14 July 2024

"In mintea stramba si lucrul drept se stramba"
- parintele Arsenie BOCA

CIPRIAN BABAN, THE CYBERCRIME ATTORNEY – Renowned Legal Professional Ciprian Baban Excels in Cybercrime and Banking Law, Achieves Success in International Arbitration. His Unique Blend of Expertise Navigates Complex Legal Challenges, Demonstrated by Noteworthy Cases. Active Involvement with European Law Academy Enhances Continuous Professional Development and Promotes Good Application of EU Law

Scris de: L.J. | pdf | print

19 January 2024 11:09
Vizualizari: 13636

With over 18 years of legal expertise, I specialize in white-collar criminal law, focusing on cybercrimes, with a particular niche in banking law.

My interest in cybercrime stems from recognizing the evolving nature of criminal activities. Having spent a decade in Raiffeisen Bank, as outsourced attorney, I witnessed firsthand the increasing threats to the banking sector. This prompted me to specialize in the intersection of criminal and banking law, understanding the critical role cybersecurity plays in protecting financial institutions and their clients.

As banks developed and perfected antifraud measures, the fraudulent schemes became more and more sophisticated.

Apart from the IT sector, lawyers need to specialize in the tech field and understand the intricacies of both criminal behaviour and the measures to counteract. Anticipation is key and in order to be able to anticipate, one must possess the proper knowledge, both legal and technical

Simultaneously, I have developed a comprehensive practice in international arbitration, handling important clients in the economic sector from Romania and abroad.

Given my specialization, I've been invited to collaborate as a specialist alongside other legal teams or clients’ legal departments. However, in recent times, I've opted to work independently, handling cases comprehensively from initiation to resolution.

I began my legal career in 2005, and over the years, I've honed my skills in criminal law, specializing in white-collar crimes and banking law. Additionally, my involvement in International Arbitration has broadened my legal perspective, allowing me to navigate complex legal disputes on an international scale. Each case has been a steppingstone, contributing to my deep understanding of the intricacies of the legal system.

Having recently passed my Cambridge Proficency exam, I seemed attractive for law firms working with foreign clients, though mainly on real estate. After a while, I decided to move into litigation, and by 2009 I was already part of a litigation team of one of the greatest Law Firms. That is about the time I started moving into the banking sector, my collaboration with Raiffeisen Bank started and in parallel with other banks.

I also resumed my criminal practice started in Oradea, though applied at a corporate level, since most clients came from either the banking or corporate sector.

My first arbitration case was in 2010 at the Chamber of Commerce attached to Valcea Tribunal. Inspired by the procedures, the elegance of the discussions and the high level of professionalism, as compared to what I saw every day in regular courts, I decided I will pursue a career in this sector. Without leaving what I treasured most: criminal law and cybercrime – which gained more and more interest with every year. Crime became more sophisticated, but so did the methods to apprehend it.

As odd a combination as it may seem, one facet complements the other seamlessly. The convergence of commercial arbitration and criminal law, especially in the realms of cybercrime and white-collar crime, reflects the evolving nature of legal challenges in the modern business landscape

Of course, maintaining client confidentiality is paramount, but I've had the privilege of representing significant entities in the financial sector. My clientele /static major banks and corporations, where my expertise in criminal white-collar law, particularly in cyber-related matters, has proven invaluable.

Among the noteworthy clients and cases, I would like to highlight the a few:

UCO Tesatura (fraud case) – Member of the Vlerick Group, (a Belgian family-owned group with industrial and financial activities in existence for over 50 years. Vlerich family is one of the wealthiest and most respected families in Belgium, running several financial business, among which a Business School) UCO Tesatura Giurgiu is one of the mainstream denim manufacturers with a production capacity of over 7 million meters having the latest technology to manufacture denim garments.

It's been taken out of business by this fraud case. The case at hand, involving a fraud of over 7 million performed by the former CFE is an ongoing investigation. Its crucial point is that I have managed to recover the 500K Euro embezzled, before the trial ended. I will provide a full discosure of the investigations performed so far, so that Luju and its readers have a full view of one of the most elaborated schemes carried out in Romania. With shell companies (parasite companies), employed relatives and friends, fictitious contracts. We have used the services of a private intelligence detectives to dismantle the group.

Compania de Apa Oradea – the water supply company in Oradea was facing execution following a bifurcation procedure in an arbitration case. The sum amounted to millions and was jeopardizing the very existence of the company, and thus the city’s water supply. What needed to be done was holding on court procedures (challenges on enforcements with all array of legal stratagem) while, at the same time expediting the ICC arbitration procedures.

It lasted 6 months, during which hearings were set almost weekly in Oradea and Satu Mare courts. But the whole effort was worth it, because the arbitration was won and so the execution ceased, to the great satisfaction of the citizen of Oradea, the client, and of course, mine.

Termoficare Oradea – a case of manslaughter and non-compliance with occupational health and safety regulations. Defending the culprit company in such cases is most of the times mission impossible. However, I successfully secured an acquittal by presenting substantiating evidence demonstrating not only the lack of culpability on the part of the company but also establishing that the victim acted beyond the scope of its regulatory standing.

Industrialexport – huge arbitration case against Hidroelectrica, its object being the claim to pay just over 1 million, representing the outstanding balance of the equipment price comprising the segment valves, in accordance with the executed contract between the parties. The arbitration proceedings extended beyond the initially anticipated duration, spanning over a period exceeding 2 years; nevertheless, it concluded favorably, imposing upon the defendant, Hidroelectrica, the obligation to remit the stipulated amount as requested, plus interest and legal fees, of course.

Involvement with Legal Professional Institutions

The Academy of European Law (Europaische Rechtsakademie), or ERA, is a prestigious institution fostering legal excellence across Europe. As a member, I engage in continuous legal education, staying updated on the latest developments in European law. This affiliation enhances my ability to provide cutting-edge legal services, especially in the rapidly evolving field of cybercrime law.

Recently – and I really want to spread the word about this – I have also joined the Friends of ERA Association, which, brings together legal professionals who want to join their fellow practitioners from across Europe in promoting the good application of EU law. For over 20 years their members have been supporting the ERA scholarship programme, which has enabled more than 550 legal practitioners from EU Member States and candidate countries, where national and local funding is not available, to participate in the legal training they provide on European law.

As such, together with the other members of the Friends of ERA, I contribute to this project which enables financially constrained legal practitioners to improve their knowledge of EU law. In parallel to this, I can benefit from access to online conference documentation, invitation to Chapter meetings and, as I have just been let know, I will get to arbitrate one of their stages of moot courts they organize: European Young Lawyers Contest – a semifinal is going to be hosted here in Bucharest, and I will be judge on the panel.


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