Investigations by the Main Customs Office and the European Public Prosecutor's Office? Specialized defense for smuggling and customs violations.

Investigations by the Cologne Main Customs Office (Division E, Audits and Investigations/Financial Control of Illegal Employment) into allegations of illegal employment place a significant burden on companies in the construction industry. The allegations often include the withholding of social security contributions (Section 266a of the German Criminal Code), violations of the Minimum Wage Act, or bogus self-employment. In this situation, a structured and expert legal defense is essential.

No information will be provided without access to the file

The principle of not providing any information about the case before the defense attorney has had full access to the case file is one of the most important prerequisites for a successful defense. You will learn that a preliminary investigation is being conducted against you through a search (raid) or in the following ways:

Written Notice of the Initiation of a Preliminary Investigation

This is the most common scenario. The Cologne Main Customs Office (Financial Control of Illegal Employment) will send you an official letter. This document typically has the subject line: “Notice of the Initiation of a Preliminary Investigation; Written Hearing Pursuant to Sections 136 and 163a of the Code of Criminal Procedure (StPO).”

This letter informs you that you are being treated as a suspect and specifies the exact charge against you. Typical charges include:

• § 266a (1) and (2), No. 1 of the German Criminal Code (StGB) (Withholding and Embezzlement of Wages): The Main Charge in Cases of Illegal Employment
• § 8 (3) of the Illegal Employment Act (Careless Withholding and Embezzlement of Wages)
• § 111 (1) No. 2 a) and b) of SGB IV (Failure to Comply with Reporting Requirements)

Enclosed with this letter is a consultation form that gives you the opportunity to submit your comments in writing.

Important: This letter contains a legal notice that clearly informs you that you have the right to speak or remain silent and to retain an attorney at any time. You should definitely exercise this right. Do not fill out the hearing form and do not submit a statement. Instead, contact us immediately for an initial consultation.

Witness interviews in the surrounding area

Sometimes, company executives learn about investigations indirectly because employees, business partners, or customers are summoned by the police or customs authorities to testify as witnesses. If you hear about something like this, it is a serious warning sign that an investigation is underway that could soon target you as well. In this case, it is necessary to seek legal counsel.

‍The Course of the Mandate

1. Initial Contact and Consultation: You contact us, and we conduct an initial assessment of your case.
2. Coverage Inquiry if You Have Legal Expenses Insurance: We will review the insurer’s obligation to pay, free of charge, and submit a coverage inquiry to your legal expenses insurer to ensure that the costs are covered through legal representation.
3. Access to Case Files and Strategy: Once coverage has been approved, we immediately request access to the case files. Based on the investigative file, we analyze the allegations and the evidence and develop a defense strategy.
4. Communication and Case Management: We handle all communication with the investigating authorities (Customs, the public prosecutor’s office) and represent you out of court during the preliminary investigation and, if necessary, in court.

Our Expertise: Your Advantage in Proceedings with the Cologne Main Customs Office

• Specializing in customs and illegal employment proceedings: We regularly defend companies and executives against allegations brought by the Cologne Main Customs Office.
• Expertise in the construction industry: We understand the unique challenges and pitfalls that contractors face.
• Local Presence in Cologne: We are familiar with the Cologne Main Customs Office, the Cologne Public Prosecutor’s Office, and the local courts.
• Excellent Reputation: The ROSTALSKI law firm is regularly recognized as a top firm in the rankings of *WirtschaftsWoche*, *Handelsblatt*, and *FOCUS Business*, among others.
• Working with Your Legal Expense Insurance Provider: We have experience working with the relevant legal expense insurance providers and will handle the entire process of securing coverage on your behalf.