Wladimiroff & Waling N.V.
The common element in our firm’s area of practice is the government’s involvement in sanctioning offences. In this field, we have unique expertise. All our lawyers are experts in cases involving corporate criminal law and administrative sanctions imposed upon businesses and executive officers, as well as in cases involving tax litigation. Because of this combination of specialist knowledge, we are also expert at dealing with issues bordering on each of these fields. In addition, we have extensive knowledge and experience in the field of appeals in cassation before the Dutch Supreme Court, and international or and supranational criminal law.The firm defends clients on the principle that cases should be won; but this is not its sole focus. Our legal support also extends to specific preliminary issues, such as assistance when our clients are subjected to coercive measures, and to matters such as preventing disputes or solving them amicably, advising on legislation and compliance, and training executive officers and staff of companies.The firm has a reputation for reliability in terms of support and advice, and dedication to the client. Collaboration between the lawyers is informal, and thanks to the short lines of communication within the firm, specific knowledge is readily available where a comprehensive approach is called for. We not only work for private individuals or companies, we also assist lawyers from other firms working for their own clients in different fields of expertise. That adds to our body of specialist knowledge. Whenever necessary, we will consult authoritative experts from the firm’s academic network.Our firm is aware of its leading role in the legal field. Our lawyers occasionally lecture at universities, regularly lecture for professional training courses and post-graduate courses, contribute publications to specialist literature, and advise the governments and professional bodies. Corporate criminal lawThe lawyers of our firm work as specialists in the realm of corporate criminal law, both within the Netherlands and elsewhere. In many cases, this concerns the question of whether a business and its management are liable under criminal law. Our lawyers have extensive experience with providing legal assistance in matters involving fraud, corruption, money laundering, cyber crime, environmental crime and associated issues of liability under criminal law. Their experience derives from different backgrounds, including the legal profession, the public prosecution service, the business community and academia,In the consultancy practice, our clients are provided with opinions on the legal viability of positions and the legal implications of technical and other developments, for example regarding compliance with relevant legislation, or on enforcement aspects under criminal law where employees or the competition act reprehensibly. Lawyers from our firm are regularly instructed in highly complex cases and in cases which have a substantial impact on society. Tax litigationThe lawyers/tax experts of Wladimiroff & Waling represent businesses, their management and private individuals where they have a dispute or potential dispute with the tax authorities. This may be a dispute about tax collection, or may concern a dispute with a compliance officer about the disclosure obligations regarding tax matters during the audit, or about suspicion of fraud. Where the Fiscal Information and Investigation Service and Economic Investigation Service (FIOD-ECD) have instituted an investigation, our lawyers/tax experts will safeguard the rights of those involved during the investigation. Should the investigation result in a trial, they will represent the client’s interests before the tax court or the criminal court.The lawyers/tax experts do not engage in tax consultancy. Clients in need of that sort of advice will be referred to a tax consultant.In running the tax law practice, our lawyers/tax experts regularly work together with the client’s tax consultant. Administrative sanction lawIn modern times, sanctions are an important means of enforcement of administrative law. The authorities have delegated a number of supervisory tasks to independent administrative bodies, such as the Dutch competition authority (NMa), the Authority for the Financial Markets (AFM) and the Dutch Health-Care authority (NZA), which can all impose administrative penalties in cases of non-compliance.The lawyers of our firm safeguard the client's rights in investigations of the NMa, AFM and NZA and represent clients before these bodies. In addition, being specialists, we assist our client and provide advice in respect of the application of administrative enforcement, the position of the individuals and businesses/organizations under investigation, the law of evidence, exchange of information between the various enforcement agencies, and the imposition of sanctions. We often collaborate with the permanent or in-house lawyer of the business that finds itself in need of help, and, where necessary, with external experts who are known for their expertise in the appropriate field.International criminal lawThe administration of criminal law is not only subject to national rules, it also is affected by international agreements. Mutual assistance between states, extradition, and surrender of individuals depend to a large extent on conventions and EU law. We have an extensive experience in this difficult area of Interstate criminal law. Where necessary, we work together with specialist firms in other countries.We handle cases before the European Court of Human Rights in Strasbourg and the UN Commission on Human Rights in Geneva.In our firm, we also have exclusive know-how in the field of supranational criminal law applied by international tribunals. One of our lawyers has achieved worldwide recognition as an expert in this field, and has advised the United Nations and individual states. Appeals in cassationWhere the usual legal remedies in a criminal case have been exhausted, it is possible to refer special questions of a legal nature to the Dutch Supreme Court by way of an appeal in cassation. This specific procedure is available only for matters of law, not of fact. This limitation underpins the importance of expert legal representation in such cases. Several of our lawyers specialise in appeals in cassation. We do not limit the assistance before the Supreme Court to cases dealt with by associates of our firm, but also do appeals in cassation for lawyers of other firms.

practice areas

General Practice

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