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legal problems offshore company

#41
Let‘s begin with something to think about: if you think that you don’t have to worry, why are you setting up such a structure?

You are on the dark side of life and you have made mistakes. Face it.

My legal advice? Get a lawyer in your country (most likely Italy?) right now. Why do you even waste time and try to justify your mistakes on here? If you do something illegal, you have to prepare everything like a pro. Your attempt was Russian roulette with leaving traces everywhere. Your lawyer can file for insight and see what‘s really going on.

Seychelles won’t protect you. Your EMI won’t protect you. Your name is everywhere and since you are shareholder, you can claim as much as you want that you are innocent. As a shareholder and manager (this is what you are, you get involved in the daily business), you have to know what is going on, what you are promoting, what you are selling.

So when they come up and ask you what you got paid for ,,website marketing“, what are you going to show them?

Seriously. Get a lawyer now. And start to realize that you fvcked up - because it seems like you haven’t realized that.
 
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#42
if they ask me what I have been paid for, the answer is: cosmetics or medical devices that do not require a prescription, because on the website 90% of the products do not require a prescription and are completely legal, the mistake of inserting products was made wrong without knowing local laws. In any case, how would you structure a company structure in this sector? do you think it is really necessary to move the residence to another country or is it possible to manage everything from my country with due caution?

moreover, if the website is transferred to an offshore hosting in asia, can my country's prosecutor also block the hosting and domain and retrieve my information?
 
#43
Get a lawyer. Prepare for the worst, hope for the best.

jovicremo said:
if they ask me what I have been paid for, the answer is: cosmetics or medical devices that do not require a prescription, because on the website 90% of the products do not require a prescription and are completely legal, the mistake of inserting products was made wrong without knowing local laws.
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Ignorance doesn't protect you from legal liability, especially when we're talking about selling medical equipment.

jovicremo said:
In any case, how would you structure a company structure in this sector?
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Together with a lawyer who knows the industry and without any physical or financial connections to countries where it's illegal. Generally, avoid anything illegal. You'll sleep better at night.

jovicremo said:
do you think it is really necessary to move the residence to another country or is it possible to manage everything from my country with due caution?
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Is it possible? Yes, but very risky.

Is it possible for you? No, you have so far not shown yourself capable.

jovicremo said:
moreover, if the website is transferred to an offshore hosting in asia, can my country's prosecutor also block the hosting and domain and retrieve my information?
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They can block it, yes. That's done by contacting local ISPs. Take it down or extract information is another matter. They might be able to under some form of MLAT, or just applying pressure.
 
#44
jovicremo said:
if they ask me what I have been paid for, the answer is: cosmetics or medical devices that do not require a prescription, because on the website 90% of the products do not require a prescription and are completely legal, the mistake of inserting products was made wrong without knowing local laws. In any case, how would you structure a company structure in this sector? do you think it is really necessary to move the residence to another country or is it possible to manage everything from my country with due caution?

moreover, if the website is transferred to an offshore hosting in asia, can my country's prosecutor also block the hosting and domain and retrieve my information?
Click to expand...

You have asked for advice.
The advice has been unanimous. Things are not looking good, be careful, get professional advice.
You argue things are ok.

How much money are you making that you want to keep preserving with this business?If it is that good, move away to some tropical island paradise and live out your days there with all your money and sleep well at night.

Have you checked out what the risk is? If you are caught and charged with running this business? Fines? Prison time? Are you prepared to accept that for the money you are making? Is it worth it to you?
 
#51
JustAnotherNomad said:
Most likely, they are even monitoring everything you’re doing online now. They might well catch you just based on what you wrote here.
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They can check your traffic and find out at what time are you posting here. Depends on how serious is the case and their workload
 
#52
jovicremo said:
if they ask me what I have been paid for, the answer is: cosmetics or medical devices that do not require a prescription, because on the website 90% of the products do not require a prescription and are completely legal, the mistake of inserting products was made wrong without knowing local laws. In any case, how would you structure a company structure in this sector? do you think it is really necessary to move the residence to another country or is it possible to manage everything from my country with due caution?

moreover, if the website is transferred to an offshore hosting in asia, can my country's prosecutor also block the hosting and domain and retrieve my information?
Click to expand...
1. I haven't seen the charges, but as I said, they are going to take the position that your company is a fictitious structure, and look at actual control and operations. If you are in Italy and selling products, running a website in Italy, advertising a product for sale, they may take the position that you are distributing the product from Italy because part of sale and distribution is the operation of the website. You do not need to be physically selling products in Italy to be accused or possibly convicted of a crime, depending on the law. If you claim the product was never for sale, they may then hit you with false advertising and fraud.
2. I would be very surprised that a prosecutor would dedicate all the resources of interviewing you, accusing you, getting an order to seize your website and not have even 1 single agent or officer get you with a sale charge. Prosecutors know that criminals can be slippery, defence lawyers good, so they usually don't bring cases unless they are near iron clad. It is why many people commit crimes and get off, but don't get caught until they engage in a repeated series of crimes. If you do one fraud, you are very unlikely to be punished. If you do it 20 times, that is when they catch you. It is like that show Locked Up Abroad, most people are caught smuggling drugs on the 3rd, 4th, 5th time when customs gets suspicious of the American visiting Peru 3 times in 9 months when most Americans will visit once and never come back.

3. I would structure the company to be in some country where the sale was not illegal and the prosecutor was very weak and overwhelmed with real crime like murder, rape, etc. to be concerned about someone selling botox to idiots online. If I was making my money online, I'd move to Seychelles or some other low cost, low tax island. Why would I stay in a high tax hell hole if I didn't have to?

4. I also want to reitierate you have no clue how stupid you are. If someone high profile bought your botox in some shithole country, and an idiot mislabelled, diluted, mixed it and resold it then causing someone to die, they might be looking you blame you for murder or some kind of lesser homicide charge like negligent homicide. If selling that botox without a license is a serious crime equivalent to a felony (1 year or more in prison) and that caused the person to die, they might then turn around and charge you with felony murder, even though its not your fault.

5. The presumption should be law enforcement in different nations will generally work together. For every criminal from the EU running to hide in Asia there are 10 Asian crooks hiding in EU with stolen gov't money. The Asian prosecutors will role over all your s**t to the EU guys so they can get access to the 100 Chinese guys who stole billions from Chinese State Owned Enterprises and disappeared into the EU.
 
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#54
Dude you are so fucked even 007 cant help you.

Things you need to do are in the order below
1."SHUT THE f**k UP!!!"
2. Tidy up your s**t.
3. Your fingerprints are all over the ship so you need to find a way to sink it.
4. Obviously the product is your best seller so if you are intending on continuing to sell it then do it properly.
a. Find a jurisdiction that it is legal to sell it from
b. Set your position up properly so you are ndver handling the products.
c. Pay someone to be your proxy and if its not worth paying someone then its not worth doing it.

If you cant do any of these then either pack up and move or go get a job.

If you sought advice from a professional before you started then you wouldn't be in this mess. It doesn't matter what EU country your in. You're in the EU and that is why your in deep s**t.

You could have kept the whole thing based in Korea and even had the laboratory take the orders and process them for you on some type of whitelable agreement. Greed got the better of you buddy.

Just like @Sols said, you dont get WiFi in prison.
 
#55
jovicremo said:
hi everyone, if i have an offshore company and i sell through an ecommerce website administered by my country, medical devices that are not approved in my country (i am european) and that are shipped from asia, so what laws should i respect?

should I respect the laws of my country just because I manage the website from my country?

I am under investigation and risk high penalties and criminal problems
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Hi Jovicremo, one of the main problems is that you manage the website from your country.

Most of European countries (France, Spain and especially Italy) have very high penalty on tax inversion (in Italian you should referred to that as "esterovestizione"), and they shift the burden on proof on you.

A battle you should fight in court would be about this. If you could offer evidences that you did not manage it from your country would be a strong point in favor of you.

Further more, there is also a problem with the selling of not approved medical devices (that has criminal consequences).

Seychelles had many many disadvantage. Whoever suggest you that solution should update, because the country recently signed many many oecd agreements and is also a CRS country now (bank account datas are given to the country of the beneficial owner).

You are going to need an hell of a lawyer to come out of this (and I know only one firm in that country that I would trust for something like this, so I don't think you have a lot of professionals to choose from), and you should anyway start to look right now into relocation of yourself and your asset just to be sure you have a plan B in order to protect your assets (and most likely your freedom).

Disclaimer: just my opinion, don't take this like advise. Consult your advisors.
 
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#58
jovicremo said:
I am under investigation and risk high penalties and criminal problems
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that's a bad situation to get any business started on. How is it going with you so far? I would say that you will need to find a lawyer that is able to help you sort out your situation before you get involved in anything new.
 
#59
clemens said:
that's a bad situation to get any business started on. How is it going with you so far? I would say that you will need to find a lawyer that is able to help you sort out your situation before you get involved in anything new.
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Well, he did not post since July... maybe s**t hit the fan?
 
#60
JackAlabama said:
Well, he did not post since July... maybe s**t hit the fan?
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Damn man, why people are so greedy like this?.. like literally WTF?. Why live in the EU in the first place if you can't manage your business structure properly Specially If you're doing something illegal.

That's why I'm asking about the tax laws before moving to estonia even though my businesses are legal and compliant. i don't want any shitty officer knocking at my door in 3 am. That's why you ask before doing anything, specially If you are doing something stupid/illegal.

he said that his business is legal in asia but not in the EU. So why didn't he move to Asia (Singapore, Malaysia, Thailand, Hong Kong...etc) they are all fucking gold. territorial taxation and just life there is so beautiful. Absofuckinglutely beautiful. For me Asia is the past, the present and the future. Banks, Silver/Gold Vaults, Cryptos, Real estate. Damn every fucking thing is good there and every thing just works if you live in Hong Kong or any one of the ASEAN countries.

Forgive me but I just can't wrap my head about why he didn't move!? even if he had family he can visit them every year and spend some quality time with them. I don't know man, maybe I'm missing something.

Sorry, i just had the Urge to ask after reading all his replies to this post. He really thinks that they have nothing on him. why do he think that they have nothing on him? Am i missing something
 
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