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Financial-credit operations & damages

Calculating material damage, bank losses, credit fraud and asset stripping.

Quantifying damages is the part of a case where the price of an error is measured directly in the amount claimed — or in the civil claim inside criminal proceedings. The forensic expert determines the documented amount of material damage: actual losses and, where the evidence supports it, lost profit (Articles 22 and 623 of the Civil Code).

The other half of this section is financial and credit transactions, specialism 11.3. Here the study covers the correctness of interest, fees and penalty charges under a credit agreement, the outstanding balance on a given date, the targeted use of credit funds and the adequacy of security. Such questions arise in disputes with banks, in cases of fraud with financial resources, and in proceedings on asset stripping and driving a company into insolvency.

The study requires contracts with all annexes, the credit agreement and repayment schedule, pledge and surety agreements, account statements, memorial orders, the bank's own calculation, acceptance acts, costings and estimates, and records of the movement of goods and money. The expert produces the figure — but does not identify culpable persons or decide whether conduct amounts to an offence.

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Frequently asked questions

Does the expert calculate lost profit?

Yes, where there is a documentary basis. Lost profit is income the party could realistically have earned in the ordinary course, so contracts, prior performance figures and evidence of readiness to perform are required. A calculation resting only on expectations or a business plan is rarely accepted by a court.

What is needed to calculate a bank's loss on an unpaid loan?

The credit agreement with all amendments and the repayment schedule, statements on the loan account, memorial orders, the bank's own debt calculation, security agreements and the collateral valuation documents. From these the expert verifies the interest and penalties charged and establishes the balance outstanding on a specific date.

Does the expert establish who caused the loss?

No. The expert determines the size of the loss and whether it is documented; involvement of a particular person and questions of fault are for the court. The question should therefore read “what is the amount of loss caused by the transactions described”, not “did the director cause the loss”.

How do civil damages differ from harm in a criminal case?

In civil and commercial disputes damages consist of actual losses plus lost profit. In criminal proceedings the amount of material harm is usually confined to documented direct losses and affects both the qualification of the offence and the scope of the civil claim. The methods differ, and that should be reflected in how the question is framed.

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