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Financial crime

Read thoughts from Allen & Overy on financial crime issues in the context of financial services investigations.

FCA enforcement priorities during and after the pandemic

A number of weeks into the Covid-19 pandemic, the FCA has, as you would expect, produced guidance and information for firms, including warnings in this week’s Market Watch 63 about FCA expectations around market conduct. So have the FCA’s enforcement priorities changed? In short, no. But they have adjusted. The FCA’s Covid-19 webpage updates the Read More

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Watershed moment for prosecution of corporate crimes in Germany gets closer

Resistance has been futile. Although practitioners and academics strongly criticised a previous working draft, the German Federal Ministry of Justice has now formally published its proposal for a Corporate Sanctions Act (Verbandssanktionengesetz, the Draft Bill). The Draft Bill reflects some of the concerns that were raised about the previous draft (discussed here).  It has become Read More

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Amid falling markets, valuation challenges and mis-marking fraud risks rise

Amidst a troubled economy and falling public markets, private-equity firms and financial institutions are facing valuation challenges that may spell trouble with United States regulators. In early April, the Wall Street Journal reported that private-equity firms are grappling with how to assess the impact of the current economic turmoil on the value of the illiquid Read More

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Recognising and mitigating COVID-19 corruption risk

Legal and compliance professionals should consider how COVID-19 coronavirus may affect corruption risk under applicable anti-corruption laws, including the Foreign Corrupt Practices Act, and what steps may be taken to mitigate these risks even while large swaths of the company’s employees may be working remotely.  Some corruption risks are amplified in the current environment. Government Read More

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When criminal law affects your obligations to others

Looking back at 2019 there were a number of interesting English civil court rulings which highlighted the difficulties faced by a party trying to balance obligations (e.g. to a contractual counterparty, a customer or to the court) when there is suspected criminality or a clash with foreign criminal law.   Here are four which we found interesting: Read More

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