Adam Studziński
Identifying and responding to economic fraud
17.12.2020
criminal law in creditor protection, damages for creditors, creditor protection
During a crisis, the risk of running a business increases, and not just for “natural” reasons. There is also a growing number of unlawful behaviours by businesses, from incurring obligations they cannot honour to evading their existing liabilities. Too many businesses treat hard times as a great opportunity to shift the risk of their operations to counterparties who aren’t as “clever.”
Earlier disposal of assets by a debtor does not eliminate the chances of a future creditor
26.11.2020
Actio pauliana, creditor protection
A creditor has a chance to obtain satisfaction through a fraudulent transfer claim even if the debtor disposed of its assets before the claim arose. The intention to injure future creditors is demonstrated by the foreseeability of insolvency, and thus the debtor’s expectation of becoming insolvent with respect to potential creditors.
Damages for victims of criminal offences can be sought not only from the perpetrator
12.11.2020
criminal law in creditor protection, damages for creditors, creditor protection
The possibility of seeking damages from a person who has knowingly benefited from a wrong done to another may offer the victim the only practical chance of obtaining even partial recompense. Often the immediate wrongdoer is insolvent, while someone else gains from the unlawful act.
Possible consequences of aiding a dishonest debtor
20.12.2018
creditor protection, criminal law in creditor protection, damages for creditors
Liability for money laundering in the case of persons assisting in actions taken by dishonest debtors to the detriment of creditors.
State Treasury’s liability in damages for defective tax decisions
29.06.2017
administration, tax, litigation
The defectiveness (unlawfulness) of a tax decision isn’t enough. Injury must also be proved, and an ordinary causal link between issuance of the decision and the injury.
A criminal case can also be settled
29.05.2014
criminal law in creditor protection, creditor protection
Legal measures for amicable resolution of a criminal case initiated by a creditor to enforce a receivable against assets depleted by the unlawful acts of the debtor.
Protecting the interests of creditors against dishonest actions by debtors
27.06.2013
insolvency and restructuring, creditor protection, miscellaneous
A creditor affected by asset-stripping by a debtor doesn’t have to remain a passive victim of dishonesty.
A dishonest party may be required to pay a debt through criminal proceedings
27.06.2013
criminal law in creditor protection, damages for creditors, creditor protection
The penal sanction of the duty to redress loss or provide satisfaction for injury, which may be imposed on a dishonest debtor by the criminal court, protects the interests of creditors.
Fiscal Penal Code before the Constitutional Tribunal
17.06.2010
criminal
Can advertising of companies conducting gambling activity properly be outlawed? wonder Adam Studziński and Radosław Teresiak, tax advisers from Wardyński & Partners.