Expert Guides - White Collar Crime

Recent Developments Relating to Corporate Investigations

The United States Department of Justice (DOJ) has recently indicated a softening of its approach to corporate prosecutions, with the Deputy Attorney General stating that the government “will not employ the hammer of criminal enforcement to extract unfair settlements” from corporations.

16/03/2018 Antonia M Apps, Milbank Tweed Hadley & McCloy, US

Public corruption prosecutions in the McDonnell era

The day will come when jurisprudence following the Supreme Court’s landmark decision in McDonnell v. United States, 136 S. Ct. 2355 (2016), will have developed to the point that legal scholars and professionals can write of “McDonnell and its progeny.”

16/03/2018 Henry W Asbill, Jones Day, US Kristin K Zinsmaster, Jones Day, US

WCC reforms in Ukraine: two steps forward, one step back

During the years following the Revolution of Dignity in 2014 reforms of Ukrainian legal framework, judiciary and law enforcement were driven by two key goals – fight against high level corruption and cutting of pressure on business from the law enforcement

16/03/2018 Sergiy Grebenyuk, Egorov Puginsky Afanasiev & Partners, Ukraine Orest Stasiuk, Egorov Puginsky Afanasiev & Partners, Ukraine

Recent updates in the field of suspicious transaction and activity reports

In the context of the fight against money laundering, Switzerland has implemented a suspicious transaction report (hereafter “STR”) and suspicious activity report (hereafter “SAR”) system that enables financial intermediaries, such as banks, to report suspicion to the Swiss Financial Intelligence...

16/03/2018 Benjamin Borsodi, Schellenberg Wittmer, Switzerland Sylvie Bertrand-Curreli, Schellenberg Wittmer, Switzerland

Compliance and enforcement: doing business in Serbia

There are different legal issues companies operating or planning to operate in Serbia should take notice of to prevent a potential wrongdoing, or navigate the case/mitigate the responsibility should the situation escalate

16/03/2018 Vladimir Hrle, Hrle Attorneys, Serbia

The fight against money laundering in Romania through the spectrum of implementation of Directive (EU) 2015/849

The chronological evolution of the Romanian legislation on the fight against money laundering in the light of European regulations

16/03/2018 Mihai Mares, Mares / Danilescu / Mares, Romania Adrian Sandru, Mares / Danilescu / Mares, Romania

Money laundering: the Portuguese way – from good intentions to reality check

Last September saw the coming into force in Portugal of Law No. 83/2017, which establishes anti-money laundering and terrorism financing measures, partially transposing Directive 2015/849/EU, of the European Parliament and of the Council, and Council Directive 2016/2258/EU (the so called 4th...

16/03/2018 Rui Patrício, Morais Leitão Galvão Teles Soares da Silva, Portugal Filipa Marques Júnior, Morais Leitão Galvão Teles Soares da Silva, Portugal

New German government plans to introduce harsher “Corporate Sanctions”

The new German government plans to introduce harsher sanctions on companies. In addition to various new rules in the judicial sector, the governing parties CDU, CSU and SPD provide for fundamental changes to the law on corporate sanctions in their coalition agreement in order to strengthen the rule...

16/03/2018 André-M Szesny, Heuking Kühn Lüer Wojtek, Germany Anna Coenen, Heuking Kühn Lüer Wojtek, Germany

The emergence of compliance in France

For a long time, compliance in France was limited to anti-money laundering

16/03/2018 Antonin Levy, Hogan Lovells, France Ophelia Claude, Hogan Lovells, France

Recent developments in financial crimes in Singapore

The latest white-collar crime developments in Singapore have sparked off public reactions with several high-profile money-laundering and graft cases involving Singapore government-linked entities and individuals

16/03/2018 Hamidul Haq, Rajah & Tann, Singapore

Australia: White collar crime

White collar crime and the targeting of corporate misconduct has finally been given serious attention by the Australian Government

16/03/2018 Robert Wyld, Johnson Winter & Slattery, Australia

Manipulating the stock market

Manipulating the stock market can be done in a variety of manners, and the law has sought to identify and curb stock market manipulation by prohibiting certain actions

15/03/2016 Gerallt Owen, Withers KhattarWong, Singapore Tania Chin, Withers KhattarWong, Singapore Shashi Nathan, Withers KhattarWong, Singapore Jeremy Pereira, Withers KhattarWong, Singapore

The UAE: An Anti-Corruption Update

The past 12 months have seen two key developments in the United Arab Emirates (UAE) in the anti-corruption field

15/03/2016 Adam Vause, DLA Piper, United Arab Emirates Eamon Holley, DLA Piper, United Arab Emirates Sharif Hamadeh, DLA Piper, United Arab Emirates

White-collar crime in Portugal: risks and challenges

With an economy that is still fragile and trying to define the right way out of the financial crisis that led to the intervention of the IMF/European Commission in the middle of 2011, any analysis of white-collar crime in Portugal is dominated by the investigations relating to the main financial...

15/03/2016 João Medeiros, PLMJ, Portugal Paulo Farinha Alves, PLMJ, Portugal

Conflict between the Department of Justice and the US Supreme Court – A current trend in American law

In recent years, federal prosecutors in the United States have targeted individuals using extremely broad—and sometimes counter-intuitive—theories of federal criminal law

22/01/2016 Henry W Asbill, Jones Day, US James Burnham, Jones Day, US

The US Department of Justice’s new policy initiative targeting corporate officers and employees

The United States Department of Justice (“DOJ”) recently adopted new policies and procedures relating to its investigation and prosecution of corporate wrongdoing

22/01/2016 Lawrence J Zweifach, Gibson Dunn & Crutcher, US

Recent white collar crime developments

The latter part of 2015 has witnessed some important developments in the area of corporate crime. Here are the main highlights from my perspective.

22/01/2016 Stephen Parkinson, Kingsley Napley, United Kingdom

Outlook on Recent Developments in Swiss Corporate Criminal Liability

Swiss corporate criminal liability entered into force on 1 October 2003 with the enactment of article 102 of the Swiss Criminal Code ("SCC")

22/01/2016 Benjamin Borsodi, Schellenberg Wittmer, Switzerland

Filling the gaps of French white collar crime regulation

In a context where France is regularly criticized for the lack of efficiency of its white collar crime regulation and where, on the contrary, the US FCPA – one could also mention the UK Bribery Act – is used to regulate conducts that have but a tangential link with the United States, France appears...

22/01/2016 Antonin Levy, Hogan Lovells, France

Conducting business in Canada: Navigating Canada’s anti-corruption laws

Canada has actively been taking steps to develop its anti-corruption landscape, including the implementation of new laws and policies designed to compliment Canada's equivalent of the U.K. Bribery Act, the Corruption of Foreign Public Officials Act (“CFPOA”)

22/01/2016 Mark A Morrison, Blake Cassels & Graydon, Canada Michael Dixon, Blake Cassels & Graydon, Canada James Reid, Blake Cassels & Graydon, Canada

The case of Evans and lessons for the SFO

These are testing times for the Serious Fraud Office (SFO). In November last year, in a case called R v Evans, the SFO sought a voluntary bill of indictment (VBI) against six individuals on allegations of conspiracy to defraud, having seen the original charges arising out of the same transactions...

31/03/2015 Andrew Smith, Corker Binning, United Kingdom Peter Binning, Corker Binning, United Kingdom

Corporate fraud in the Southern Cone of the Americas

Preventing and combating unlawful economic activity are extremely difficult tasks for countries in South America. They have been compelled to establish universal principles aiming at guaranteeing an efficient preventive combat of corporate fraud.

Moreover, the obvious failure of states in the region...

01/03/2014 Roberto Durrieu Figueroa, Estudio Durrieu Abogados, Argentina

What price a DPA?

From February 24 2014, Deferred Prosecution Agreements (DPAs) became available to the UK Serious Fraud Office (SFO) as a way to deal with corporate criminal cases relating to fraud, corruption and money laundering, without the need for a finding of guilt. It is the Director of the SFO who will...

01/03/2014 Neil Gerrard, Dechert, United Kingdom Jonathan Pickworth, White & Case, United Kingdom Caroline Black, Dechert, United Kingdom Anneka Randhawa, Dechert, United Kingdom

Germany: Brief overview on recent anti-corruption legislation

Over the last years, German corruption scandals increasingly attracted national and international media attention. This clearly culminated in the almost daily press releases reporting on the corruption charges of the former Federal President of Germany, Christian Wulff. He was incriminated in April...

01/03/2014 Daniel Gutman, Knierim & Krug, Germany Anna Oehmichen, Knierim & Krug, Germany

Belgium: the possibility to settle cases under Belgian criminal law

The possibility to settle cases under Belgian criminal law was drastically changed by the laws of April 14 2011 and July 11 2011 modifying Article 216bis of the criminal code. With these laws the legislator intended to guarantee that criminal offenders be punished within a socially acceptable time...

01/03/2014 Johan Verbist, Verbist & Vanlerberghe Omega Law, Belgium

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