In its Legal Landscapes series, The Legal 500 invites law firms to report on the state of their practice area. The chapter "Liechtenstein: White Collar Crime" was authored by Dr. Maximilian Maier. The chapter was published with the 6th edition of the White Collar Crime Comparative Guide.

Maier Attorneys & Notaries is represented with its own offices in Liechtenstein, Austria, and Switzerland. We therefore support you wherever the proceedings are conducted and coordinate proceedings across the three states when a case crosses borders.

What makes proceedings in Liechtenstein so special?

Liechtenstein is an internationally oriented financial center and economically closely linked with Switzerland, Austria, and the European Economic Area. This also shapes its white-collar criminal law. Many proceedings revolve around the question of where assets originated, where they flowed, and how they can be secured.

Liechtenstein adopted its criminal procedural law from Austria. Investigations are conducted by the public prosecutor's office, supported by the national police. If a judicial investigation is initiated, it is conducted by the investigating judge. In addition to individuals, legal entities can also be held criminally liable, such as a company or a foundation.

Common topics: fraud, breach of trust, money laundering, corruption, and insolvency offenses. Regarding money laundering, one point should be noted: Under Liechtenstein law, subject to statutory requirements, assets representing expenditure saved through certain tax offenses can also be covered.

A case becomes demanding when several proceedings coincide: criminal proceedings, civil claims, proceedings by the financial market authority, and requests for mutual legal assistance from abroad. Many business relationships extend across borders; in Liechtenstein, this is particularly common. The result: A statement or a procedural decision in one state can have a direct impact on proceedings in another state.

The strategy should therefore be established as early as possible. It includes the defense itself, securing evidence, dealing with the authorities, and the potential consequences under corporate, regulatory, and liability law.

What should those affected keep in mind?

1. Act quickly, but do not react precipitously. The initial statement made to an authority can determine the further course of the investigation. Before you testify or release extensive documents, the allegation, your position in the proceedings, and the available evidence should be carefully examined.

2. Secure documents. White-collar criminal proceedings often hinge on contracts, emails, accounting records, payment flows, and internal decision-making processes. These data should be secured immediately, without altering them or passing them on in an uncoordinated manner. Clear responsibilities are equally important: Who communicates with the authorities, with employees, and with the press?

3. Do not view proceedings in isolation. A criminal allegation can simultaneously trigger civil claims, regulatory reporting requirements, questions of officer/director liability, insurance issues, and reputational risks. We therefore recommend a unified strategy for all related proceedings. In cross-border cases: A statement that helps in the short term in one state must not weaken your position in another.

How does compliance protect in an emergency?

Compliance is more than a regulatory obligation. Identifying ultimate beneficial owners, verifying the source of funds, and monitoring cross-border payment flows remain central topics in practice.

Three things carry weight when it counts: verifiably documented decisions, clear approval processes, and regular risk assessments. They work in two ways. In daily business, they help detect irregularities early. If allegations are raised, proper and thorough documentation allows you to prove that management and supervisory bodies took their organizational responsibilities seriously.

Our Services

Maier Attorneys & Notaries advises and represents companies, board members, and private individuals in white-collar criminal proceedings with international dimensions:

• Defense in preliminary investigations and main proceedings

• Coordination of parallel civil, regulatory, and criminal proceedings

• Support in mutual legal assistance proceedings

• Advice on compliance and officer/director liability

The full chapter at The Legal 500: https://www.legal500.com/guides/legal-landscapes/liechtenstein-white-collar-crime/