Tag Archives: Corporate Crime

High Court refuses permission for collateral use of disclosed documents and witness statements to respond to US grand jury subpoena

In a decision illustrating the court’s strict approach to the rule prohibiting the use of disclosed documents and witness statements for a collateral purpose, the High Court has refused a party permission to provide disclosed documents and witness statements to … Continue reading

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Filed under Commercial Litigation, Corporate Crime, Investigations, UK, US

Anti-money laundering regulatory round-up

Author: Susannah Cogman Late 2018 and early 2019 saw a flurry of regulatory developments and proposals relating to anti-money laundering. We have reported on these in brief in our regular corporate crime updates, but for those who have been – … Continue reading

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Filed under Corporate Crime, EU, Europe, European Regulation, FCA, Regulatory Reform, Sanctions and Money Laundering, UK, UK Regulations, Uncategorized

OFSI imposes its first monetary penalty — Raphaels Bank sanctions breach

Authors: Daniel Hudson, Partner, London and Daniel Hyde, Associate (Australia), London On 25 February 2019, the UK Government’s Office of Financial Sanctions Implementation (“OFSI”) published a notification of its first imposition of a monetary penalty under new powers afforded to … Continue reading

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Filed under Corporate Crime, HM Treasury, Sanctions and Money Laundering, UK, UK Legislation

The importance of supply chain due diligence and the risks of modern slavery – OFAC settles North Korean sanctions case with fine

Authors: Kyle Wombolt, Jeremy Birch, Antony Crockett and Emily Purvis. A recent enforcement action by the US Department of the Treasury’s Office of Foreign Assets Control (OFAC) against US company e.l.f Cosmetics Inc (ELF) highlights the importance of supply chain due … Continue reading

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Filed under Bribery and Corruption, Corporate Crime, Investigations, Korea, Sanctions and Money Laundering, US

Whistleblower reform in Australia – new legislation enacted

Whistleblower reform is underway in Australia after the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2017 (Bill) was passed on 19 February 2019. The new law is likely to commence on 1 July 2019, assuming Royal Assent is given by … Continue reading

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Filed under ASIC, Australia, Corporate Crime, Draft Legislation, Investigations, Non-UK regulation, Regulatory Reform

HERBERT SMITH FREEHILLS’ 2019 GUIDE TO CORPORATE INVESTIGATIONS IN CHINA

Authors: Kyle Wombolt and Anita Phillips Kyle Wombolt, global head of corporate crime and investigations, and Anita Phillips, professional support consultant, have updated their guide to corporate investigations in China. This forms part of GIR’s acclaimed text, The Practitioner’s Guide to … Continue reading

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Filed under Asia, China, Corporate Crime, Investigations, Sanctions and Money Laundering

High Court orders disclosure of SFO documents in s.90A FSMA shareholder class action

In a recent decision, the High Court has ordered that documents provided to Tesco plc (“Tesco“) by the SFO for the purpose of negotiating a deferred prosecution agreement (“DPA“) must be disclosed by Tesco in the separate civil action relating … Continue reading

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Filed under Commercial Litigation, Corporate Crime, Investigations, UK

OFAC Imposes Blocking Sanctions on PdVSA

Authors: Susannah Cogman, Partner, London; Daniel Hudson, Partner, London; Jonathan Cross, Counsel, New York; Geng Li, Associate, New York; and Christopher Milazzo, Associate, New York. On January 28, 2019, the US Department of the Treasury’s Office of Foreign Assets Control … Continue reading

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Filed under Americas, Corporate Crime, Herbert Smith Freehills, Latin America, Sanctions and Money Laundering, Sector Updates by Herbert Smith Freehills, US

US Appellate Court Rejects DOJ’s Expansive Use of Conspiracy for FCPA Jurisdiction

On August 24, 2018, the Second Circuit Court of Appeals rejected the government’s broad interpretation of the jurisdictional reach of the Foreign Corrupt Practices Act (“FCPA”) and held the government could not use aiding and abetting and conspiracy theories to … Continue reading

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Filed under Americas, Bribery and Corruption, Corporate Crime, Investigations, Non-UK regulation, US

Corporate Crime update – June 2018

Welcome to the June 2018 edition of our corporate crime update – our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters. For the full update on each jurisdiction, please click on the name of the jurisdiction below. Below … Continue reading

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Filed under Announcements, Asia, Bribery and Corruption, China, Corporate Crime, Dubai, EU, Europe, Germany, Herbert Smith Freehills, Hong Kong, Indonesia, Investigations, Korea, Middle East, Sanctions and Money Laundering, Sector Updates by Herbert Smith Freehills, Thailand, UK Government, US, Vietnam