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Case Overview

In 2018, LexBerg was engaged to represent a senior financial director at a major Frankfurt investment bank who had been charged by the Frankfurt Public Prosecutor's Office with aggravated fraud, embezzlement, and falsification of accounts. The charges related to alleged systematic misappropriation of client funds totalling €4.2 million across a four-year period. The case attracted significant media attention, and the prosecution had assembled what appeared to be a formidable file of documentary evidence, including internal transfer records, email chains, and testimony from four bank colleagues who had entered into cooperation agreements with investigators.

The client faced a potential custodial sentence of up to ten years under §263 StGB and had already been suspended from his position pending trial. His professional reputation, family, and financial security were at stake. LexBerg was brought in eighteen months before trial after the client expressed dissatisfaction with previous representation, leaving the team an intensive window to review and rebuild the defence from the ground up.

A key early discovery was that the prosecution's case rested heavily on the testimony of four cooperating witnesses — former colleagues who had entered plea agreements. LexBerg immediately commissioned an independent forensic accounting review of all 847 flagged transactions to establish an alternative factual record before trial.

Problem & Solution

The prosecution's twin pillars were documentary evidence and cooperating witness testimony. LexBerg's strategy dismantled both through forensic financial analysis and a rigorous cross-examination programme developed over fourteen months of preparation.

  • Forensic accountants re-examined all 847 flagged transactions, establishing that 731 were legitimate authorised transfers with complete approval chains.
  • Digital forensic analysis proved that the client's system credentials had been used without his knowledge on twelve key transactions cited by the prosecution, pointing to a third party operating within the bank.
  • Cross-examination of all four cooperating witnesses exposed significant inconsistencies in dates, amounts, and access records that were irreconcilable with the bank's own server logs.
  • A successful application excluded key prosecution documents on the grounds of procedural irregularities in the original search warrant execution.
The Final Result

After a seventeen-day trial before the Frankfurt Regional Court, the panel returned a full acquittal on all counts. The court found that the prosecution had failed to establish beyond reasonable doubt that the client had any knowing involvement in the transactions at issue. The forensic analysis presented by LexBerg was explicitly cited in the written judgment as decisive. LexBerg subsequently secured the client's full reinstatement at the bank and the formal erasure of the proceedings from the criminal register, allowing him to continue his career in the financial sector without restriction.

Case Details
Clients
Confidential
Category
Criminal Defense
Date
June 12, 2018
Location
Frankfurt am Main

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