Asset recovery and criminal compliance programs in Spain - Interview with Héctor Sbert

Victims as Prosecutors – Spain's Blueprint for Recovering Crypto
Fraud Assets According to the FBI, crypto fraud is now the largest
category of fraud by dollar losses. The victims it leaves behind
rarely only strive for a criminal conviction — they want their
money back. That gives them a strong interest in actively taking
part in the proceedings. Yet in many jurisdictions that interest
goes unmet: countries like Germany grant victims certain rights but
no active role in the investigation. Spain takes a markedly
different approach. That's why Mirjam Steinfeld invited Héctor
Sbert from ECIJA in Barcelona onto the Criminal Compliance Podcast
— to unpack this and other differences between the Spanish and
German legal systems. Starting with the basics of Spain's mixed
inquisitorial-adversarial criminal procedure and the roles of the
Ministerio Fiscal and the Juez de Instrucción, Héctor Sbert
explains why victims acting as acusadores particulares can drive
proceedings forward in a way that Germany's Nebenklage rarely
achieves. The conversation also turns to ORGA, Spain's Asset
Recovery and Management Office, to corporate criminal liability
under Article 31 bis of the Código Penal, and to the compliance
structures that can shield companies caught between victim and
defendant roles. A rare comparative look at what a genuinely
victim-driven system of asset recovery can achieve — and where it
reaches its limits. Listen here to the episode “Crypto
Investigations”
https://criminal-compliance.podigee.io/142-neue-episode Mirjam
Steinfeld in conversation with: Héctor Sbert is a Partner at ECIJA,
a leading Ibero-American law firm, based in the Barcelona office.
He holds a Ph.D. in Law from Universitat Pompeu Fabra and an
Executive MBA from IESE Business School. As a commercial litigator,
Héctor advises national and international clients on enforcement
proceedings, distressed debt settlement, contentious insolvency and
cross-border dispute resolution. A particular focus of his practice
lies in asset tracing and recovery, commercial fraud and
cybersecurity, including litigation involving cryptocurrencies and
fraud linked to non-conventional assets such as wine, art and
collectibles. Alongside his legal practice, Héctor is active in
numerous professional bodies, e.g. ICC FraudNet and the
International Bar Associ-ation (IBA). Héctor Sbert can be reached
at: hsbert@ecija.com or + 34 933 808 255.
https://rosinus-on-air.com/en/ https://rosinus-partner.com/en/