FIOD investigation

A FIOD investigation – how can you best protect yourself?

The FIOD (Fiscal Information and Investigation Service) is the investigative arm of the Dutch Tax and Customs Administration. It investigates financial fraud and tax fraud. A FIOD investigation usually starts with a tip-off or another (fraud) signal. Within the FIOD there is a Criminal Intelligence Team (TCI) that specialises in detecting large-scale fraud and organised crime, such as money laundering, bankruptcy fraud and tax fraud. To do so, this team makes use of, among other things, (anonymous) informants.

FIOD investigation

Are you the subject of a FIOD investigation, or is a raid taking place right now because you are suspected of tax fraud, for example? Then stop everything and call one of our lawyers immediately. We will come to your premises straight away to take control of the situation and to ensure, for example, that you retain access to important files or copies of your records. The first step in a FIOD investigation into tax fraud, for instance, is usually the seizure of the business records. Bear in mind that the FIOD seizes not only paper records but also digital data, such as computer hard drives and data on your company network. We cannot prevent this entirely, but we can often ensure that you keep documents essential to your business operations, or get them back at short notice.

Assistance from a lawyer

The FIOD does not raid your business without good reason. A decision has been made beforehand, and a so-called pre-assessment document (pré-weegdocument) has been drawn up listing the offences and the suspects the FIOD intends to investigate. That document is discussed with a public prosecutor and, for example, with regulators. In that consultation, it is decided whether or not to prosecute. One of the considerations is the financial and social impact of a possible prosecution. You can therefore assume that if a raid has taken place, you need legal assistance.

Investigative powers

The FIOD can also use investigative powers such as phone taps and surveillance. In a FIOD investigation you may also be arrested, questioned and held in police custody. In serious cases you may even be remanded in pre-trial detention. We assist you during FIOD interviews. We can prepare you for your interview and tell you what to expect. It is important that you confide in your lawyer, so that we can advise you as well as possible.

The best legal assistance in a FIOD investigation

If you or your company ultimately has to stand trial following a FIOD investigation – that is, if you have to explain matters such as alleged tax fraud to the court – you need a well-prepared defence that you have discussed thoroughly with your lawyer. A lawyer from SKE Advocaten can advise you and provide a strong defence aimed at achieving the best possible result. Robert-Jan van Eenennaam and Anne Marie de Koning will be happy to speak with you in a free initial consultation.