When a company is going through insolvency procedures while facing money laundering charges. Challenges for the insolvency practitioner Cover Image

Persoana juridică supusă concomitent procedurii insolvenței și acuzației de spălare a banilor. Provocările practicianului în insolvență
When a company is going through insolvency procedures while facing money laundering charges. Challenges for the insolvency practitioner

Author(s): Antoniu Obancia
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Civil Law
Published by: Universul Juridic
Keywords: money laundering; judicial reorganization; confiscation; criminal seizure; insolvency practitioner; recommendation;

Summary/Abstract: The insolvency practitioner may face a number of criminal law and criminal procedural law issues when the company is going through insolvency procedures while also facing money laundering charges within a criminal trial. The particular feature of the money laundering accusation is represented by the criminal law applicable sanction and by the attached conservative measures: the confiscation and the seizure for the purpose of confiscation. These measures have direct impact on the assets of the company subject to the insolvency procedure, altering the chances of covering the claims and the possibilities of performing the duties of the insolvency practitioner. We analyse four themes under such specific circumstances, with recommendations for the insolvency practitioner.

  • Issue Year: 83/2023
  • Issue No: 1
  • Page Range: 24-27
  • Page Count: 4
  • Language: Romanian