Rechtsanwalt
Dr. Lutz Nepomuck

„fast, competent“

„excellent expertise and absolute integrity“

„distinctive economic understanding“

(Competitors, in: JUVE-Handbuch Wirtschaftskanzleien 2020/2021)

Dr. Lutz Nepomuck advises and defends individuals and companies in proceedings relating to economic criminal law and criminal tax law as well as administrative offences. The advisory activity for companies includes the defence against fines and asset-absorbing measures as well as the coordination of individual defence counsels.

His practice focuses on proceedings relating to corruption, breach of trust, collusion, fraud, subsidy fraud, tax evasion and withholding of social security contributions as well as allegations in connection with environmental violations, industrial accidents and the deployment of outside personnel.

Preventive counselling includes the criminal law assessment of business models, the implementation of compliance systems and acting as an ombudsman. A particular focus is on advice on the prevention of corruption in foreign sales, including internal investigations and systematic audits. Dr. Nepomuck also advises on data protection issues.
Languages: English

Vita
  • Legal studies at the University of Cologne
  • Legal clerkship at the Cologne Higher Regional Court, inter alia with parts of the clerkship taking place at the 2. Criminal Senate of the Cologne Higher Regional Court, the defence lawyer Christian Richter II, as well as juvenile detention centre Cologne
  • Many years of experience as a research associate at the Chair for Criminal Law and Criminal Procedure Law to Prof. Dr. Klaus Bernsmann, as well as at the Chair for German and International Criminal Law to Prof. Dr.Dr. h.c. Dr. h.c. Claus Kreß, LL.M. (Cambridge), both at the University of Cologne
  • Doctorate in the field of substantive criminal law (summa cum laude) – aAwarded with the CBH Doctoral Prize in 2007 by the University of Cologne
  • Certification as data protection officer (TÜV ®)
  • Lecturer at the University of Cologne
  • Ombudsman for the Stadtwerke Köln Corporation since 2020
  • Lawyer since 2007; previously with the law firms Feigen Graf Lawyers, Redeker Sellner Dahs Lawyers, Kapellmann & Partners Lawyers
  • Talks and publications on the subjects of economic criminal law and criminal compliance

I. Monographs

  • Instigation and crime interest (also doctoral thesis University of Cologne 2007), Duncker & Humblot, Berlin, 2008.
  • Prevention of corruption in foreign sales, Erich Schmidt Verlag, Berlin, 2022 (forthcoming).

II. Contributions

  • Defence in Labour and Disciplinary Law, Paragraph “Architects”, in: Krug/Gutmann (ed.), C.F. Mueller, Heidelberg 2022 (together with M. Stelzner, forthcoming).

III. Commentaries

  •   § 403 – 406c (Compensation of the injured party), §§ 406d – 406l stop (other prerogatives of the injured party), in: von Heintschel-Heinegg/Bockemühl (ed.), KMR-Commentary on Criminal Procedure Code, Luchterhand, Munich 2019 (forthcoming).

IV. Essays

  • Corruption risks when using sales agents and consultants, in: Außenwirtschaftiche Praxis (AW-Praxis), 2017, pp. 7-11.
  • Use of sales agents in international business transactions: typical accompanying offences of corruption, in: Neue Zeitschrift für Wirtschafts- Steuer- und Unternehmensrecht (NZWiSt) 2016, pp. 409-417.
  • Compliance in the construction industry, in: Real Corporate Governance (Publikationen der Initiative Corporate Governance der deutschen Immobilienwirtschaft e.V.), 02/2016, p. 2-3.
  • Fraud compliance. Regulatory gap in compliance systems? Reflections on the occasion of the VW exhaust scandal, in: Risk, Fraud & Compliance (ZRFC), 2016, pp. 75 – 81.
  • Benefits to the employing company as third-party benefits within the meaning of § 299 StGB, Zeitschrift für Wirtschafts- und Steuerstrafrecht (wistra), 2012, pp. 132-136 (together with B. Groß).

V. Case annotations

  • OLG Saarbrücken, Decision of 20th February 2020 – 4 U 52/18 (Where is the threshold to criminal corruption when a mayor awards contracts without a tender?), in: ibr-online, VPR.
  • BGH (Federal Court of Justice), Decision of 8th January 2020 – 5 StR 366/19 (Is it a criminal offence to disregard internal price limits when awarding contracts?), in: ibr-online, VPR 2020, 2506.
  • BGH (Federal Court of Justice), Decision of 18th May 2017 – 3 StR 103/17 (on questions about bribery in commercial transactions), in: Neue Zeitschrift für Wirtschafts-, Steuer- und Unternehmensstrafrecht (NZWiSt) 2018, pp. 295-298.
  • BGH (Federal Court of Justice), Decision of 12th October 2016 – 5 StR 134/15 (on the issue of embezzlement in the HSH Nordbank cases), in: Neue Zeitschrift für Wirtschafts-, Steuer- und Unternehmensstrafrecht (NZWiSt) 2017, pp. 112-120
  • BGH (Federal Court of Justice), Decision of 13th April 2010– 5 StR 428/09 (on questions of embezzlement according to § 266 StGB and the company law to be applied when a director of a limited company acts as an EU foreign company), in: Entscheidungen zum Wirtschaftsrecht (EWiR) 2010, pp. 761-762 (together with J. Rubel)
  • BGH (Federal Court of Justice), Decision of 14th March 2003 – 2 StR 239/02 (on the differentiation between action and omission according to the focus of repraochability), in: Strafverteidiger Forum (StraFo) 2004, pp. 9-13.
Lecture at the University of Cologne
Winter Semester 2021/2022

In the winter semester 2021/2022, the newly established course “Practice of Criminal Procedure” will take place for the first time. Lecturers will be lawyer Dr. Lutz Nepomuck, the judge at the district court Dr. Mareike Herrmann, judge at the district court Peter Mülfarth, senior public prosecutor as permanent representative of the head of authority Dr. Gunnar Greier, public prosecutor Felix Baenisch and lawyer Dr. Nikolaos Gazeas.

Lecture description: “Charge or dismissal – conviction or acquittal? In the practice of criminal proceedings it is not uncommon that factual and legal evaluations of procedurally relevant questions by the parties to the proceedings lead to different results. The duties of court, defense and prosecution each require specific perspectives. These perspectives and their effects on the practical aspects of criminal proceedings are to be introduced to the participants by experienced practitioners and form the basis for discussions on current issues.

24th September 2019

“Compliance risks in the construction business”, IBR-Seminar, Mannheim.

6th November 2018

“Foreign corruption – Business partner review and compliance measures to reduce third party risks in sales support”, workshop, Frankfurt am Main (together with C. Carstens and S. Saporito).

26th September 2018

“Compliance risks in the construction business”, IBR-Seminar, Mannheim.

13th September 2018

“Corruption in foreign sales: Risks and prevention in the use of sales agents, consultants and other third parties employed to support sales”, coaching day, Berufsverband der Compliance Manager (BCM), Berlin (together with C. Carstens).

23rd August 2018

“Corruption in foreign sales: Risks and prevention in the use of sales agents, consultants and other third parties employed to support sales”, coaching day, Berufsverband der Compliance Manager (BCM), Hamburg (together with C. Carstens).

29th June 2018

“Employer criminal law: criminal law risks – special legal background – risk management”, seminar, Deutsche Anwalt Akademie (DAA), Cologne (together with C. Siegel).

28th June 2018

„Korruption im Auslandsvertrieb: Risiken und Prävention bei dem Einsatz von Sales Agents, Consultants und sonstigen zur Vertriebsunterstützung eingesetzten Dritten“, Coaching Day, Berufsverband der Compliance Manager (BCM), Düsseldorf (gemeinsam mit C. Carstens).

29. September 2017

“Corruption in foreign sales: Risks and prevention in the use of sales agents, consultants and other third parties employed to support sales”, coaching day, Berufsverband der Compliance Manager (BCM), Düsseldorf (together with C. Carstens).

12th May 2017

“Employer criminal law: criminal law risks – special legal background – risk management”, seminar, Deutsche Anwalt Akademie (DAA), Berlin (together with C. Siegel).

25th January 2017

“Foreign sales through sales agents and consultants – challenges for compliance managers”, talk at BCM, Düsseldorf.

2016

“Compliance in the construction business – criminal law compliance”, Kapellmann-Akademie, Berlin / Düsseldorf / Frankfurt / Hamburg / Mönchengladbach / Munich.

11th June 2015

“Corruption risks in international engineering”, Kapellmann-Akademie, Mönchengladbach.

20th April 2015

“Liability risks and compliance requirements according to Neubürger, Middelhoff & Co – How can company managers protect themselves?”, Kapellmann-Akademie, Düsseldorf (together with C. Carstens).