Internal investigations and public enforcement: challenges under Italian law

White-Collar Crime | 12 December 2017

Internal investigations and public enforcement actions pose significant legal challenges for companies. The inherent multidisciplinary nature of the most frequent issues, which requires an in-depth knowledge not only of the laws and regulations of the relevant industry, but also of criminal, corporate, contract, data protection and labour law (often in more than one jurisdiction), increases these challenges.

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Regulatory investigations by the Central Bank of Ireland

White-Collar Crime | 12 December 2017

In recent years the size of the administrative fines imposed by the Central Bank of Ireland (CBI) in enforcement cases has significantly increased. This article gives an overview of the CBI’s enforcement regime, including the compulsory information gathering-powers that the CBI has at its disposal and the scenarios in which these powers could be used in respect of UK-authorised firms. [Continue Reading]

The structure of an internal investigation

White-Collar Crime | 12 December 2017

Internal investigations can be challenging – they are fast paced, highly sensitive, completely confidential and necessitate strategic choices at every turn. They require a steady hand at the helm, guided by the most accurate and precise information available at the time. Internal investigations combine a number of skills such as crisis management, damage control and remedial procedure implementation. A strong infrastructure, experience and expertise are also beneficial in extracting, processing and reviewing data. In this sense, perfecting internal investigations is perfecting the collection of information and its flow to the company’s decision-maker.

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Criminal Finances Act: another change to the corporate legal landscape

White-Collar Crime | 12 December 2017

With investigations such as the Paradise Papers and LuxLeaks placing tax arrangements squarely under the spotlight, it seems clear that businesses as well as wealthy individuals need to consider tax planning from a reputational as well as a legal perspective. In the eyes of the public, there is scant difference between tax evasion and aggressive tax avoidance.

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Company investigations: a ten-point plan

White-Collar Crime | 12 December 2017

When a company learns that there may have been serious misconduct within the organisation, one option is for it to conduct its own internal investigation to establish what has happened, who is liable and how to make sure that it does not happen again. A company investigation may take place either instead of or in tandem with an investigation by the police or other investigating authority. [Continue Reading]

White collar and related investigations – the trends you need to know

White-Collar Crime | 12 December 2017

Political and public pressures continue to drive significant changes in the approach to criminal corporate enforcement throughout the world. The UK has proved no exception and in September 2017 the Criminal Finances Act 2017 created another strict liability criminal offence for businesses, for failing to prevent facilitation of UK or foreign tax evasion. [Continue Reading]