There’s a fine line between tax expert and tax criminal, as an ex-Freshfields lawyer may be about to learn. His clients are pointing the finger at him, but if someone told me it was possible to claim back taxes you never paid, I’d be a little bit suspicious.

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Ex-Freshfields tax lawyer told to expect conviction

A senior German judge has said Freshfields Bruckhaus Deringer’s former global head of tax is “highly likely” to be found guilty of aiding and abetting tax fraud.

Ulf Johannemann is on trial over his advice to Maple Bank, a defunct German subsidiary of Canada’s Maple Financial, which tricked tax authorities into refunding more than $420 million in dividend taxes that were never paid. Freshfields is one of several high-profile law firms that has argued the complex trading strategy known as a ‘cum-ex’ transaction is legal.

The presiding judge said the panel reviewing the evidence is leaning towards the conclusion that Johannemann crossed the line between providing legal advice and aiding a crime. He could face a multi-year jail term if found guilty.

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