Straight talk: criminal defence and compliance in AML cases | PARK Wirtschaftsstrafrecht White-collar crime

Legal Briefing

Quotes: ‘Money laundering is for drug dealers and terrorists. We do not have any exposure’; ‘We have never checked against AML lists. Competitors don’t do it. Why would we?’; ‘Lawyers just don’t understand business. That’s just scare tactics’; ‘Yeah, we do have compliance. They don’t generate any revenue’; ‘We here in compliance can preach. But …

Greece’s new breach of trust offence: key issues for boards | Ioannis Giannidis Law Firm

Legal Briefing

‘Breach of trust’, an equivalent to ‘Untreue’, ‘abus de confiance‘ or ‘abuse of position’, is a typical white-collar crime in Greece and the main source of criminal liability risk for the boards of directors (BoDs), CEOs and other officers holding a position of trust within a corporation. Hence, the recent amendments to the actus reus …

The greater good

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Matthew Scully, Clifford Chance: There are two things that I wanted to touch on: first, whether there is such a thing as a good culture – I would say there is no one good corporate culture for all businesses but there are perhaps some basic common features – and, second, the notion of ‘tone from …

US anti-corruption developments – 2019 in review | Diaz, Reus & Targ

Legal Briefing

Throughout 2019, the US Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) continued to actively investigate and prosecute individuals and corporations under the Foreign Corrupt Practices Act (FCPA) for suspected involvement with political corruption and/or bribery around the world. The US implemented further aggressive measures to fight corruption, including economic sanctions administered …

Our corporate soul

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‘If your boss demands loyalty, give him integrity. But if he demands integrity, then give him loyalty.’ USAF Colonel John Boyd, quoted in Boyd: The Fighter Pilot Who Changed the Art of War by Robert Coram

The justified limitation of associations’ powers in the fight against corruption | Darrois Villey Maillot Brochier

Legal Briefing

In France, the fight against the great scourges that are corruption, misappropriation of public funds and more generally white-collar crime has led to the emergence of non-governmental organisations (NGOs), constituted in the form of associations, who play the role of public accusers, a role traditionally held by the state prosecutor but without being subject to …

A different mindset

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Alex Novarese, The In-House Lawyer: It has been a record period for Asian activity into Europe. How do you see the general trends? Abhijit Mukhopadhyay, Hinduja Group: China is an issue, because the main difference between the Asian companies, European companies and Chinese companies is that Chinese companies are directly or indirectly state-owned. The second …

Options for internal investigations under Italian law and data protection issues | Cleary Gottlieb Steen & Hamilton

Legal Briefing

Following up on our previous article regarding internal investigations in Italy, issues that arise when the internal investigation concerns a white-collar crime are also worth addressing. When there is knowledge (or suspicion) that a crime has been committed within a company and a criminal proceeding is pending (or may be brought), internal investigations become particularly …

When the tide goes out

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There is a long-established truism among white-collar crime lawyers that when a country goes into a recession, financial crime rises to the surface. And with various reports suggesting Brexit uncertainty and low business confidence could tip the UK economy into a downturn, those specialists are predicting more work will hit desks soon.