Untreue beim Unternehmenskauf

The thesis examines the conditions under which the criminal offense of embezzlement (Section 266 of the German Criminal Code - StGB) can be commited in the context of mergers and acquisitions. It is divided into two parts. The first part focuses on the question whether the crime can be committed to the detriment of corporate partnerships, which play a significant role in the transaction process. The second part examines the key players and the process of a typical private equity transaction and assesses potential criminal liability risks in light of Section 266 StGB. The author practises as an attorney specializing in mergers and acquisitions at a major U.S. law firm.