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Commercial Criminal Law
Commercial Criminal Law

Lawyer for Commercial Criminal Law

Commercial criminal law deals with criminal offences in the business environment. Criminal Proceedings in this area often concern the offences of breach of trust, fraud, embezzlement and bankruptcy crimes. Attorney Dr. Elias Schönborn is a specialist in white-collar criminal law and advises and represents his clients throughout Austria in this legal field.
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Rapid assistance for allegations in commercial criminal law

The law firm es.law specialises in Criminal Defense in white collar crime and defends both individuals (managing directors, employees and supervisory board members) and companies against criminal charges in the course of Corporate Criminal Law. Dr. Elias Schönborn is a specialist in commercial criminal law and advises and represents his clients in this area throughtout Austria.

The primary aim of our defense work in white-collar criminal law is to avoid a high-profile trial and to make the best possible use of your rights of defense already during the investigation proceedings. As a lawyer for white-collar criminal law, Dr. Elias Schönborn has extensive experience and litigation expertise to be able to effectively defend his clients in main trials.

Prevention and internal processing of suspected cases

Another focus of our law firm is on Preventive Advice and Compliance, where we advise companies and public corporations on all aspects of commercial criminal law in order to avoid criminal law risks. We know the warning signs for conflicts of interest in business life and advise you on the necessary steps to avoid behaviour that could give rise to criminal law concerns. We also support you in Internal Investigations in the event of indications of possible legal offences in business life.

Do you have any questions on this topic or do you need support? Feel free to contact us directly.

Dr. Elias Schönborn

Do you have any questions on this topic or do you need support? Feel free to contact us directly.

Dr. Elias Schönborn
Attorney at Law & Criminal Defense Lawyer

Legal enforcement for injured parties

If you have been harmed by a criminal offence in business life, we support you in enforcing your civil law claims. This takes place in the course of Private Participation in the criminal proceedings or in the course of taking the necessary steps under civil law.

Our focus in white-collar criminal law is on advising and representing clients in the following areas:

  • Billing fraud and investment fraud
  • Labour criminal law and industrial accidents
  • Fraud and aggravated fraud (Sec 146 of the Criminal Code (StGB) and Sec 147 StGB)
  • Fraudulent insolvency and grossly negligent interference with creditor demands (Sec 156 StGB and Sec 159 StGB)
  • Accounting offences (Sec 163a StGB)
  • Money laundering (Sec 165 StGB)
  • Criminal charges under ancillary criminal law, for example under the Stock Exchange Act 2018 (BörseG), the Food Safety and Consumer Protection Act (LMSVG), the Patent Act 1970 (PatG), the Copyright Act (UrhG) or the Securities Supervision Act 2018 (WAG)
  • Crypto fraud
  • Online fraud
  • Organised illegal employment (Sec 153e StGB)
  • Social security fraud (Sec 153c and Sec 153d StGB)
  • Subsidy fraud and expenditure fraud to the detriment of the financial interests of the European Union (Section 168f StGB)
  • Embezzlement and misappropriation (Sec 153 StGB and Sec 133, 144 StGB)
  • Anti-competitive collusion in tendering processes (Section 168b StGB)
  • Criminal Corporate Liability (Sec 1 et seq VbVG)
  • Breach of trade and business secrets and professional privilege (Sec 121 StGB and Sec 122 StGB)

Should you require specialized assistance from a commercial criminal lawyer, please do not hesitate to contact us fpr professional advice.

Dr. Elias Schönborn als erfahrener Rechtsanwalt und Strafverteidiger in Wien.

Dr. Elias Schönborn
Attorney at Law & Criminal Defense Lawyer

Suc­cess Sto­ries

Background: Our client, the managing director of an internationally active group of companies, had been facing allegations of breach of trust, insolvency offences and falsification of evidence for over eight years. The alleged financial loss amounted to around EUR 5.5 million.

Challenge: The investigations involved extensive corporate and accounting documents, as well as complex issues relating to the financial valuation of individual business transactions. In addition, an expert report unfavourable to the client had been submitted.

Approach: We conducted a comprehensive analysis of the financial background to the disputed management decisions and submitted a written statement of approximately 70 pages. In particular, we reconstructed the financing arrangements, value adjustments and intra-group loans, and examined the expert’s assumptions in detail and critically.

Result: Following many years of investigation, the proceedings were discontinued within a few weeks of our statement being submitted, without any charges being brought.

Background: A member of the executive board of an Austrian bank was under investigation on suspicion of breach of trust in connection with a commission payment.

Challenge: The payment had been made without the approval of a second executive director, as required by internal decision-making rules. Given the client’s management position, the proceedings also had significant professional and reputational implications.

Approach: We analysed the corporate and commercial background to the payment and, in a written statement, demonstrated in particular that the supervisory board had approved the payment and that this approval would have been granted regardless of the second executive’s consent.

Result: The Public Prosecutor’s Office discontinued the preliminary investigation within a few weeks of our statement being submitted.

Background: The police seized approximately EUR 60,000 in cash from our client and launched an investigation on suspicion of money laundering.

Challenge: In addition to the criminal allegations, there was a risk that the substantial sum of cash would remain seized for an extended period. It was therefore crucial to document the origin and ownership of the money in a transparent manner without delay.

Approach: We intervened immediately and submitted a written statement within a few days. In it, we set out the lawful origin of the seized funds and demonstrated that the cash belonged to our client and did not stem from a predicate offence.

Result: On the very day our statement was received by the Public Prosecutor’s Office, the preliminary investigation was discontinued and the seized cash was released.

Background: Our client was charged with more than 130 counts of fraud committed as part of a criminal organisation. According to the indictment, the total alleged loss exceeded EUR 300,000.

Challenge: Given the large number of offences, the substantial total loss and the organised nature of the scheme, it initially seemed highly unlikely that the case could be resolved without a criminal conviction.

Approach: During the trial, we set out in detail our client’s individual involvement in the offences and the mitigating circumstances in his favour. In doing so, we emphasised in particular his confession, his cooperation with the law enforcement authorities, his contribution to the investigation and the full restitution of the damage attributable to him, which was well below the threshold of EUR 300,000.

Result: The case was settled by the Vienna Regional Criminal Court through a diversionary programme. Our client avoided a criminal conviction.

Background: Our client, a doctor and member of a company’s supervisory board, was under investigation on suspicion of breach of trust. The subject of the proceedings was a commission payment made in connection with his work for the company.

Challenge: The Vienna Public Prosecutor’s Office viewed the commission payment as a possible abuse of the powers granted to our client. Given his position as a member of the supervisory board, it was therefore particularly important to clarify what powers he actually held and whether the payment had in fact caused any financial loss to the company.

Approach: We conducted a comprehensive analysis of the corporate law context, our client’s role and the basis for the commission payment. In a written submission, we demonstrated that the elements of criminal breach of trust were not present, as the commission payment did not constitute an abuse of authority relevant under criminal law.

Result: The Public Prosecutor’s Office accepted our argument and discontinued the preliminary investigation against our client.

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