate, Directorate for Investigating Organised Crime and Terrorism and the European Public Prosecutors’ Office). Most of our cases have involved highly complex situations, including voluminous documentation and extensive research work. We cooperate closely with our clients (most of which are multinational corporations and large local companies or prominent business men) to understand their needs, before recommending the right solutions.

Our work in the Criminal Law field has implied acting on behalf of or alongside our clients in all types of disputes, including: white-collar crime, financial fraud, corruption, economic espionage, crimes against the financial interests of the EU, cyber- and e-Commerce crime, organized crime, abuse of power and negligence by public officials, money laundering, criminal breaches of confidentiality/secrecy, intellectual and industrial property criminal infringements, etc. We have provided legal assistance and representation both during criminal investigation proceedings and throughout criminal trials, in matters referring to the criminal liability of natural persons, as well as of legal entities.

Our services include consultancy and prevention of criminal law matters (such as preparing legal analyses, opinions or memoranda on different criminal law and criminal procedural law issues; assisting and representing our clients in different extrajudicial procedures, in order to avoid criminal implications or complex risks; preparing and concluding high-profile civil transactions, to amicably settle civil damages claims within criminal law procedures) and also representation and assistance in criminal litigations (during the criminal investigation phase or the court trial).

Practice Highlights. Legal entities / corporations.

A selection of our deal highlights (Legal entities / corporations):
  • Successfully representing a major oil refinery in a highly complex criminal case, involving tax evasion, money laundering, asset freezing measures being imposed on the goods and stocks of the company, and with an estimated prejudice in excess of EUR 700 million.The file was successfully managed by our team of criminal lawyers and the courts of law ruled on a final basis the exoneration of our client of any liability in connection with the alleged prejudice, as well as of any responsibilities in relation to the alleged criminal charges.
  • Providing legal assistance and representation for an important bank, in relation to a complex criminal investigation with an estimated prejudice in excess of EUR 70 million.
  • Assisting and representing a leading energy company, in multiple complex criminal files, both in front of the criminal investigation authorities and of the Criminal Courts of Law, involving also complex settlements of damages claims.
  • Representing a leading manufacturer and supplier of high-tech, rolling stock and rail solutions, in connection with corruption charges against public authority officials regarding public procurement of over EUR 300 million.
  • Providing legal assistance and representation for one of the largest retailers in Romania, in connection with several complex criminal cases of corruption, abuse of office, but also a complex criminal file arisen from corruption charges in relation to a large commercial and real estate transaction.
  • Providing legal assistance and representation services for one of the most important retailers, in connection with a complex criminal case implicating abuse of office by public officials and money laundering.
  • Representing a global wiring systems and cable technology leader, in a complex criminal file in front of the criminal investigation authorities, involving also complex settlements of damage claims in excess of EUR 40 million.
  • Assisting and representing an automotive importer and distributor in various complex criminal files in front of the criminal investigation authorities, involving tax evasion, but also crimes regarding public procurement procedures.
  • Assisting a major car service group and other companies affiliated with this company, in several complex criminal cases involving misrepresentation and forgery of documents launched by the criminal investigation authorities in regards to charges brought by insurance companies or natural persons.
  • Assisting and representing one of the largest national and international transport and logistics companies, which supplies the largest fast food and restaurant companies in the world, in a complex criminal case which resulted from an effective internal investigation.
  • Assisting and representing a leading transport company in a complex criminal file with multiple extra-territorial elements, which produced an estimated prejudice in excess of EUR 280,000.
  • Representing the Romanian aviation authority, in the criminal file investigated by the Prosecutors’ Office with the High Court of Cassation and Justice, in relation to an airflight accident which took place in Romania.
  • Assisting and representing a company part of the leading global provider of airline catering solutions and provision services for airlines, present in over 200 airports as well as airport lounges, in several complex criminal cases which involved misrepresentation, forgery of documents and aggravated theft.
  • Assisting and representing the Financial Supervisory Authority (ASF) regarding a complex white-collar crime investigation.
  • Providing legal assistance and representation for a top bank, in connection with various criminal complaints against the bank’s fraudulent clients.
  • Assisting an Italian power company and associated group of companies in front of the criminal investigation authorities, in relation to various types of crimes, perpetrated against the company or, allegedly, by company employees (including the recovery of the related prejudices).
  • Representing one of the world’s leading financial services providers, regarding a multidisciplinary project for debt recovery, relating to a wide aria of disputes including insolvency and white-collar crime investigations.
  • Representing a company which operates the largest cryptocurrency exchange in terms of trading volumes, in front of the national criminal investigation authorities in a criminal case concerning misappropriation of property found or obtained by mistake by the perpetrator.
  • Assisting the company that operates the largest airport in Münich in a complex fraud cause, with several extraterritorial implications.
  • Assisting a major local bank in various complex litigation cases covering a wide range of disputes, ranging from corporate and commercial disputes, insolvency and white-collar crime investigations, with claims in excess of EUR 10 million.
  • Representing the Romanian branch of a Swiss pharma conglomerate, in relation to recovering assets and debts amounting EUR multimillion, as well as regarding charges of corruption of public officials.
  • Representing a leading pharmaceutical distributor, in a complex case in front of the Prosecutor’s Office attached to the Bucharest Tribunal regarding charges of tax evasion and money laundering.
  • Representing a leading player on the Romanian and regional (Central and Eastern Europe, Middle East, North Africa) IT&C market, in various complex criminal files, both in front of the criminal investigation authorities and of the Criminal Courts of Law.
  • Representing one of Romania’s largest retailers, in connection with criminal investigations of the permitting and manner of development of its network.
  • Successfully acting for a leading international engineering and technology company having around 160,000 employees in nearly 80 countries, in relation to one of the most complex international litigation cases, pending in Romania for over 27 years, which also includes several criminal cases and investigations.
  • Representing an important company in the field of agriculture, in various criminal files as a result of copyright infringement and economical crimes in front of the national criminal investigation authorities.
  • Representing the local subsidiary of a global electronics producer and distributor, in various cases which include employee’s criminal conduct and international customs investigations in front of both the national criminal investigation authorities and also international customs authorities.
  • Assisting and representing one of the top appliance manufacturers in the world in a case involving employee’s criminal actions during a strike declared in one of their subsidiaries. Other representative mandates of our Criminal Law practice includes:
  • Assisting a top European bakery products producer, in front of administrative, antifraud and criminal investigation authorities in relation to the obtainment and usage of an EU funding subsidy of EUR multimillion.
  • Assisting the financing division of the world’s leading manufacturer of construction and mining equipment, during the insolvency, forced execution and criminal proceedings against several debtors, with the aim to pursue the recovery of debts arisen from leasing contracts for industrial equipment.
  • Representing the main player in the recycling industry, regarding a EUR 500 million impact nation-wide criminal investigation performed by the Prosecutors’ Office with the High Court of Cassation and Justice into the businesses carried by all operators of the market.
  • Providing legal assistance and representation two industrial equipment companies in a complex criminal file investigated by the European Public Prosecutor’s Office, with an alleged prejudice of over EUR 3 million.
  • Providing legal assistance to the national electricity distribution company, in relation to internal investigations of its employees, activities and procedures regarding the status of confidential or secret data and information.
  • Representing one of the major private pensions funds, in relation to criminal complaints submitted by former business partners.
  • Representing one of the main Romanian metallurgical manufacturers, in an extremely complex and elaborated criminal investigation regarding charges of tax evasion arising from miss- qualification of applicable taxes, resulting in a prejudice of over EUR 1.5 million.
  • Assisting a specialized medical care services supplier, in internal investigations regarding potential corruption or illicit practices.
  • Representing a major pharmaceutical company, in a file implicating tax evasion and money laundering.
  • Representing a leading pan-European venture capital investor, in several criminal investigation cases related to or deriving from commercial litigations exceeding EUR 2 million in relation to real estate projects.
  • Assisting and representing a large real estate company, in connection with two complex criminal cases started by different criminal investigation authorities, concerning tax evasion and forgery of private signature documents, which generated and estimated prejudice in excess of EUR 3 million.
  • Assisting and representing a British company, in connection with an extremely complex criminal investigation, regarding charges of fraud and stock market crimes.

Practice Highlights. Natural persons (Romanian or foreign citizens).

A selection of our deal highlights (natural persons):

Moreover, we provided assistance and representation to a large number of important public figures (national and foreign business men or officials in important companies) in different criminal files, before the criminal investigation authorities and Courts of law, mainly involving corruption (active and passive bribery, traffic peddling, conflict of interests), financial frauds (embezzlement, tax evasion) and/or money laundering charges, as well as other crimes relating thereto (abuse of office, forgery of documents, etc.).

Some relevant mandates in this respect are mentioned below:

  • M.S. – the Managing Director of a leading UK Investment Bank in a complex criminal case regarding fraudulent privatisations, including charges of espionage, disclosure of top secret information, organized criminal group, etc., case which took over 9 years to be prosecuted and investigated by the authorities and courts of law.
  • P.S. – the president of one of the most prestigious National Institutes in the pharmaceutical field, regarding corruption crimes with an estimated prejudice of USD 22 million.
  • D.V. – former Minister of the Romanian Government in relation to charges of traffic of influence, abuse of power, receiving bribe involving his official activity as former municipality mayor and Senator.
  • G.S. – former Counsellor to the President of Romania, in a high profile corruption investigation and trial regarding a complex case of money laundering in relation to the financing of an election campaign.
  • L.O. – former Prime Minister of Romania, in a criminal law case involving alleged illegal financing of the election campaign.
  • O.P. – former State Secretary with the Ministry of Justice, regarding corruption accusations related to activities of panels of judges and official examinations, both in the criminal investigation phase and in front of the court of law.
  • I.P. – former President of the National Health Insurance House, in several complex criminal investigations, including a case with accusations of abuse in office and corruption, allegedly committed while serving as President of the National Health Insurance House, related to the execution of the contract concluded for achieving a partnership for designing, building and operating an integrated health insurance system in Romania.
  • D.R. – former Head of the Financial Supervisory Authority, in a high-profile criminal investigation involving influence peddling and abuse of office charges against numerous persons from the public and private financial (insurance) sector.
  • G.O. – former President of the National Authority for Regulation in the Energy field (ANRE), regarding judicial proceedings for crimes of corruption (traffic of influence).
  • B.T. – former Senator of the Romanian Parliament and Minister of Environment, in a corruption case involving alleged crimes of abuse of office and intellectual forgery.
  • C.A. – the president of the Iași County Council and former Minister of Environment, in a complex and highly publicized criminal investigation regarding allegations of corruption crimes, embezzlement and forgery of documents.
  • C. – a member of the Chamber of Deputies in the Romanian Parliament, in judicial proceedings regarding crimes of corruption (traffic of influence), in regards to the appointment of the head of the National Administration for Romanian Waters.
  • D. – a Romanian member of the EU Parliament, acquitted by the High Court of Cassation and Justice for charges of conflict of interests.
  • M. – former Secretary of State with the Ministry of Transportation, in relation to bribery charges linked to payments of EUR 2 million.
  • B. – former Municipality Mayor, investigated and tried for abuse of power regarding allocation of local subsidies and financing in excess of EUR 400,000.
  • F. – former CEO of a major state-owned company in Romania, with activities in the distribution and supply of electricity market, in relation to charges of receiving bribe involving his official activity, in front of the criminal investigation authorities.
  • G. – a major real estate entrepreneur, in several criminal cases investigated by the Constanta Prosecutor’s Offices regarding several land plot transactions and accusations of abuse of office and forgery of documents.
  • M. – a leading real estate entrepreneur, investigated and tried in one of the most complex real estate corruption cases lately, with an estimated prejudice of over EUR 300,000,000, involving Romanian senators, State and local officials, business men and other persons, accused of organizing a complex network of influence peddling in order to illegally obtain financial benefits from the restitution of a large forest plot.
  • B. – a leading Romanian businessman, in a court case having as object bribery accusations in relation to the President of a County Council, in charge with approving the financing of construction activities performed for local public authorities.
  • N. S. – an important Romanian businessman, in a court case having as object abuse of office and forgery of documents, in regards to public procurement procedures of phytosanitary products by the Bucharest municipality, with an alleged prejudice in excess of EUR 3 million.
  • The President of the Board of a state-owned media company, in connection with charges of abuse of office related to the purchase of Radio Chisinau based in the Republic of Moldova, consisting in over-evaluated prices paid for the shares which allegedly caused a prejudice exceeding EUR 650,000 public funds.
  • L. – the son of a former president of a European country, regarding judicial proceedings for crimes of corruption, blackmail and forgery of official documents.
  • N. – Romanian businessman, in front of the criminal investigation authorities and Court of law in a case involving the creation of an organised criminal group of some 30 private persons and high-ranked public officials in order to perpetrate economic crimes relating to producing and selling oil products, the claimed prejudice exceeding EUR 50,000,000.