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).

LIVIU TOGAN
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Liviu_Togan

Of Counsel

Areas of practice: Criminal Law/ White-Collar Crime, Dispute Resolution, Corporate & Commercial Law, Insolvency & Bankruptcy

Phone: +40 21 202 59 12

Fax: +40 21 223 04 95

E-mail: liviu.togan@musat.ro  

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

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Practice Highlights. A selection of our deal highlights includes:

  • Successfully representing the leading company in the oil refinery business (Romania) in a highly complex criminal case, involving tax evasion, money laundering, asset freezing measures being imposed on the goods and stocks of the company, and with an estimated prejudice in excess of EUR 700,000,000. The file was successfully managed by our team of criminal lawyers and the courts of law ruled on a final basis the exoneration of our client of any liability in connection with the alleged prejudice, as well as of any responsibilities in relation to the alleged criminal charges.
  • Providing legal assistance and representation for the second largest Romanian Bank, in relation to a complex criminal investigation with an estimated prejudice in excess of EUR 70 million.
  • Assisting and representing the leading player on the Romanian energy and gas 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.
  • Representing Spanish-based global corporation and leading manufacturer and supplier of high-tech, rolling stock and rail solutions, in connection with corruption charges against public authority officials regarding public procurement of over EUR 300 million.
  • Providing legal assistance and representation for 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.
  • Successfully representing the President of Romania in front of the High Court of Justice in relation to the claim submitted by the National Integrity Agency (ANI) accusing the President of violation of the law regulating conflict of interests. The case was successfully conducted by our legal team and the Court determined on a final basis the inexistence of the conflict of interests.
  • Successfully representing the Prime Minister of Romania in a criminal law case involving alleged illegal financing of the election campaign.
  • Representing the global wiring systems and cable technology leader, in complex a criminal file in front of the criminal investigation authorities, involving also complex settlements of damage claims in excess of EUR 40 million.
  • Assisting and representing the national distributor of MAN trucks and the most important dealer of BMW automobiles, in various complex criminal files in front of the criminal investigation authorities, involving tax evasion.
  • Representing a Romanian aviation authority in the criminal file investigated by the Prosecutors’ Office with the High Court of Cassation and Justice, in relation to an airflight accident which took place in Romania.
  • Assisting and representing the Financial Supervisory Authority (ASF) regarding a complex white-collar crime investigation.
  • Providing legal assistance and representation for the largest Romanian Banks, in connection with various criminal complaints against the bank’s fraudulent clients.

Other representative mandates of our Criminal Law practice includes:

  • Assisting Enel Romania and associated group of companies (affiliate of 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).
  • Representing Deutsche Bank, one of the world’s leading financial services providers, regarding a multidisciplinary project for debt recovery, relating to a wide aria of disputes including insolvency and white-collar crime investigations.
  • Assisting Leumi Bank in various complex litigation cases covering a wide range of disputes, ranging from corporate and commercial disputes, insolvency and white-collar crime investigations, with claims in excess of EUR 10,000,000.
  • Representing 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.
  • Representing Desitin Pharma, a German leading pharma company with over 100 years of history in the treatment of CNS disorders, in relation to charges of corruption of public officials, in front of the criminal investigation authorities.
  • Representing Teamnet International, a leading player on the Romanian and regional (Central and Eastern Europe, Middle East, North Africa) IT&C market, in various complex criminal files, both in front of the criminal investigation authorities and of the Criminal Courts of Law.
  • Representing one of the main actors of the Romanian retail industry, in connection with criminal investigations of the permitting and manner of development of its network.
  • Successfully acting for ThyssenKrupp, a leading international engineering and technology company having around 160,000 employees in nearly 80 countries, in relation to one of the most complex international litigation cases, pending in Romania for over 27 years, which also includes several criminal cases and investigations.
  • Representing a subsidiary of the second largest global information technology company, in various cases which include employee’s criminal conduct and international customs investigations in front of both the national criminal investigation authorities and also international customs authorities.
  • Assisting and representing Electrolux in a case involving employee’s criminal actions during a strike declared in one of their subsidiaries.
  • Assisting a top European bakery products producer, in front of administrative, antifraud and criminal investigation authorities in relation to the obtainment and usage of an EU funding subsidy of EUR multimillion.
  • Assisting Caterpillar Financial Services Poland, the financing division of the world’s leading manufacturer of construction and mining equipment, during the insolvency, forced execution and criminal proceedings against several debtors, with the aim to pursue the recovery of debts arisen from leasing contracts for industrial equipment.
  • Representing Eco Pack, the main player in the recycling industry, regarding a EUR 500 million impact nation-wide criminal investigation performed by the Prosecutors’ Office with the High Court of Cassation and Justice into the businesses carried by all operators of the market.
  • Providing legal assistance to Transelectrica (the National Electricity Distribution Company), in relation to internal investigations of its employees, activities and procedures regarding the status of confidential or secret data and information.
  • Retained by one of the Romanian industrial giants, specialized in consulting and trade services for industrial building objectives, mainly for the metallurgical industry, representing its interests before the criminal investigation authorities, regarding an alleged fiscal fraud exceeding EUR 2,500,000.
  • Representing a pension fund, in relation to criminal complaints submitted by former business partners.
  • Representing one of the main Romanian metallurgical manufacturers, in an extremely complex and elaborated criminal investigation regarding charges of tax evasion arising from miss-qualification of applicable taxes, resulting in a prejudice of over EUR 1.5 million.
  • Assisting and representing a private Romanian company, specialized in the import and distribution of metal products for construction, before the criminal investigation authorities.
  • Assisting a specialized medical care services supplier in internal investigations regarding potential corruption or illicit practices.
  • Representing a Romanian subsidiary of one of the most important companies in the pharmaceutical field, in a file implicating tax evasion and money laundering.
  • Representing Iris Ventures Ltd, a leading pan-European venture capital investor, in several criminal investigation cases related to or deriving from commercial litigations exceeding EUR 2,000,000 in relation to real estate projects.
  • Representing Romstal Leasing in a fiscal litigation case initiated against the National Agency for Fiscal Administration (ANAF) in relation to VAT, income tax and other duties payable to the State budget, as well as in several criminal cases.
  • Assisting and representing an important European stock exchange and foreign exchange company, in connection with an extremely complex criminal investigation, regarding charges of fraud and stock market crimes.

Moreover, we provided assistance and representation to a large number of important public figures (national and foreign business men or officials in important companies) in different criminal files, before the criminal investigation authorities and Courts of law, mainly involving corruption (active and passive bribery, traffic peddling, conflict of interests), financial frauds (embezzlement, tax evasion) and/or money laundering charges, as well as other crimes relating thereto (abuse of power, forgery of documents, etc.).

Some relevant mandates in this respect are mentioned below:

  • The Managing Director for Romania of a leading UK Investment Bank in a complex criminal case regarding fraudulent privatisations, including charges of espionage, disclosure of top secret information, organized criminal group, etc., case which took over 9 years to be prosecuted and investigated by the authorities and courts of law.
  • The president of one of the most prestigious National Institutes in the pharmaceutical field, regarding corruption crimes with an estimated prejudice of USD 22 million.
  • A Minister of the Romanian Government (Ministry of Finance), in relation to charges of traffic of influence, abuse of power, receiving bribe involving his official activity as former municipality mayor and Senator.
  • A former Counsellor to the President of Romania, in a high profile corruption investigation and trial regarding a complex case of money laundering in relation to the financing of an election campaign.
  • 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 President of the National Authority for Regulation in the Energy field (ANRE), regarding judicial proceedings for crimes of corruption (traffic of influence).
  • A Senator of the Romanian Parliament, in a corruption case involving alleged crimes of abuse of office and intellectual forgery.
  • A Romanian member of the EU Parliament, acquitted by the High Court of Cassation and Justice for charges of conflict of interests.
  • A former Counsellor to 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.
  • The President of the Board (and other directors from the Board) of a state-owned media company, in connection with charges of abuse of office related to the purchase of Radio Chisinau based in the Republic of Moldova, consisting in over-evaluated prices paid for the shares which allegedly caused a prejudice exceeding EUR 650,000 public funds.
  • A former State Secretary with the Ministry of Transportation, in relation to active bribery charges linked to payments of EUR 2 million.
  • A Mayor of a Municipality, in relation to charges of abuse of office resulting in a significant prejudice to the city budget.
  • A former Municipality Mayor, investigated and tried for abuse of power regarding allocation of local subsidies and financing in excess of EUR 400,000.
  • A former CEO of a major privately held state company in Romania, with activities in the distribution and supply of electricity market, in relation to charges of receiving bribe involving his official activity, in front of the criminal investigation authorities.
  • 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 organizing a complex network of influence peddling in order to illegally obtain financial benefits from the restitution of a large forest plot.
  • A leading Romanian businessman, 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 key figure in the financial industry, 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.
  • The son of a former president of a European country, regarding judicial proceedings for crimes of corruption, blackmail and forgery of official documents.
  • A Romanian businessman, 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 former State representative with an international financial organisation regarding active corruption charges in relation to court officials and judges, in order to obtain a favourable court decision.

Accolades 


‘They are reliable, never let you down and always find the right solution.’ Source: Legal 500

At Muşat & Asociaţii, ‘the service is good and professional’. Source: Legal 500

Muşat & Asociaţii handles a broad range of criminal law matters. Gheorghe Buta and Liviu Togan are the key names. The trio are representing Leoni and its Romanian affiliate in an investigation into a €39.5m transnational informatics fraud. Source: Legal 500

Musat & Asociatii has ‘very good business-oriented professionals with a high-level of expertise’. Source: Legal 500

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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