December 2022 Issue
Q&A: Asset seizures and recovery
The EC appears to recognise the importance of member states adopting a harmonious approach to sanctions enforcement and asset recovery and confiscation matters. FW discusses asset seizures and recovery with Joydeep Sengupta at Mayer Brown and Jason Williamson at Skadden, Arps, Slate, Meagher & Flom LLP.
Some more carrots, and definitely more sticks: DOJ corporate criminal enforcement
Gibson, Dunn & Crutcher LLP The DOJ has undoubtedly raised the bar for corporate cooperation and its expectations for corporate compliance programmes. The memo makes it clear that the carrots will be harder to get, and the sticks will be aplenty.
The SEC’s enforcement regime may soon undergo a constitutional revamp
Quinn Emanuel Urquhart & Sullivan, LLP Respondents facing the SEC and other agencies with comparable ALJs should preserve the rights the Fifth Circuit has recognised, both as to the timing of constitutional challenges and the substance of those challenges
The SDNY’s early ventures into crypto-insider trading cases
Simpson Thacher & Bartlett LLP The SDNY has found mobility in getting back to first principles – avoiding almost entirely the thorny questions of what these assets are and using the wire fraud statute to focus instead on what has been done with them.
The European Public Prosecutor’s Office: a new player in the fight against white-collar crime
Pérez-Llorca Based on the numbers, it looks like the EPPO will become a key player in the EU’s fight against transnational crime, likely increasing its caseload in the years to come as it starts to operate at full capacity.
Feigen Graf Rechtsanwälte It is one of the mainstays of the legal system that time-barring by limitation, once occurred, must be recognised as such, even if it ‘only’ relates to the confiscation of assets.
Red flags in internal investigations in India
BTG Legal To a substantial extent, a corporation’s (and the board’s) criminal and civil liability will depend on how the investigation was conducted and how the recommendations of the investigating teams were actioned.
Q&A: Digital assets fraud and anti-money laundering (AML)
Decentralised finance and NFTs are two areas that have garnered a lot of attention over the past several years and have a wide range of potential use cases. While regulatory grey areas and safe harbours abound, regulators continue to establish oversight over this growing industry. FW discusses digital assets fraud and anti-money laundering with Alma Angotti at Guidehouse, Katherine Lemire at Quinn Emanuel Urquhart & Sullivan, LLP and Eytan Fisch at Skadden, Arps, Slate, Meagher & Flom LLP.
CONTRIBUTORS
BTG Legal
Feigen Graf Rechtsanwälte
Gibson, Dunn & Crutcher LLP
Guidehouse
Mayer Brown
Pérez-Llorca
Quinn Emanuel Urquhart & Sullivan, LLP
Simpson Thacher & Bartlett LLP
Skadden, Arps, Slate, Meagher & Flom LLP