More than half million US dollars was returned to our Client
Our lawyers have helped the client return more than UAH 12 million that was illegally seized during searches and kept by law enforcers.
Today, despite all ongoing transformations and new tools being created for the protection of businesses, legal regulation of the business environment in Ukraine and the way it matches activities of national law enforcement agencies continues to be such that businesses need high-quality protection against unwelcome and undue interest showed by law enforcers.
A company that has been dealing with wholesale trade of construction materials for years, acts as an authorised dealer of many European manufacturers and also supports national manufacturers has suffered from wrongful practices of law enforcement authorities.
The Financial Crime Investigation Directorate of the Head Office of the State Fiscal Service in Kyiv has conducted a search at our client’s premises in execution of a warrant issued by the investigating judge and, as a result of that search, seized the client’s money for the total amount of more than half million US dollars.
It is quite a common case when law enforcers have their own interest in dealing with businesses and act for self-serving reasons, which is why it is so crucial to timely call for professional help. Luckily, our client did, and our attorney could be present during that search – we made sure that the client was assisted by Managing Partner of Morgun & Partners Law Firm who can boast a multi-year successful experience and has his key area of expertise in the protection of clients’ rights and interests in criminal proceedings.
In the course of search and seizure activities, law enforcement officers must unfailingly comply with some specific procedural requirements, and any incompliance with those is basically a violation of laws which turns their actions unlawful.
First things first, the search warrant issued by the court must indicate the exact address where the search object is located, the owner of respective premises, and the person who is in actual possession of the object, as well as concrete things and documents that are target for the search and seizure. This means, during the search, investigators may examine and seize only those properties and funds that are relevant for the criminal proceedings and are expressly listed in the court warrant.
Having legitimate reasons and legal grounds, our lawyer has put in place all necessary efforts to protect our client’s infringed rights and proved to the investigating judge that the money, possessions and documents were illegally seized during the search.
Our lawyer has taken a number of procedural steps and secured that the court recognized the seizure as wrongful and bound the prosecutors to return the illegally seized money of nearly UAH 12 million.
Protection of our clients’ reputation, rights and interests is our top priority at Morgun & Partners.