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Cross-border issues

Read Allen & Overy’s latest thoughts on cross-border issues affecting financial services investigations.

The French anti-corruption policy: more settlements with corporations and harsher prosecutions against individuals

Recent guidelines from the French Minister of Justice reveal a heightened willingness of French authorities to combat corruption-related offences and to prosecute more individuals. The guidance, contained in a Circular, also strongly encourages corporations to voluntarily self-disclose internal suspicions of corrupt practices. A call for self-reporting The Circular calls for self-reporting by corporations, stressing that Read More

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Regulatory focus on senior management accountability in Asia – a victim of Covid-19 coronavirus?

For many years, regulators across the globe have been extolling the importance of senior management accountability and an appropriate culture for financial institutions. In the Asia-Pacific region, the Securities Futures Commission (SFC) led the vanguard with the introduction of its Manager In Charge regime in 2017. This was followed by regulators in Australia and Singapore Read More

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SEC being forced to change its enforcement approach

In a conversation with A&O partner and former SEC Enforcement Official Bill White, Billy Jacobson explores the Supreme Court’s decision in SEC v. Liu decided in late June 2020, and two other recent Supreme Court decisions which are already having an impact on the SEC’s ability to bring cases going forward. To listen to the podcast click here. Read More

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Direct access – a sea change in data gathering in UK/U.S. criminal investigations

A new UK/U.S. bilateral agreement for accessing electronic data in cases of serious crime, which was negotiated and released in autumn 2019, is about to enter into force. The Agreement represents a sea change in cross-border investigations.  The Agreement permits criminal authorities in each country to obtain electronic data directly from a range of telecommunications Read More

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Cross-border information sharing within corporate groups

The UK HM Treasury and Home Office have issued a joint statement and guidance on cross-border information-sharing within corporate groups for the purpose of combating economic crime. Echoing the previous sentiments of the Economic Crime Plan 2019, the guidance makes clear that effective and diligent practice in intra-group cross-border data sharing is critical for identifying Read More

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