9V8A7478 Octavian Popescu resized
OCTAVIAN POPESCU
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Partner

Areas of practice: Dispute Resolution, Criminal Law & Corporate 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

Mr Octavian Popescu has gathered extensive expertise in the litigation field, having handled contentious matters in various areas of practice, representing governmental and non-governmental institutions and multinational corporate clients in disputes before the Romanian courts, including the High Court of Justice. He specializes in commercial and corporate litigations, administrative and civil litigations and has developed particular knowledge in insolvency, foreclosure writs and procedures, as well as bankruptcy matters.

Octavian is notable for his practice in the field of white-collar crime and financial fraud, being regarded as one of the leading Romanian lawyers with an extensive experience in this area. He is reputed and acknowledged for his comprehensive approach to difficult cases, involving corruption, corporate fraud, as well as, economic espionage and provides expert assistance during prosecuting investigations, as well as,  in front of the relevant Romanian criminal courts.

Career & Qualifications

EDUCATION

  • LL.M in Criminal Sciences, Ovidius University, Constanta (2011 – 2012)
  • Political science degree, National School of Political Studies and Public Administration (2007)
  • LL.M in Business Law, Romanian – American University (2004)
  • Law degree, Romanian – American University (2003)

CAREER

  • Experience within Muşat & Asociaţii: 11 years
  • Partner, Muşat & Asociaţii 2010 to date
  • Managing Associate, Muşat & Asociaţii 2008-2010
  • Senior Associate, Muşat & Asociaţii 2006-2008

LANGUAGES

  • English and Romanian

Relevant Experience

Octavian’s recent relevant experience includes:

  • Advising and representing one of the largest financial investment funds in Romania, listed on the Bucharest Stock Exchange, in various complex disputes with a total value of EUR 127,000,000.
  • Successfully represented one of the world’s leading providers of supply chain solutions, in a litigation for the recovery of the cargo aboard one of the largest ships in the world, carrying goods valued at more than EUR 70,000,000. Further assisting the client on specific liability issues raised from the seizure, by the German Federal Ministry for Economic Affairs and Energy, of 3 military MIG-21 BIS aircrafts belonging to the Ministry of Defense of the Republic of Mozambique.
  • Representing a leading Romanian Television and Media Group in front of various courts of law (including the High Court of Romania) in a complex TV & Media litigation with RCS&RDS (the largest Romanian cable telecommunication) having claim value in excess of EUR 50 million. Further assisting and representing the Client (as claimant) in over 70 court litigations with various local entities including with the Romanian Fiscal Authority (claim value in excess of EUR 10 million).
  • Representing a leading Romanian real estate retailer in over 50 court litigations in front of various courts of law including Corporate/Commercial litigations, Capital markets related litigations shareholder disputes and administrative litigations.
  • Representing a leading Romanian 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.
  • 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).
  • Assisting one of the largest oil refining companies in Romania with respect to a high–profile commercial dispute against The Ministry of Public Finance, regarding the implementation of a share capital increase (claim value in excess of EUR 500,000,000).
  • Representing one of the world’s largest steel producers in various commercial litigations initiated by a Romanian party with a claim value in excess of 40 million USD. Further assisting the client throughout the insolvency proceedings declared against several of its significant commercial debtors in connection with the recovery of multimillion euro secured and unsecured receivables.
  • Representing a well-known Israeli bank in a complex commercial litigation having as object a claim for the annulment of a decision of the bank, whereby shares amounting to USD 33,350,000 have been cancelled.
  • Successfully represented a Romanian Municipality in a complex litigation arisen from the financing agreements regarding Sinaia Gondola Lifts.
  • Representing a leading mobile services provider in Romania before Romanian administrative authorities and competent courts of law in connection with the annulment of a public procurement procedure for services in the aggregate amount of EUR 17,000,000. Further acting for the client in a court litigation against a regional GSM dealer, concerning alleged commercial debts amounting to EUR 12,500,000.
  • Assisting several financial companies in multiple insolvency and foreclosure proceedings for the recovery of various commercial debts exceeding EUR 37,000,000, arisen from leasing contracts, including prosecution of debtors in criminal proceedings.
  • Representing the largest provider of stevedoring services in Constanta seaport in a complex shareholders’ dispute with total claims valued at EUR 30,000,000.
  • Assisting a Greek based industrial conglomerate in UNCITRAL arbitration before ICC (pending) with regard to the performance of the obligations undertaken through a privatisation contract of a Romanian company, the aggregate claims amounting to EUR 32,000,000. Further representing a major metallurgical Romanian company in executory proceedings initiated by a Romanian company for the recovery of an alleged multimillion commercial debt, as well as in multiple fiscal litigations challenging excises and other duties to the State budget, and environmental disputes arisen from contravention complaints.
  • Representing a major local ferroalloy manufacturer in several commercial litigations, seeking compensation exceeding EUR 16,000,000. Further assisting the client in a complex fiscal litigation opened against the National Agency for Fiscal Administration (ANAF) claiming VAT reimbursement exceeding EUR 2,500,000.
  • Representing a Romanian metallurgical company, part of the world’s largest steel producers group, in a judicial procedure against the seizure of stocks consisting of road building material in value exceeding EUR 6,000,000.
  • Representing a leading insurance company in a complex commercial litigation in relation to alleged insurance claims amounting to over EUR 7,000,000.
  • Assisting the world’s leading manufacturer of construction and mining equipment during the insolvency, force execution and criminal proceedings against several debtors with the aim to pursue the recovery of debts arisen from leasing contracts for industrial equipment.
  • Acting for a leading gas distribution company in Romania with respect to various claims arisen from services agreements regarding the design of their gas distribution network.
  • Representing the leading Romanian food and drinks producers at various courts of law in over 50 commercial litigations and shareholders disputes.
  • Representing an important leasing Romanian company in a fiscal litigation case opened against the National Agency for Fiscal Administration (ANAF) on VAT, income tax and other duties due to the State budget.
  • Representing State Patrimony and Protocol Administration Agency (RAAPPS) during the insolvency proceedings undertaken against a transport company.
  • Representing an important real estate company in a dispute concerning the challenging, during the insolvency procedure, of the validity of a sale–purchase agreement concerning a real estate which the client concluded with the debtor.
  • Retained by the Czech market leader in trading and processing ferrous and non–ferrous scrap, to represent its interests during insolvency proceedings commended against the leading copper company in Romania and one of the largest in Eastern Europe, in view of pursuing the recovery of a multi-million commercial debt.
  • Representinga leading worldwide distributor of various FMCG goods in Romania, in a commercial litigation with claims exceeding EUR 5,000,000 arisen from the infringement of an exclusive distribution agreement in Romania.
  • Representing/defending a large member of high officials and politicians in connection with various criminal files, in front of the National Anticorruption Authority (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 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 peddling, 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 Justice Ministry of Justice regarding corruption accusations related to activities of panels of judges and official examinations, both in the criminal investigation phase and court of law.
  • A former Head of the Financial Supervisory Authority in a high-profile criminal investigation involving peddling and abuse of power 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 money used in personal interest and for elections financing, involving former State ministers, senators, other officials and business men.

Memberships

  • Bucharest and Romanian Bar Associations (Admitted 2004)

Rankings

  • Highly recommended – Litigation & Arbitration (Chambers Europe, 2017)
  • Highly recommended – Litigation & Arbitration (Chambers Europe, 2016)
  • Highly recommended – Litigation & Arbitration (Chambers Europe, 2015)
  • Highly recommended – Litigation & Arbitration (Chambers Europe, 2014)
  • Highly recommended – Litigation & Arbitration (Chambers Europe, 2013)
  • Highly recommended – Litigation & Arbitration (Chambers Europe, 2012)

Accolades

  • Octavian Popescu frequently handles commercial litigations and white-collar crime cases. Clients note that he “contributes a lot to the positive settlement of cases,” and recommend him as “a great litigator who always focuses on winning.” Source: Chambers Europe, 2015
  • Clients praise his promptness and describe him as a good strategist and negotiator.” Source: Chambers Global, 2014
  • Octavian Popescu is a sharp lawyer”. Source: Legal 500, 2014
  • Praised specifically for his libel and defamation work, Octavian Popescu is recommended by sources as anefficient and effective litigatorSource: Chambers Global, 2011
  • Clients have been extremely pleased with thesparkling and aggressive representation provided by Octavian Popescu.” Source: Chambers Europe, 2011
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