Tag Archives: Investigations

China’s new law on judicial assistance in criminal matters will impact investigations

The People’s Republic of China recently enacted a new law that will impact foreign authorities, corporations and individuals involved in overseas criminal enforcement actions. The Law on International Judicial Assistance in Criminal Matters allows Chinese authorities to block requests for … Continue reading

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Filed under Announcements, China, Sector Updates by Herbert Smith Freehills

Navigating data privacy laws in multi-jurisdictional investigations

Our investigations team has published an article for Thomson Reuters Regulatory Intelligence looking at the impact of data privacy laws on investigations in Asia. This also summarises the potential impact of Europe’s GDPR and what else is on the horizon … Continue reading

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Filed under Announcements, Asia, China, Corporate Crime, Hong Kong, Investigations, Sector Updates by Herbert Smith Freehills

HKMA endorses benefits of cooperation

The Hong Kong Monetary Authority (HKMA) has recently released its first Guidance Note on Cooperation with the HKMA in Investigations and Enforcement Proceedings. In releasing the guidance note, the HKMA has expressly signalled its desire to encourage and facilitate cooperation, … Continue reading

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Filed under Announcements, Bribery and Corruption, Corporate Crime, Hong Kong, Sector Updates by Herbert Smith Freehills

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

TAX ENFORCERS UNITE AGAINST INTERNATIONAL TAX CRIME: ENABLERS, CRYPTOCURRENCIES AND CYBERCRIME ARE PRIORITIES

Tax authorities in the UK, the USA, Canada, Australia and the Netherlands have joined forces to launch the Joint Chiefs of Global Tax Enforcement, or “J5” alliance against transnational tax crime and money laundering.

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Filed under Announcements, Bribery and Corruption, Corporate Crime, Investigations, Sanctions and Money Laundering, Sector Updates by Herbert Smith Freehills

Corporate Crime update – March 2018

Welcome to the March 2018 edition of our corporate crime update – our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters. Our update now covers a number of jurisdictions. For the full update on each jurisdiction, … Continue reading

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Filed under Asia, Australia, Bribery and Corruption, Corporate Crime, Draft Legislation, Europe, Herbert Smith Freehills, HM Treasury, Investigations, Sanctions and Money Laundering, Sector Updates by Herbert Smith Freehills

Corporate Crime update – February 2018

Welcome to the February 2018 edition of our corporate crime update – our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters. Our update now covers a number of jurisdictions. For the full update on each jurisdiction, … Continue reading

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Filed under Bribery and Corruption, China, Corporate Crime, Dubai, EU, Europe, Germany, Hong Kong, India, Investigations, Japan, Malaysia, Middle East, Sanctions and Money Laundering, Sector Updates by Herbert Smith Freehills, Thailand, UK, US

High Court decision supports orthodox view of litigation privilege in an investigations context

The High Court has found that documents prepared by a defendant in the course of an investigation into allegations by HMRC were protected by litigation privilege: Bilta (UK) Ltd (in liquidation) & ors v Royal Bank of Scotland Plc & anor [2017] EWHC … Continue reading

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Filed under Commercial Litigation, Corporate Crime, Investigations, UK

DOJ ENHANCES AND MAKES PERMANENT FCPA SELF-DISCLOSURE PILOT PROGRAM

On November 29, 2017, the US Department of Justice (DOJ) announced that the Pilot Program it launched in 2016 to encourage companies to self-report potential violations of the federal anti-bribery Foreign Corrupt Practices Act (FCPA) would be made permanent, subject … Continue reading

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Filed under Announcements, Bribery and Corruption, US

Hong Kong corporate crime team publishes article addressing the thorny issue of privilege in Asia investigations

Given the variety of civil law and common law systems across Asia, and the fact that corporate investigations in the region almost always involve multi-jurisdictional elements, protecting privilege is a complex topic. With the differing approaches to privilege adopted both … Continue reading

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Filed under Announcements, Asia, Hong Kong, Investigations