Criminal

A new approach to enforcement of UK sanctions?

Thomas Cusworth

On 31 March 2016 the UK Office of Financial Sanctions Implementation (OFSI), part of HM Treasury (HMT), opened. As noted in our publication on 17 May 2016, this may herald more aggressive enforcement against breaches of the financial sanctions regime in the UK. OFSI has been created to administer and enforce UK sanctions and has Read More

No Comments

Settlement opportunities in France: Change on the horizon?

Dan Benguigui

Legislation recently (or about to be) adopted in France will strengthen the French legal systems’ opportunities to settle white collar investigations.   The “Sapin II” Bill Named after France’s Minister of Finance, Michel Sapin, the bill adopted by France’s National Assembly on 14 June 2016 and currently examined by the Senate, will introduce a new Read More

No Comments

Excluding lawyers from section 2 interviews: Has the SFO gone too far?

Sarah Hitchins

It has usually been taken for granted that an individual who is required to attend an interview with a UK regulator or authority can be accompanied by a lawyer of their choice. That is until now. The other week, the UK Serious Fraud Office (SFO) published new guidance regarding when lawyers will be permitted to Read More

No Comments

Key insights for international firms from the latest SEC & DOJ FCPA investigations

Alex Corey

On June 7, 2016, the U.S. Securities and Exchange Commission (SEC) entered into non-prosecution agreements (NPAs) with two unrelated U.S. companies in relation to Foreign Corrupt Practices Act (FCPA) misconduct. This is only the second time that the SEC has used NPAs to deal with FCPA misconduct. In a rare move, the U.S. Department of Read More

One comment

An ‘intent to deceive’ is all you need…

Alexander Bussey

An ‘intent to deceive’ is all you need. So held the United States Court of Appeals for the Second Circuit in the recent case of United States v. Tagliaferri, which focused on clarifying the intent required for a criminal conviction of the anti-fraud provisions in the Investment Advisers Act of 1940 (the 1940 Act). An Read More

No Comments