The Situation: After a year of debate, the Economic Crime and Corporate Transparency Act (the "Act") was passed into law on 26 October 2023....more
11/7/2023
/ Corporate Crimes ,
Corporate Entities ,
Corporate Governance ,
Corporate Transparency Act ,
Criminal Liability ,
Failure to Prevent ,
Financial Crimes ,
Fraud ,
Investigations ,
Regulatory Agenda ,
UK ,
UK Bribery Act ,
White Collar Crimes
In light of the DOJ’s most recent guidance on the use of personal devices and third-party messaging applications by corporate personnel, this White Paper addresses issues and challenges that companies are facing in this area...more
10/18/2023
/ CFTC ,
Compliance ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Department of Justice (DOJ) ,
Electronic Communications ,
Financial Industry Regulatory Authority (FINRA) ,
Guidance Update ,
Instant Messaging Apps ,
Mobile Devices ,
Policies and Procedures ,
Securities and Exchange Commission (SEC) ,
White Collar Crimes ,
Workplace Communication
In Short -
The Situation: Following years of lobbying by senior prosecutors and other commentators, the UK government seems set to introduce an offence of a corporate failing to prevent economic crime....more
The Issue: The UK Supreme Court was asked to decide whether section 2 of the Criminal Justice Act 1987 granted the Serious Fraud Office ("SFO") powers to compel the production of documents held outside the United Kingdom. ...more
The Situation: On 6 July 2020, the United Kingdom announced its first set of independent sanctions, following its departure from the European Union. The new sanctions focus on individuals and entities identified by the UK...more
The Situation: High-profile money laundering incidents have caught the attention of lawmakers and enforcement authorities in the United Kingdom.
The Result: A new director at the Serious Fraud Office ("SFO"), the formation...more
6/26/2018
/ Anti-Money Laundering ,
Criminal Investigations ,
Deferred Prosecution Agreements ,
Financial Crimes ,
Financial Institutions ,
Foreign Corporations ,
Money Laundering ,
National Economic Crime Center (NECC) ,
Serious Fraud Office (SFO) ,
UK ,
Unexplained Wealth Orders (UWOs)
The Situation: Anticorruption legislation passed by French lawmakers in 2016 authorizes the resolution of a corruption matter by means of a "convention judiciaire d'intérêt public" ("CJIP"), the French version of a deferred...more
4/30/2018
/ Anti-Corruption ,
Bribery ,
CJIP ,
Criminal Investigations ,
Criminal Liability ,
Deferred Prosecution Agreements ,
Enforcement Actions ,
European Court of Human Rights ,
France ,
French Supreme Court ,
Sapin II
The Situation: The French Anti-Corruption Agency has published the questions and documentation that companies will be expected to answer and provide when inspected by the Agency.
The Result: The French Anti-Corruption...more