Current and emerging issues for in-house investigations lawyers

The selection includes the need to tread very carefully when authorities from a number of jurisdictions are involved.  We have for example seen instances of one authority ‘piggy backing’ on another authority’s interviews, outside its jurisdiction. There are also difficulties when there is a Chinese nexus with an investigation due to the evolving legislative picture there concerning cooperation with investigations by non-Chinese authorities.

Another emerging trend is enforcement against the perceived facilitators of financial crime. Whilst we have for a while seen professional services and financial services in the cross hairs of enforcement authorities, we now see telecoms companies  in the frame given their role as communications service providers. Recent fines relating to financial sanctions breaches, and legislative developments regarding access to customer data, shows that they are clearly in the sights of some agencies.

Read more in the Allen & Overy Cross-Border White Collar Crime and Investigations Review.