Overview & Experience

One of the key areas of our Litigation Department is the Criminal Law practice. It has been developing since the early years of our activity and has grown to be a sound referential in the legal market and for Romania’s business elite. Our clients can rely on our bold and creative thinking to solve their most complex challenges, involving Criminal Law risks and implications. Throughout the years we have proven able to produce the right team for our clients – one as convincing in the boardroom as in the courtroom.

Our lawyers’ experience ranges from representation in lower courts up to the High Court of Cassation and Justice, as well as in the Constitutional Court, and extends to national and international courts, but also to all levels of Prosecutors’ Offices (spanning from ordinary courts to the High Court of Cassation and Justice, including the specialized divisions – National Anticorruption Directorate and Directorate for Investigating Organised Crime and Terrorism). Most of our cases have involved highly complex situations, including voluminous documentation and heavy research work. We cooperate closely with our clients (most of which are multinational corporations and large local companies or prominent business men) to understand their needs, before recommending the right solutions.

Our work in the Criminal Law field has implied acting on behalf of or alongside our clients in all types of disputes, including: white-collar crime, financial fraud, corruption, economic espionage, cyber- and e-Commerce crime, organized crime, abuse of power and negligence in official positions, money laundering, criminal breaches of confidentiality/secrecy, intellectual and industrial property criminal infringements, etc. We have provided legal assistance and representation both during criminal investigation proceedings and throughout criminal trials, in matters referring to the criminal liability of natural persons, as well as of legal entities.

Our services include consultancy and prevention of criminal law matters (such as preparing legal analyses, opinions or memoranda on different criminal law and criminal procedural law issues; assisting and representing our clients in different extrajudicial procedures, in order to avoid criminal implications or complex risks; preparing and concluding high-profile civil transactions, to amicably settle civil damages claims within criminal law procedures) and also representation and assistance in criminal litigations (during the criminal investigation phase or the court trial).

OCTAVIAN POPESCU
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9V8A7478 Octavian Popescu resized

Partner

Areas of practice: Litigation & Arbitration, Criminal Law (White-Collar Crime), Corporate & Commercial Law

Phone: +40 21 202 59 33

Fax: +40 21 223 04 95

E-mail: octavian.popescu@musat.ro  

Address: 43 Aviatorilor Boulevard, 1st District, Code 011853, Bucharest, Romania

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A selection of our cases is given below:

  • A leading Energy Distribution Company (Romanian affiliate of the Italy’s largest power company) in front of the criminal investigation authorities in relation to various types of crimes, perpetrated against the company or, allegedly, by company employees (including the recovery of the related prejudices).
  • The main aviation company in the criminal file investigated by the Prosecutors’ Office with the High Court of Cassation and Justice, in relation to an aviation accident which took place in January 2014, in Romania.
  • The leading player on the Romanian energy market, in various complex criminal files, both in front of the criminal investigation authorities and of the Criminal Courts of law, involving also complex settlements of damages claims.
  • A global corporation (based in Spain), leader in the manufacture and supply of high-tech, rolling stock and rail solutions, in connection to corruption charges against public authority officials regarding public acquisitions in excess of over EUR 300 million.
  • One of the world’s leading financial service providers, regarding a multidisciplinary project for debt recovery, relating to a wide aria of disputes including insolvency and white collar crime investigations.
  • A leading national insurance company, in front of the criminal investigation authorities and of the Courts of law in connection with insurance frauds perpetrated by various customers/clients.
  • A well-known Israeli bank in various complex litigation cases covering a wide array of disputes, ranging from corporate and commercial disputes, labour, insolvency and white collar crime investigations, with a claim value in excess of EUR 30,000,000.
  • An important Romanian service company, regarding numerous criminal breaches in relation to its assets committed by the former administrators.
  • The local branch of a leading Dutch bank in relation to criminal claims against former clients of financial services in order to ensure preservation of credit collaterals.
  • The largest Romanian Bank in connection with various criminal complaints against the bank’s fraudulent clients.
  • An important local company specialized in import-export of industrial equipment in front of the criminal investigation authorities in connection with the miss management/miss administration and illegal usage of its assets.
  • An international leading manufacturer of construction and mining equipment, in front of the criminal investigation authorities and of the Courts of law in criminal files started by or against the company in connection with allegations of tax evasion and other economic offences.
  • The Romanian branch of a Swiss pharma conglomerate in relation to recovering assets and debts amounting EUR multimillion, as well as regarding charges of corruption of public officials.
  • The largest Romanian retailer (affiliate of a leading European commercial corporation) in connection with a complex criminal file arisen from corruption charges in relation to a large commercial and real estate transaction.
  • The Romanian division of an international retail company based in Belgium in a criminal investigation of the retail market in connection to illegal and corrupt practices.
  • A top European producer of bakery and frozen products in front of administrative, antifraud and criminal investigation authorities n relation to the obtainment and usage of an EU funding subsidy of EUR multimillion.
  • A Romanian Municipality, in front of the criminal investigation authorities regarding multiple criminal files derived from commercial disputes in relation to usage or management of assets, as well as allegations of corruption or misuse of public assets.
  • A large number of high officials and politicians in connection with various criminal files, in front of the National Anticorruption Directorate (DNA) and other criminal investigation authorities, as well as in front of the Criminal Courts of law, such as:
  • The Managing Director for Romania of a global investment bank, in a complex criminal case regarding fraudulent privatisations, including charges of espionage, disclosure of top secret information, organised criminal group, etc., case which took over 9 years to be prosecuted and investigated by the authorities and courts of law.
  • A former Minister of the Romanian Government in relation to charges of traffic of influence, abuse of power, receiving bribe involving his official activity as municipality mayor and Senator.
  • A Romanian member of the EU Parliament, acquitted by the High Court of Cassation and Justice for conflict of interests charges.
  • A former State Secretary with the Ministry of Justice regarding corruption accusations related to activities of panels of judges and official examinations, both in the criminal investigation phase and in front of the court of law.
  • A former Head of the Financial Supervisory Authority in a high-profile criminal investigation involving influence peddling and abuse of office charges against numerous persons from the public and private financial (insurance) sector.
  • A former Senator of the Romanian Parliament regarding judicial proceedings for crimes of corruption (traffic of influence).
  • A former personal Counsellor to a member of the Government, in a high profile corruption investigation and trial regarding important amounts of money used for elections financing, involving former State ministers, senators, other officials and business people.
  • A leading real estate entrepreneur, investigated and tried in one of the most complex real estate corruption cases lately, with an estimated prejudice of over EUR 300,000,000, involving Romanian senators, State and local officials, business men and other persons, accused of organising a complex network of influence peddling in order to illegally obtain financial benefits from the restitution of a large forest plot.
  • A former State representative with an international financial organisations regarding active corruption charges in relation to court officials and judges, in order to obtain a favourable court decision.
  • A leading Romanian business man in a court case having as object bribery accusations in relation to the President of a County Council, in charge with approving the financing of construction activities performed for local public authorities.
  • A foreign financial industry key figure, in his capacity as a Board member of one of the leading oil distribution companies, prosecuted and tried for embezzlement accusations against the company, the estimated prejudice being in excess of EUR 80,000,000.
  • A Romanian business man in front of the criminal investigation authorities and Court of law in a case involving the creation of an organised criminal group of some 30 private persons and high-ranked public officials in order to perpetrate economic crimes relating to producing and selling oil products, the claimed prejudice exceeding EUR 50,000,000.
  • The General Manager of a national chain of drugstores in a criminal investigation for possible embezzlement of public funding and subsidies for medicines, as well as forgery of documents, resulting in a prejudice of over EUR 4,000,000.
  • A leading entrepreneur, investigated and tried (together with local officials) in a case of fraud against the State, forgery of documents and provocation of abuse of power, in order to obtain a forest plot, worth approximately EUR 10,000,000 (as part of a fortune estimated to over EUR 1 billion).
  • The representative of an international financial entity in order to investigate cyber-crimes, causing a prejudice of EUR multimillion.

Accolades 
Ranked as “Leading” law firm in Dispute Resolution by the highly regarded British publication Legal 500 Europe, Middle East & Africa.

Highly recommended in Dispute Resolution by Chambers Global.

“Muşat & Asociaţii’s full involvement in cases is really appreciated”. Moreover, “Muşat combines deep technical knowledge and a high level of business awareness”. Source: Chambers Europe

Sources say “it was able to provide specialized lawyers in no time - the firm is outstandingly reactive”. Source: Chambers and Partners

Clients appreciate the lawyer’s “vast industry knowledge and excellent services". Source: Chambers Europe

Muşat & Asociaţii “has one of the largest litigation departments in the market”, with “a mix of good technique, accessible legal services and great client focus”. Source: Legal 500

Ranked as “Leading” law firm in Dispute Resolution by the highly regarded British publication Legal 500 Europe, Middle East & Africa.

“The team is innovative, creative and dedicated to finding the best solution”. Source: Chambers Europe

Muşat & Asociaţii has a strong dispute resolution team, that has been appreciated by Legal 500 Europe as “very dynamic”, with “strong knowledge and experience” and is noted for its expertise in arbitration and all areas of litigation. Source: Legal 500
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