AS
Bufete de abogados penalistas Alonso Sala
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Falsification of Accounts

Technical defense against accounting manipulation accusations (Art. 290 CP). Forensic audit to prove true and fair view.

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The Battle for the True and Fair View

The crime of falsifying annual accounts is the most common weapon in partner conflicts. The administrator is accused of dressing up balance sheets to hide losses (and avoid dissolution) or to hide profits (and not distribute dividends).

Defense Strategy: Accounting vs. Intent

Not every accounting error is a crime. The Criminal Code requires intent (intention to deceive). Our defense is based on accounting expert reports demonstrating that discrepancies are due to:

  • check_circleValuation Criteria: Technical discrepancies on how to amortize an asset or provide for a risk, supported by accounting regulations (GAAP).
  • check_circleAbsence of Relevant Harm: Even if there is an error, if it does not substantially alter the patrimonial image of the company in a way that deceives an average investor, there is no crime (principle of minimum intervention).
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Why Alonso & Sala for Falsification?

Specialized technical defense in account falsification. Accounting expert to distinguish intent from GAAP error.

  • verifiedAccounting experts: true and fair view analysis vs. technical GAAP valuation discrepancies.
  • verifiedIntent vs. error strategy: minimum criminal intervention (minor errors = administrative).
  • verifiedDe facto vs. de jure administrator defense: proof of lack of executive control.
  • verifiedCrime concurrence experience: B accounting (falsification + tax fraud).
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FAQs

Is a simple accounting error a crime?expand_more
No. The crime requires intent, i.e., the intention to falsify to deceive and cause harm. A technical error, a miscalculated provision, or a difference in accounting criteria is not a crime, it's an audit issue.
What is the 'true and fair view'?expand_more
It is the supreme accounting principle. It means that the accounts must reflect the company's economic reality completely and truthfully. The crime is committed when debts are hidden ('B accounting') or assets are inflated to give a false appearance of solvency.
Does the auditor have criminal liability?expand_more
Yes. If the auditor knows about the falsehood and covers it up by issuing a favorable report, they can be convicted as a necessary cooperator in the crime of falsifying accounts.
If I didn't sign the accounts, am I in the clear?expand_more
It depends. If you are the 'de facto administrator' (the one who really calls the shots), you can be convicted even if someone else signed as a figurehead. If you are a formal administrator but had no control, your defense is to prove you were deceived by the executive management.
What is the penalty for this crime?expand_more
Imprisonment from 1 to 3 years and a fine. If the damage is serious, the penalties can increase. It also entails disqualification from managing companies.
Why are accounts falsified?expand_more
To deceive banks and obtain financing, to attract investors, to hide losses and avoid the legal cause for dissolution, or to not distribute dividends to minority shareholders.

Need Immediate and Expert Legal Assistance?

The judicial system is complex and can be relentless. Do not face it alone. We have the experience, technical knowledge, and human resources necessary to fight for you. Contact us today to schedule a confidential consultation and start building your defense.

Contact Alonso Sala

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