Financial Crimes
Defense and advisory for fraud, embezzlement, tax evasion, and crimes against economic patrimony under Colombian law.
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Financial crimes in Colombia encompass a broad range of offenses under the Penal Code, including fraud (estafa), embezzlement (peculado), disloyal administration (administración desleal), tax evasion (evasión fiscal), and crimes against economic patrimony. Penalties are severe — fraud (estafa) under Article 246 carries 32 to 144 months imprisonment and fines of 66.66 to 1,500 minimum monthly wages, while disloyal administration (administración desleal) under Article 250-B carries 4 to 8 years and fines of 10 to 1,000 minimum monthly wages. Tax fraud under Articles 434A and 434B carries 36 to 90 months depending on the amount involved.
For foreigners and expats in Medellín, financial crime investigations can arise from unfamiliarity with Colombian tax obligations, cross-border transactions that trigger suspicious activity reports, or business disputes that escalate into criminal complaints. The Fiscalía General de la Nación investigates these cases aggressively, and the DIAN (Colombian tax authority) actively refers cases for criminal prosecution under Colombia's 2022 Tax Reform.
At Legal Diligence Medellín, our financial crimes team defends individuals and companies throughout the entire criminal process — from the initial investigation phase through trial. We also provide preventive advisory to help business owners structure their operations to avoid criminal exposure in areas such as tax compliance, anti-fraud controls, and proper financial reporting.
Problems We Solve
Tax evasion investigations
The DIAN has referred your case to the Fiscalía for suspected tax fraud under Article 434A or 434B of the Colombian Criminal Code, putting you at risk of 36 to 90 months imprisonment.
Fraud and embezzlement charges
You or your company face criminal charges for alleged estafa, disloyal administration, or misappropriation of funds in a business or investment context.
Cross-border financial scrutiny
International transfers, cryptocurrency transactions, or foreign income have triggered a suspicious transaction report (ROS) with the UIAF, leading to a criminal investigation.
Business partner disputes turned criminal
A commercial disagreement has escalated into criminal complaints for financial crimes, threatening your freedom and your business operations in Colombia.
Our Approach
Case Assessment and Strategy
We analyze the evidence, identify the specific criminal charges under the Colombian Penal Code, and develop a defense strategy tailored to the facts and applicable law.
Investigation and Evidence Defense
We intervene during the Fiscalía's investigation phase to challenge evidence, present exculpatory information, and negotiate with prosecutors before formal charges are filed.
Trial Defense and Negotiation
Full representation in criminal hearings, plea negotiations, and trial proceedings, with a focus on acquittal, charge reduction, or alternative sentencing arrangements.
Frequently Asked Questions
Penalties vary by offense. Tax fraud carries 36 to 90 months imprisonment. Fraud (estafa) carries 32 to 144 months. Embezzlement by public officials carries 96 to 270 months. All offenses can include substantial fines and asset forfeiture.
Yes. Any person with tax obligations in Colombia — including foreign residents, visa holders, and business owners — can face criminal prosecution for tax fraud if they fail to file returns, omit income, or include non-existent deductions.
Do not provide statements or documents without legal representation. Contact a criminal lawyer immediately. In Colombia's accusatory system, anything you say during the investigation can be used against you in trial.
Cryptocurrency transactions are monitored by the UIAF and financial institutions. Regular exchanges between crypto and fiat currency can trigger suspicious activity reports, leading to account freezes and criminal investigations for potential money laundering.
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