Corporate Intelligence and Private Forensics
Coordination with detectives, forensic experts and OSINT specialists to obtain lawful evidence in complex criminal investigations and corporate defense.
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When Defense Requires Private Intelligence
There are proceedings where passive defense is not enough. When the prosecution has Judicial Police, UCO, AEAT and Prosecutor, and the investigated person or company needs to establish facts by their own means, corporate intelligence and forensic expert evidence are decisive tools.
Types of Confidential Investigation
- Private detective: documentary report with probative value if legitimate interest exists and fundamental rights are respected.
- Asset investigation: location of property to ensure reparation or execute forfeiture.
- Alibi verification: documentary, witness and technical to support client's version.
- Communications traceability: lawful analysis of email, messaging and networks with GDPR compliance.
- Hostile witness identification: credibility and background verification.
- Corporate background check: reputational due diligence on counterparty or partners.
Forensic Expertise
We coordinate with experts selected by specialty and case demand: accounting to refute harm or reconstruct flows; IT to challenge metadata or reconstruct deletions; handwriting for signature and document authenticity; documentary for forgeries; biological for DNA and traces; ballistics and accident reconstruction.
OSINT and Financial Intelligence
OSINT (Open Source Intelligence) allows building relational maps, identifying hidden UBOs, locating assets and tracing movements from public records, social networks, press, BORME, Land Registry, international commercial registries and specialized databases. All information is obtained through lawful channels and documented to produce report with procedural value.
Chain of Custody
Procedural validity of evidence obtained by these means depends on three factors: lawfulness in obtaining; documented chain of custody from origin; contradictory incorporation to the case file with expert ratification.
Penalty Chart
| Type / Scenario | Criminal Penalty |
|---|---|
| Probative validity | Unlawfully obtained evidence is void and contaminates derived evidence (Art. 11.1 LOPJ). |
| Investigator liability | Detective may incur in offense if legal limits are exceeded (privacy, data, communications interception). |
| AEPD sanction | Personal data processing outside GDPR framework generates autonomous sanction. |
* Penalties shown are indicative. The actual penalty depends on case circumstances, applicable mitigating and aggravating factors.
Our Defense Strategy
Prior design of probative plan
Map of what needs to be proven, what evidence is needed and what lawful means can obtain it.
Expert or investigator selection
Choice by specialty, independence and technical reputation to ensure procedural credibility.
Chain of custody documentation
Certified protocol from first seizure to trial ratification.
Contradiction anticipation
Design of expert report to withstand counter-expertise and trial contradiction.
Economic Criminal Law in Spain: Tax Fraud, Money Laundering and Corporate Crimes
Economic criminal law encompasses the most severe financial penalties in the Spanish Criminal Code. Tax fraud over €120,000 (Art. 305 CP), money laundering (Art. 301 CP), and corporate crimes (Art. 290-297 CP) are complex offenses where defense requires a combination of criminal law expertise and deep accounting/financial knowledge.
Penalty Comparison: Economic Offenses
| Offense | Threshold | Penalty |
|---|---|---|
| Tax Fraud (Art. 305) | >€120,000 | 1 – 5 years + fine x6 |
| Aggravated Tax Fraud | >€600,000 | 2 – 6 years |
| Money Laundering (Art. 301) | Any amount | 6 months – 6 years |
| Aggravated Laundering | Organized/financial system | Up to 9 years |
| Corporate Crime (Art. 290) | Balance sheet falsification | 1 – 3 years |
| Punishable Insolvency (Art. 259) | Fraudulent bankruptcy | 1 – 4 years |
Key Defense Strategies
Tax Regularization Defense (Art. 305.4 CP)
Pay the full tax debt before charges are formally filed and the crime is extinguished. This is the most powerful complete defense in tax fraud cases.
Challenge the €120K Threshold
The tax authority's calculation method is often contestable. Independent forensic accounting can challenge the assessed figure below the criminal threshold.
Money Laundering 'Self-laundering' Issues
Spanish courts have debated whether the primary offender can also be convicted of laundering their own proceeds. Challenge the double jeopardy implications.
Corporate Crime: Harm to Company vs. Shareholders
Art. 295 corporate crimes require actual financial harm to the company or its members. Demonstrate that any loss was speculative or absent.
Why Choose Us?
Need a criminal defense lawyer for this type of offense? Here's how we work:
Do you need specialised legal assistance?
The judicial system is complex. We have the criminal-law specialisation and technical resources required to take on the defence.