Strengths
I adopt a personalised approach to each case because tackling a criminal-law issue requires not only legal expertise but also a sound knowledge of the actual circumstances of each case. It is not uncommon for me to immerse myself in technical aspects of the specific company (such as a factory) to establish the actual facts in razor-sharp detail.
Personalised also means that I normally do everything myself, from meeting with the client, research of the case, editing statements of case and presenting oral arguments.
I am also fortunate to have dealt with an unusually diverse range of cases in my 30 years of experience.
I work all over the country and have argued cases in all judicial districts, from Ypres to Eupen and from Antwerp to Charleroi.
Although I prefer corporate criminal law, I try to stay adequately up-to-date with civil corporate law and continue to follow cases in this field.
In my opinion, professional privilege and discretion are the cornerstone of gaining a client’s trust – the essential foundation for working as a lawyer.
Michaël Verhaeghe
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I have practised as a lawyer at the Brussels Bar since January 1988. In the early days of my career, I focused mainly on commercial law and the law of obligations, doing a lot of litigation in the courts.
By the mid-1990s, my focus had quickly shifted to criminal law in all its corporate forms: environmental criminal law, all kinds of fraud, social criminal law, medical criminal law, and so on.
As such, I have built up considerable experience in what is generally called corporate criminal law, namely all possible areas of criminal law involving companies or their executives, whether as the suspect or accused, the injured party or party seeking damages in criminal proceedings.
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Although more in a volunteering role, I have also gained wide-ranging experience in international criminal law and with international criminal courts since 1994.
Fees
I work at an hourly rate, which is discussed and fixed at the start of each case. This rate includes all general expenses, but excludes VAT (currently 21%).
All expenses – i.e. special costs that I have to pay myself – are charged on a one-to-one basis. I even prefer to have these costs invoiced directly to the client. Examples include the costs of a judicial officer’s writ, filing a complaint with a claim for damages in civil proceedings, a sworn translation, and so on.
My services are recorded in detail on individual case timesheets, which the client can ask to see at any time. I send invoices to settle my fees on a regular basis.
Experience
A very brief and intentionally non-chronological description of some cases I have dealt with, based on their key question each time, follows below to highlight the areas in which I have gained specific experience:
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- forgery of documents in drawing up a list for the nomination of a political party wishing to participate in elections of the House of Representatives
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- various extradition requests, including from the United States in a case of alleged international mail fraud
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- prosecution of a Finance inspector for complicity in falsifying official documents due to a lack of scrutiny of these documents
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- dozens of cases in which the Welfare Act has been dealt with under criminal law, in all its aspects (including industrial accidents, working with third parties, risk analyses, etc.)
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- the operation of a landfill site for which the directors of an intermunicipal utility company were held liable under criminal law
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- prosecution of a civil-law notary for forging a public deed
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- fraud, abuse of trust and other charges against the Belgian CEO of an international company against the background of appointing an entirely new management team
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- compensation of several million euros payable by the Public Waste Agency of Flanders (OVAM) for ceasing the operation of a recycling company that had initially received a positive recommendation from OVAM
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- a fraud caught on film with reinsurance companies in Brussels: Japanese actors were hired to create the impression that Japanese pension funds were making investments and a leading audit firm was misled with a huge non-monetary contribution. Several major players in the insurance market (including Lloyd’s) were duped and €20 million was ultimately raised in cash, never to be traced again.
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- several cases in which doctors faced criminal charges, both with regard to involuntary bodily harm and more regulatory infringements involving advertising and medicines
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- government notices that did not comply with public procurement law and even led to criminal prosecution for forgery of documents