{"id":10313,"date":"2022-10-01T14:12:52","date_gmt":"2022-10-01T14:12:52","guid":{"rendered":"https:\/\/loans.tiida-nissan.ru\/?p=10313"},"modified":"2022-12-08T18:41:36","modified_gmt":"2022-12-08T18:41:36","slug":"subsidy-fraud-corona-and-criminal-liability","status":"publish","type":"post","link":"https:\/\/loans.tiida-nissan.ru\/subsidy-fraud-corona-and-criminal-liability.html","title":{"rendered":"Subsidy fraud – Corona and criminal liability"},"content":{"rendered":"

Not only about the Corona virus itself, but also about criminal proceedings because of subsidy fraud and other offences in connection with Corona are reported almost daily.<\/p>\n

Have you heard that in times of Corona you can easily claim financial help through the so-called Corona emergency aid and short-time allowance? Many of your acquaintances have already filed such applications for their businesses and now you are thinking that you too could take advantage of the opportunity? Particularly as times only quickly fill out an online application form. It is precisely this speed that can prove to be a pitfall.<\/p>\n

Why it is worthwhile before an application for Corona emergency aid or also an application for short-time allowance to clarify all facts exactly and to call in a specialized lawyer, you read here. This much in advance: There is a risk that you will commit a criminal offense, namely at least subsidy fraud, as soon as you apply for subsidy. Precisely because federal financial assistance has been "knitted with a hot needle," there are significant uncertainties for applicants.<\/p>\n

In addition, we address punitive risks under the Infection Protection Act (IfSG). Why, for example, you may not employ staff who have tested positive for Corona. Or what penalties you face if you open your business despite the ban, read the second part of this blog post.<\/p>\n

Read this article for the latest news? You are looking for a lawyer for criminal law because you are under investigation? If you are charged with a violation of the Infection Protection Act or subsidy fraud? Have you received a summons or a hearing sheet as a defendant?? Do not hesitate and call me immediately! Together with you, I will develop a defense strategy in order to end the criminal proceedings as quickly as possible and with a positive outcome for you.<\/p>\n

Corona emergency aid and short-time allowance<\/p>\n

The federal and state governments have recognized that many companies are in a difficult financial situation due to the Corona pandemic and have created financial aid programs. These financial aids include loans, the short-time work allowance, but also the so-called Corona emergency aid.<\/p>\n

This is intended to cushion financial bottlenecks and lost sales for solo self-employed workers and small businesses. These so-called Corona emergency subsidies are intended to prevent freelancers, small businesses and solo self-employed persons in particular from being placed in a situation that threatens their existence as a result of the effects of COVID-19.<\/p>\n

The application for short-time allowance has also been simplified.<\/p>\n

\nPrerequisite of the application for short-time work<\/h3>\n

An application for short-time allowance may only be filed, even in times of Corona, if there is a significant loss of work. If there is actually no work stoppage, one makes oneself punishable already with the application because of subsidy fraud (to the subsidy fraud more below).<\/p>\n

For example, a work stoppage does not exist if you can keep your workers employed by changing their job duties (for example, cleaning up the warehouse).<\/p>\n

Also, the loss of work must not be based on reasons that are customary in the industry, usual in the company or seasonal. Rather, the cause must be an unavoidable and only temporary event (in this case, the Corona pandemic).<\/p>\n

\nPrecondition of the Corona emergency aid from the federal government<\/h3>\n

Federal emergency aid requires that the companies and\/or solo self-employed persons (the applicants) have fallen into an economic situation that threatens their existence due to the Corona crisis.<\/p>\n

Note: At this point, only the emergency aid provided by the federal government is discussed, not the individual federal states. The federal states have decided on their own emergency aid and have different, sometimes divergent, requirements here. This requires an examination in the individual case. But here, too, it is generally the case that significant and often even existence-threatening losses in sales can be expected due to the Corona crisis. Mere loss of profit is usually not sufficient for this purpose.<\/p>\n

\nWhat is such an existence-threatening economic situation??<\/h4>\n

Such a situation exists if the ongoing income is not expected to be sufficient to cover the liabilities (such as rent and loans) in the next three months. Federal emergency aid is not intended for private living expenses, such as rent for one's own apartment or health insurance contributions.<\/p>\n

The foreseeability of the situation threatening the existence of the company is particularly problematic here. Although we all cannot see into the future, the applicant is required to make a prognosis decision at the time of application. This means that you must be able to state whether liabilities can no longer be covered at the time of application or whether and why it can be assumed that this will occur in the next few weeks (up to three months).<\/p>\n

\nApplication for Corona emergency aid<\/h4>\n

In order to be able to apply for emergency aid, online application forms have been set up. Promises of fast, uncomplicated and unbureaucratic assistance. After submitting an application, you should have the emergency aid money in your account within a few days.<\/p>\n

This uncomplicated starting situation is tempting at first glance. However, a quick and uncomplicated application does not mean that a detailed examination will not be carried out afterwards.<\/p>\n

What happens if false information is provided in the relevant applications and payouts are obtained as a result? Criminal proceedings (for subsidy fraud) will be the consequence.<\/p>\n

\"Subsidy<\/div>\n