After the FIOD (Fiscal Intelligence and Investigation Service) raid

Imagine this happening to you: at 7:00 a.m., about ten FIOD-people are at your front door. A delegated judge tells you that they will search your house because you are suspected of a crime. So would you please sit down on the couch and stay out of this? After this announcement, your house is turned upside-down and your administration, telephone, PC and valuables are loaded into a van, including valuables of family members. A few hours later, you are left feeling troubled and confused. So now what?

What to do after a FIOD raid?

Anyone who has ever had to deal with a FIOD raid knows it is an intimidating experience with a major impact. Before you know it, ten people are inside your house and the delegated judge tells you that you are a criminal suspect and just have to tolerate it. Your whole house is searched, your administration, valuables and cash are taken away. And not just yours, your family’s as well. You’re lucky when you don’t have to go in for questioning right away. When the FIOD people leave, you stay behind in shock. What to do now?

Tip: watch out for the tap

For the FIOD, a house search is usually not the starting point of a criminal investigation. Such an investigation has been going on for quite some time. Before an invasion is authorised, there must already be considerable suspicion. What the FIOD hopes to find is a substantiation of what they already have on paper. Often the suspect is immediately arrested and taken in for questioning, but this doesn’t happen all the time. Sometimes the FIOD will first study the seized documents and only after this, question the suspect. Be aware that not making an arrest right away can also be a strategy. Probably your phone will be tapped. The FIOD is very curious about who you will call after the search and what is being discussed during that call. This may work to your disadvantage tremendously, so don’t call anyone about the suspicions.

Prevent a sale

When items are seized in the search, such as a car, jewelry or a boat, the prosecution may choose to sell these to avoid storage costs. In that case, the items are auctioned through the Dienst Domeinen. Unfortunately, this usually results in an amount far below market value. It is often possible, in consultation with the public prosecutor, to provide security (read: transfer an amount of money) and in return get the object back, for example your car. Although the policy is not to sell jewelry and watches casually, sometimes things go wrong. So if items with emotional value have been seized, it is important to get in touch with the prosecutor.

Seizure

In the days following the search, you may also come to realise that your bank account(s), home, etc. are being seized. Bank accounts and properties of others may also be seized. Seizure is done to provide security for a possible future fine or forfeiture of illegally obtained profits. The prosecutor generally estimates the amount very liberally. A complaint about this can be filed with the court, but reversing the seizure is very difficult. This is because the court may not anticipate on the outcome of the criminal case and therefore only assesses whether it is “highly unlikely” that the court will impose an obligation to pay. This also includes whether there is a reasonable relationship between the seizure and the possible obligation to pay. The Supreme Court determined last year that, as the criminal case lasts longer, the judge must also assess whether the criminal interest still outweighs the defendant’s personal circumstances.

If bank accounts or property of others have been seized, they too can file a complaint. This can be successful when it can be shown that they are the owner and that there is insufficient connection to the crime under investigation.

Preparing for the interrogation

Over time, the FIOD will still want to interrogate you as a suspect. The intervening period can be used to prepare properly with a lawyer. A lawyer can ask the prosecutor for the official court record of suspicion, and if this is not yet provided, at least (try to) obtain more information about the suspicion. You can discuss a strategy with the lawyer, for example whether it makes sense to answer the questions during the interrogation, whether it is possible to collect exculpatory documents yourself, etc. For more information on preparation, see this blog by colleague Victor Langenburg.

Additional difficulties

Unfortunately, the FIOD is increasingly posting news stories. Also, all too often there is a leak about who is involved. This can create problems in business or families, reputational damage, and so on. The bank can also ask tough questions and threaten to cancel the bank account, see this blog for that.

Fraud investigations usually take a long time, several years is no exception. Investigations by the European Public Prosecutor can take even longer because several countries are involved, see for example this blog by colleague Lisa van Esdonk. While the fraud case drags on and the threat of trial hangs over your head, you can find yourself in a social and financial vacuum. Wim Huisman’s research on white-collar crime found that defendants perceive the long duration of a criminal case as an exhaustive battle, and that the harmfulness of the long tracing process (stress, problems in the family, impact on career or business, financial costs) are often perceived to be worse than the eventual possible punishment.

Conclusion

After a search, it is best to actively deal with the situation. Secure help to get through the upcoming difficult period and manage the situation as well as possible. Of course, our specialists will be happy to help you with that.