FRANKELAW
Not just law.
Dr. Werner Franke, LL.M. (USA)
Attorney-at-Law Certified Tax Advisor
Certified Criminal Defense Lawyer
Kurfuerstendamm 194, D-10707 Berlin Tel +4930520049040 Fax +493022185388 w.franke@frankelaw.de
WHITE COLLAR CRIME AND TAX EVASION
DIRECTORS´ AND OFFICERS´ LIABILITY
TAX LITIGATION
INTERNATIONAL TAXATION
CASE EXAMPLES
Advising and representing a board member of a bank against claims for damages of more than EUR 1 billion due to alleged illicit swap transactions before court and vis-à-vis D & O insurance company | Defense Counsel in Diesel Emission Case | Tax and criminal law/defense advice in Cum-Ex Cases | Advising a board member of a listed stock corporation due to claims for damages arising from allegedly incorrect ad hoc notifications | Advising the board member of a listed insurance company with regard to mandatory publications and compliance under the Securities Trading Act | Advising and representing a listed stock corporation in the filing of a merger in several countries due to a public takeover bid - Avoidance of fines | Criminal law advice to the management board of a stock corporation regarding the admissibility of private equity transactions | Criminal defense of a board member of a stock corporation on charges of credit fraud in the amount of EUR 90 million | Criminal defense of the former chairman of the supervisory board of a listed stock corporation on charges of insider trading in connection with a public takeover bid | Criminal defense of several managing directors and members of the management board against charges of breach of trust,bribery, delay in insolvency, bankruptcy, money laundering, etc. |Criminal defense of several managing directors and private individuals for tax evasion; also defense against tax claims of the tax authorities | Criminal law advice and representation of companies against corporate fines in the millions | Criminal law advice of several companies and their managers with regard to precautions and organisational structure to avoid corruption, liability and claims - compliance | Advice of several managing directors and managers in connection with agreements contrary to antitrust law |Advise of several witnesses before a parliamentary committee of inquiry | Defense and representation of certified tax advisors and auditors in professional court and revocation proceedings | Several litigations before tax courts concerning tax claims, in particular in connection with tax evasion, defense against tax detention I Forensic Services:Criminal law advice and representation of aggrieved companies and private individuals against perpetrators - initiation of search measures, seizures and arrests by criminal prosecution authorities, criminal law support and assistance in the enforcement of civil law claims (adhesion proceedings) | Advice with regard to press releases and litigation PR in several criminal law cases | Tax and banking law advice to/representation of several offshore companies regarding initial coin offerings (cryptocurrencies) | Tax advice to several international operating big corporation on international delegation of employees, avoidance of permanent establishments, taxation under national tax laws and Double Taxation Treaties ... ... ...
Publications and lectures in particular in the fields of commercial and tax criminal law and manager liability.
VITA
Studies of law and business administration at Ludwig-Maximilians-University of Munich and University of Regensburg, doctorate (Dr. jur.) in antitrust law (merger control in oligopoly cases), Post Graduate Studies at the College of Law of the University of Illinois, USA (Master of Laws, LL.M.). | Admitted to the bar in 1989 and qualified as tax advisor in 1995. Associate und partner in several international law firms in Munich, Frankfurt and New York: Haarmann Hemmelrath & Partners, Pünder Volhard Weber & Axster (today: Clifford Chance), Schürmann & Partners, Coudert Brothers (Head of Capital Markets Germany). Advising major international corporations, banks, managers and high net worth individuals in the areas of corporate law, financing, M & A and tax planning. In addition, criminal law advice and defense in the areas of white collar crime, tax evasion, forensic services. | More than two years member of the executive board of an internationally active listed stock corporation in charge of corporate development, M & A and law. | In 2002 opening of FRANKE in Berlin, defense of accused individuals and companies as well as representation of damaged parties in white collar crime cases, advice and defense in tax evasion cases, advice and representation of directors and officers against claims for liability, advice and representation before tax courts, advice on international tax law (in particular Double Tax Treaties and offshore structures).
Memberships
German Bar Association | Criminal Law Working Group of the German Bar Association | GermanCriminal Defense Lawyers Association | White Collar Crime Law Association | Berlin Association of Criminal Defense Lawyers | European Criminal Bar Association | European Fraud and Compliance Lawyers | National Association of Criminal Defense Lawyers, USA | IFA International Fiscal Association
Berlin Merchants and Industrialists Association | German Council on Foreign Relations | Promotion Circle of
Friends of Komische Oper Berlin | Promotion Circle of Schaubühne am Lehniner Platz | berlinlounge