When a financial loss occurs in a commercial relationship and there are signs of intentional deception or misuse of company assets (fraud, embezzlement, breach of trust, fraudulent management, or related conduct), the priority is to act in the right order: secure the documents, build a timeline, identify the decision points, and understand what can be proven and what procedural steps follow.
This service is for entrepreneurs, directors, finance staff and companies dealing with internal asset misuse, B2B fraud, diverted payments, fictitious deliveries, missing inventory, or partner disputes that may cross the line into criminal conduct. The next step is practical: we collect the key documents, reconstruct the timeline (contract, delivery, payments, communications), and decide the direction that makes sense in your case (criminal complaint, defence strategy, civil claim in the criminal file, urgent measures such as asset freezing).
Informațiile sunt generale și nu înlocuiesc consultanța juridică. Contează faptele, actele și cronologia.
When you may need this
- You suspect fraud in a B2B contract (false representations, doctored documents, unclear authority to sign, fictitious deliveries).
- Company funds, inventory or assets are missing and there are indications of embezzlement or unauthorised use by people with legitimate access.
- A business partner took possession of goods or equipment and refuses to return them, while the explanations do not match the paperwork.
- Payments were diverted (changed bank account, altered invoices, fraudulent payment instructions) and the loss must be documented quickly.
- Invoices and delivery paperwork look “formal”, but the underlying delivery or service did not exist (or materially differs from what was billed).
- You already received procedural acts (summons, minutes, orders) and need a clear plan for the next steps and deadlines.
- Asset freezing measures are imposed or threatened (accounts, vehicles, equipment), creating operational risk for the business.
- You want to file a criminal complaint, but you need a structured evidence file rather than a general narrative.
- You are accused in a business property case and need a defence grounded in documents, roles, and the real transaction mechanics.
What we do in practice
- Rapid framework check: your procedural status (victim, suspect, defendant, witness), the authority involved, and active deadlines.
- Document collection and timeline: contracts, purchase orders, deliveries, acceptances, payments, communications, people involved, decision points.
- Fact pattern and legal framing: identify the conduct that can support (or refute) intent and the elements of the alleged offence, without overrelying on labels.
- Evidence strategy: organise financial records, delivery chain documents, communications, internal approvals, mandates and access rights.
- Procedural steps: complaint or defence submissions, targeted evidence requests, preparing for hearings, access to file, and procedural objections where relevant.
- Asset measures: review freezing orders, the damage calculation used, proportionality arguments, and the best procedural route to challenge or adjust the measure.
- Damage and recovery path: quantify the loss, document causation, consider civil claim in the criminal file and parallel commercial steps when useful.
- Preparation for later phases: preliminary chamber issues (legality of evidence and procedural acts), trial strategy (witnesses, expert evidence), and appeal planning, without promises about outcome.
Documents / information useful for a first review
| Document | Why it matters | Notes |
|---|---|---|
| Contracts, addenda, purchase orders, terms & conditions | Sets obligations, payment rules, risk allocation and the commercial context | Include annexes, delivery terms, acceptance rules, guarantees and notices |
| Invoices, delivery notes, acceptance reports, CMR | Supports (or contradicts) the reality of deliveries and the chain of custody | Best practice: complete chain from order to delivery to acceptance to billing to payment |
| Bank statements, payment orders, confirmations, reconciliations | Proves the money flow, timing and destination accounts | Keep payment references and supporting emails that instructed the transfer |
| Emails, chats, meeting minutes, notices and formal letters | Shows representations, refusals, “account change” scenarios, admissions and context | Prefer complete exports over selective screenshots; keep timestamps |
| Internal documents (delegations, approvals, job descriptions, inventory records) | Clarifies roles, access and internal controls relevant to embezzlement scenarios | Who had custody or admin rights, and what checks existed |
| Accounting reports, stock records, audit notes | Helps quantify damage and reconcile discrepancies | May become the basis for an accounting expert report |
| Procedural acts received (summons, orders, minutes, indictment if any) | Shows the stage of the case, allegations and existing evidence | The service date is often critical for deadlines |
| Counterparty details (company data, representatives, mandates, powers of attorney) | Helps verify identity, authority to contract and responsibility | Include official filings, corporate resolutions and signed mandates |
Risks and common mistakes
- Treating any non-performance as fraud: without evidence of deception or intent, a criminal complaint may waste time and weaken negotiation leverage.
- Unclear damage: without a coherent financial file, the case becomes easy to challenge and hard to remedy later.
- Sending documents “in fragments” without a timeline, which breaks causation and invites alternative explanations.
- Informal calls or messages with the other side after the file exists, which can be interpreted unfavourably or taken out of context.
- Statements at hearings without preparation on dates and documents, creating contradictions.
- Missing the procedural windows to challenge asset freezes or to submit targeted evidence requests.
- Ignoring parallel options (commercial claim, insolvency steps, enforcement) when recovery requires a multi-track approach.
FAQ
When does a B2B dispute become criminal fraud rather than a purely civil matter?
The practical difference is evidence of deception from the start and a fraudulent mechanism that caused the loss (false identity or capacity, doctored documents, false promises made to obtain payment or assets). The analysis starts from the timeline and documents.
What should a criminal complaint include to be specific and verifiable?
A precise timeline, the key documents (contract, delivery, payments), a documented damage figure, and concrete indicators of the fraudulent mechanism. Targeted evidence requests and, where justified, requests for asset measures can also be relevant.
How is damage proven and calculated in practice?
Usually through financial records (statements, payments, invoices), delivery and acceptance documents, and accounting reports. In complex files or inventory losses, an accounting expert report may be decisive.
What should I do if I am summoned for a hearing as a suspect or witness?
Clarify your procedural status and the documents already served, then prepare on the timeline and records. An unprepared statement can set a version that is difficult to correct later.
Can a criminal asset freeze on accounts or goods be challenged?
Yes, but the route and deadlines depend on the procedural stage and the act that ordered the measure. Challenges typically focus on legal basis, proportionality, linkage to the alleged damage, and concrete operational impact.
Can I recover damages inside the criminal case or do I need a separate civil claim?
Often you can file a civil claim within the criminal case, but parallel commercial steps may be useful where timing, insolvency or enforcement risks exist. The approach should be coordinated to preserve your options.
What does a solid defence look like in embezzlement or breach of trust allegations?
It starts with roles and access rights, then tests the accounting methodology, internal approvals, and the factual narrative against documents and a coherent timeline. Legal labels do not replace proof.
Contact
If you send a short timeline (what happened, when, with whom) and the key documents (contract, delivery, payments, communications, and any procedural acts), I can outline what steps make sense and what is urgent in your situation.
Internal links
- Servicii avocat drept penal
- Recuperarea creanțelor: strategie completă
- Onorariul avocațial (ghid)
- Contact avocat
Sources
- Romanian Criminal Code (Law no. 286/2009) – Portal Legislativ
- Romanian Code of Criminal Procedure (Law no. 135/2010) – Portal Legislativ
- Law no. 211/2004 on information, support and protection of victims of crime – Portal Legislativ
- Directive 2012/29/EU on victims’ rights, support and protection (EUR-Lex)
- Directive 2014/42/EU on freezing and confiscation of instrumentalities and proceeds of crime (EUR-Lex)
- Regulation (EU) 2018/1805 on mutual recognition of freezing and confiscation orders (EUR-Lex)
- High Court of Cassation and Justice of Romania (official website)