Financial Crime Defence in Marbella
Marbella and Puerto Banús represent one of the wealthiest concentrations of real estate, luxury assets and international financial activity in southern Europe. This makes the area a significant focus for Spain's financial crime investigators — including the UDEF (Unidad de Delincuencia Económica y Fiscal) and the Fiscalía Anticorrupción — who regularly operate in the area targeting fraud, money laundering and tax evasion.
Financial crime prosecutions in Spain are typically lengthy, document-heavy and technically complex. The prosecution will have substantial investigative resources at its disposal. Our criminal lawyer in Marbella works with forensic accountants, financial experts and international legal specialists to build the most rigorous defence possible.
If your home or business has been searched, or you have received notice of a financial investigation in Marbella: Do not destroy documents and do not speak to investigators. Call +34 604 54 52 81 immediately for urgent legal advice.
Financial Crime Offences We Defend in Marbella
- Fraud / Estafa — Articles 248–251 Penal Code
- Property fraud — false sale of properties in Marbella and the Costa del Sol
- Investment fraud — Ponzi schemes, collective investment fraud targeting expats
- Money laundering (blanqueo de capitales) — Articles 301–304
- Tax fraud (delito fiscal) — Article 305
- Social security fraud
- Insolvency and bankruptcy fraud (alzamiento de bienes)
- Bribery and corruption (cohecho)
- Forgery of documents (falsedad documental)
- Cryptocurrency and online investment fraud
- Corporate fraud and embezzlement (apropiación indebida)
Penalties for Fraud & Financial Crime in Spain
| Offence | Legal Basis | Sentence Range |
|---|---|---|
| Basic fraud / Estafa (>€400) | Art. 248 | 6 months – 3 years |
| Fraud >€50,000 | Art. 250.1.5° | 1–6 years |
| Aggravated fraud (multiple victims) | Art. 250.2 | 4–8 years |
| Money laundering | Art. 301 | 6 months – 6 years |
| Aggravated money laundering (organised) | Art. 302 | Up to 9 years |
| Tax fraud (>€120,000) | Art. 305 | 1–5 years |
| Embezzlement / Apropiación indebida | Art. 253 | 6 months – 4 years |
| Document forgery | Art. 390 | 3–6 years |
Money Laundering Defence in Marbella
Money laundering investigations in Marbella are conducted by specialist UDEF units with extensive financial intelligence capabilities. Charges often arise from the suspicious transaction reporting system, international financial cooperation or linked drug trafficking investigations. Our criminal lawyer challenges the prosecution's evidence on multiple fronts:
- Legitimacy of funds — establishing a lawful origin for assets using business records, tax returns and professional evidence
- Knowledge and intent — the prosecution must prove you knew the funds derived from criminal activity; we challenge this element rigorously
- Third-party involvement — distinguishing our client's role from that of principal offenders
- Asset confiscation challenges — contesting disproportionate or premature freezing of accounts and property
- International cooperation issues — challenging the admissibility of evidence obtained through international legal assistance
Property Fraud in Marbella
The Marbella property market has historically attracted fraud-related prosecutions, ranging from mis-selling of off-plan developments to fraudulent mortgage applications and illegal property sales. Our criminal lawyer defends buyers, sellers, developers and agents facing fraud allegations arising from property transactions across the Costa del Sol.
Investment Fraud and Expat Targeting
Marbella's large expatriate community is frequently targeted by investment fraud schemes. Our firm defends individuals accused of operating fraudulent investment vehicles, as well as advising victims. We have experience with the complex evidence involved in multi-jurisdictional investment fraud cases prosecuted in the Málaga courts.
Tax Fraud (Delito Fiscal) Defence in Marbella
Tax fraud charges in Spain arise when underpayment of tax exceeds €120,000 in a single tax period. With the Spanish Tax Agency (AEAT) and prosecutors working closely together, these cases often arise from civil tax inspections that cross into criminal territory. We liaise with tax advisors and challenge the transition from tax inspection to criminal prosecution at every step.
Asset Freezing and Confiscation in Marbella Financial Cases
Financial crime prosecutions frequently involve the freezing of bank accounts, property and assets as precautionary measures (medidas cautelares). These can be imposed at the investigation stage before any trial. We attend urgently to challenge asset freezing orders and seek the release of funds necessary for your daily life and legal defence.