EU funds fraud lawyer in Bucharest
Is your EU-funded project under review by the anti-fraud department, the managing authority or the prosecutor?The line between an administrative irregularity and a criminal offense is drawn on the project documents, and those documents must be prepared properly from the first control.
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What situation are you in right now?
Tell me what stage your project has reached.
You have received a request or a control concerning an EU-funded project
The answers given to the managing authority become part of the file. I prepare them with you, on the project documents.
The anti-fraud department is reviewing the project
An anti-fraud control can be followed by a criminal notification. I analyse the scope of the control and prepare a position on each point raised.
You have been summoned by DNA, the prosecutor or another investigating body
Before being questioned you need to know what offense is investigated and on what documents it rests. For files handled by the National Anticorruption Directorate the rules are set out on the DNA lawyer page.
The documents used to obtain the financing are contested
I check each contested document, its origin and whether the information it contained was relevant to the award of the financing.
The authority is requesting recovery of the funds
Recovery of the sums is separate from criminal liability. The two procedures can run in parallel and must be handled in a coordinated way.
What I review immediately in an EU funds file
- What conduct is concretely alleged and what document supports the accusation.
- The conditions in the applicable guidelines and in the financing contract.
- The supporting documents submitted with the payment or reimbursement claims.
- The procurement procedures carried out within the project.
- The findings of the managing authority and of the anti-fraud department.
- How the damage was calculated and the precautionary measures ordered.
What documents you should send me
Tell me under which programme the project was financed and what exactly is being claimed.
The application and the financing contract
The application, the contract and its amendments, together with the applicable guidelines.
The payment and reimbursement claims
The claims submitted, the progress reports and the correspondence with the managing authority.
The invoices and supporting documents
Invoices, proof of payment, acceptance records and documents on the deliveries made.
The procurement documents
The tender documentation, the offers received, the evaluation reports and the contracts concluded.
The control reports and the authorities' findings
The notes establishing irregularities, the anti-fraud reports and any criminal notification communicated to you.
When an irregularity concerning EU funds can become a criminal file
An irregularity is a departure from the financing rules, which triggers financial corrections and recovery of the affected sums. It can result from differing interpretations, reporting errors or procedural flaws.
A criminal offense requires, in addition, the use of false, inaccurate or incomplete documents or declarations, or the omission of information, with the intention of obtaining the funds. This distinction is essential in financial crime files concerning European financing.
What conduct can amount to EU funds fraud
Using false, inaccurate or incomplete documents or declarations
Submitting documents that do not reflect reality, in order to obtain the financing or the reimbursement of expenses.
Omitting information relevant to obtaining the funds
Failing to disclose data the beneficiary was required to communicate, where that data affected the award of the financing.
Changing the destination of the funds obtained
Using the sums for a purpose other than the one for which they were granted, which is criminalised separately.
Other conduct affecting the financial interests of the European Union
Conduct causing a loss to the Union budget, including in connection with the procurement procedures of the project.
The difference between an administrative irregularity and criminal EU funds fraud
An irregularity is established by the managing authorities or the control bodies and is resolved through financial corrections and recovery of the sums.
Fraud requires the intention to obtain funds that are not due, proven through false documents, omitted information or use of the sums for another purpose. Without that intentional element, the matter remains administrative.
Who investigates EU funds fraud
The role of the anti-fraud department
The anti-fraud department carries out administrative controls concerning EU funds and can notify the criminal investigation bodies.
The criminal investigation
The investigation is conducted by the prosecutor, with evidence, expert reports and questioning, and the defense can file requests throughout.
Which body has jurisdiction over the file
Depending on the offense, on the capacity of the persons involved and on the amount of the damage, jurisdiction may lie with the National Anticorruption Directorate or with the ordinary prosecutor's offices.
Contested documents in EU funds files
The accusation concerning documents submitted to the financing authority is frequently analysed together with forgery and use of forgery, because the same documents support both charges.
I check the origin of each document, who drafted it and whether the contested information was relevant to the financing decision. An inaccurate document is not automatically a forged one.
Procurement problems in an EU-funded project
Procurement is the area generating most findings: restrictive criteria, offers prepared by the same person, overpriced contracts or amendments made during performance.
Not every procedural departure amounts to an offense. I analyse whether it caused an actual loss and whether there is proof of intentional conduct, rather than an error in applying the procedure.
Are recovery of the funds and criminal liability the same thing?
No. Recovery of the funds is an administrative consequence of the irregularity established and can exist even where no criminal offense is retained.
The obligation to return part of the financing does not, in itself, prove an offense. The two procedures have different conditions and different standards of proof.
How the damage is established in an EU funds file
The damage is assessed by reference to the sums unduly paid from European funds or from national co-financing, not to the total value of the project.
I analyse which expenses were actually incurred and justified, support expert evidence where the calculation is questionable and file objections to the reports in the file.
Asset freezing and recovery of the damage
Precautionary measures are frequently ordered over accounts, real estate or assets purchased through the project, to secure recovery of the damage.
I check the proportionality of the measure against the amount retained and file a challenge where the freezing affects assets unconnected to the project or exceeds the claimed damage.
How I build the defense in an EU funds file
- I separate the administrative irregularity from the criminal accusation, on the project documents.
- I prove the reality of the expenses and of the activities implemented.
- I contest the alleged falsity or the relevance of the documents in question.
- I challenge the damage calculation through expert evidence and objections.
- I prepare you for questioning and assist you at every hearing, including in files handled by DNA.
Frequently asked questions
Does any irregularity in a project mean fraud?
No. An irregularity triggers financial corrections and recovery of the sums. Fraud requires the intention to obtain funds that are not due, through false documents, omitted information or use of the sums for another purpose.If I have to return the financing, does that mean I committed an offense?
No. The obligation to return is an administrative consequence and can exist without any criminal offense. The two procedures have different conditions and standards of proof.What documents can generate a criminal file?
Documents submitted to obtain the financing or the reimbursement of expenses, where they do not reflect reality: invoices, acceptance records, declarations or procurement documents.Who investigates EU funds fraud?
Administrative control is carried out by the anti-fraud department and the managing authorities, while the criminal investigation is conducted by the prosecutor, including by the National Anticorruption Directorate.Can the company and the director be liable at the same time?
Yes. The legal entity can be criminally liable alongside the individuals involved, and in parallel there may be an obligation to return the funds.Can assets be frozen?
Yes, including assets purchased through the project or other assets, up to the amount of the damage retained. The measure can be challenged where it is disproportionate.What happens if the funds were used for another purpose?
Changing the destination of the funds is regulated separately and can trigger criminal liability, alongside the obligation to return the sums.Can forgery charges appear in the same file?
Yes. The accusation concerning documents submitted to the financing authority is frequently analysed together with forgery and use of forgery, because the same documents support both charges.
Contact | Free initial assessment
Tell me in a few sentences what happened and I will tell you concretely what the next steps are. The first assessment discussion is free.
Official resources
- Law 78/2000 - offenses against the financial interests of the European Union. (Legislation)
- Criminal Procedure Code - art. 249 and following on precautionary measures. (Legislation)