International cases · Economic crime
When a business dispute with a foreign side becomes a criminal case
Partners who fall out, a director who moves money to another country, a Spanish subsidiary that is emptied before going bankrupt. These cases mix company law, insolvency and criminal law, and often involve people and assets in more than one country. I act both for those accused and for companies and partners who have suffered the loss.
Saúl Rosell Manglano · Criminal defence lawyer · Madrid · ICAM 83.198
The essentials
Both sides
I defend directors and partners under investigation and I bring cases for companies and partners who have lost money.
Companies
Companies can be criminally liable in Spain for some economic offences; an effective compliance programme can exclude or reduce that liability.
Assets
Money moved abroad can be traced and frozen through EU mutual recognition, or international requests outside the EU.
The offences that come up most
Misappropriation (apropiación indebida) is keeping or diverting money or goods received for a specific purpose. Unfair management (administración desleal) is the abuse of powers to manage someone else's assets, typically by a director, causing a loss to the company. Concealment of assets (alzamiento de bienes) and punishable insolvency cover hiding or emptying assets so that creditors cannot be paid, or causing or aggravating an insolvency.
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The line between a civil dispute and a crime is often thin. Much of my work, on either side, is to show which side of that line the facts fall on, with the accounts and the documents.
Foreign companies and directors
Spanish courts are competent when any element of the offence took place in Spain: the company operates here, the assets were here or the loss occurred here. A foreign director can therefore be investigated in Spain even if he lives elsewhere, and can be summoned, or in serious cases be the subject of a European Arrest Warrant or an extradition request.
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Companies themselves can be criminally liable in Spain for certain offences, among them fraud, punishable insolvency, money laundering and tax offences. That affects Spanish subsidiaries of foreign groups, which need to review their compliance programmes when a case starts.
Recovering the money
When money has been moved to another EU country, a Spanish court can order its freezing and later its confiscation, and the order is executed there directly. Outside the EU it depends on treaties and on the cooperation of each country. Asking for these measures early, before the money moves again, is often more useful than the criminal conviction itself.
How we will understand each other
I work in Spanish. With my clients from abroad I use translation tools to read and answer messages, and we manage well that way. At the police station and in court the law gives you a free interpreter, and I make sure that right is respected. If you write to me in English, I will answer you.
Common questions
My former partner in Spain took money from our company. Is it a criminal matter?
It may be, if he kept or diverted money that was not his or abused his powers as director causing a loss. It depends on the documents. I review them and tell you whether a criminal complaint makes sense or whether the civil route is better.
I am a director of a foreign company and I have been summoned by a Spanish court. Do I have to travel?
It depends on the stage and on what the court asks for. Sometimes the statement can be given by videoconference or through a request to your country. Not responding to a summons can lead to an arrest warrant, so it has to be handled from the start.
Is it urgent?
Call me on 688 884 488. I answer the phone myself, at any hour.
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