Cancellation of a preventive seizure concerning alleged tax crimes

graffio

Legal assistance in the review procedure against a preventive seizure ordered during an investigation concerning the crime of fraudulent subtraction into the payment of taxes.

2018

The Firm assisted a professional in the appeal before the Review Commission against a restraining order regarding a preventive seizure, inflicted during a criminal investigation aimed at ascertaining the existence of the crime of fraudulent subtraction into the payment of taxes.

In particular, according to the prosecution, the professional, some years later from the beginning of a tax audit, would have done a sham transfer of some real estate properties in favor of a foreign real estate company incorporated, managed and owned by the professional himself.

The Firm obtained the cancellation of the seizure during the review procedure by giving evidence of the non-occurrence of the transfers above (the real estate properties are currently owned by the professional, even indirectly through the real estate company), as well as of the periculum arising out of such transfer, since the Tax Agency could eventually claim the professional’s remaining assets.