Sangong law firm advises restaurants throughout Germany that have used register systems, which can be manipulated. Our clients include customers who have used the SOARQ and Multi-Way systems in their companies. These cash register systems offer manipulation options aimed at suppressing sales revenues and concealing them from the tax office. These systems, as well as others, are the same in their operation and structure. Revenues are stored as data and receive a timestamp, so a continuous numbering, as it is actually required by law, can be done later at any time. Until then, the revenue can be stored as "active" data or as "inactive" data. However, the system does not permanently delete the "inactive" data. The tax authorities are able to put together the "inactive" and the "active" data and thereby obtain a comprehensive and, in particular, detailed overview of the revenue of the enterprises.
How should people affected behave?
Not every company that uses a system of the mentioned manufacturers has done something wrong. Many affected people knew nothing of the manipulation possibilities. In this respect, the presumption of innocence also applies in Germany.
In any case, those people affected should not speak to the investigating authorities and refuse to give a statement. There should also be no conversations about this by phone, mobile, WeChat, etc. Instead, people affected should seek a lawyer, who first requests access to the file and discusses the results with them. Only then can it be decided whether the allegations are contested in total or the defense refers to the sentencing.
It is important to note that the identification of “inactive” data, thus deleted data, can not be denied on a regular basis. A defense that then seeks a verdict of not guilty will not succeed. A legal advice based on this will end up doing more harm to the client than actually helping him. What is needed instead is the development of a convincing defense strategy that involves a reasonable and, in the best case, low penalty.
It must also be considered that there is always a risk that the tax investigation will real estate if it suspects that undeclared income has been used for its acquisition.
Sangong Law firm advises many affected restaurants and has been able to bring down a few cases without the affected restaurants having a criminal record or being impaired in their business operations. Sangong law firm advises in one of the largest cases of this kind happened in Southern Germany and mentioned on the media.
This text is available in German and Chinese. Just go to the New section in your preferred language.
How should people affected behave?
Not every company that uses a system of the mentioned manufacturers has done something wrong. Many affected people knew nothing of the manipulation possibilities. In this respect, the presumption of innocence also applies in Germany.
In any case, those people affected should not speak to the investigating authorities and refuse to give a statement. There should also be no conversations about this by phone, mobile, WeChat, etc. Instead, people affected should seek a lawyer, who first requests access to the file and discusses the results with them. Only then can it be decided whether the allegations are contested in total or the defense refers to the sentencing.
It is important to note that the identification of “inactive” data, thus deleted data, can not be denied on a regular basis. A defense that then seeks a verdict of not guilty will not succeed. A legal advice based on this will end up doing more harm to the client than actually helping him. What is needed instead is the development of a convincing defense strategy that involves a reasonable and, in the best case, low penalty.
It must also be considered that there is always a risk that the tax investigation will real estate if it suspects that undeclared income has been used for its acquisition.
Sangong Law firm advises many affected restaurants and has been able to bring down a few cases without the affected restaurants having a criminal record or being impaired in their business operations. Sangong law firm advises in one of the largest cases of this kind happened in Southern Germany and mentioned on the media.
This text is available in German and Chinese. Just go to the New section in your preferred language.
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