The European, Middle Eastern and African Investigations Review 2015

The European, Middle Eastern and African Investigations Review 2015

Russia: cartel investigations

Cartel enforcement has significantly intensified in Russia over the past couple of years. The prosecution of cartels has repeatedly been declared by the Russian Federal Antimonopoly Service (FAS), whic

France

Handling internal investigationsInternal investigations are not governed by any piece of legislation or regulation under French law and there are no such things as guidelines for best practice in France.

United Kingdom: new powers for the UK white-collar fantastic four

2014 was an active year for white-collar investigations and high-profile prosecutions – from the phone-hacking scandal to billion dollar fines against sanctions busters, multi-jurisdictional investigations into Libor and FX, huge money laundering and tax evasion actions, and the continued focus on corruption.

Cross-border overview: data privacy and transfer

In the current multi-jurisdictional enforcement environment, internal investigations have become an essential tool for multinational companies to detect and investigate improper conduct imputable to the company.

Cross-border overview: investigating accounting irregularities

In 2013, the Securities and Exchange Commission announced it would sharpen its focus on accounting and financial fraud cases. The agency’s aggressive enforcement of accounting cases appears to be bearing fruit; the number of cases brought by the SEC against companies increased 46 per cent over the prior year while the number of investigations into these matters rose by 30 per cent.

United Kingdom: whistleblowers and self-reporting

It is now generally accepted that a corporate is taking a significant risk if allegations that are made – by whistleblowers, by current or former employees, by auditors, by the media, or which emerge through other means – are not taken seriously and, usually, investigated.

Cross-border overview: sanctions enforcement

The use of trade and financial sanctions by the European Union and, by extension, the United Kingdom has increased markedly over the past decade. Between 2010 and 2011, the number of EU sanctions decisions trebled, jumping from 22 to 69.

Internal investigations in Germany

Protecting a company’s financial interests by creating a proper organisation and exerting adequate controls are core obligations of German directors. This requires managers to examine and investigate alleged misconduct or rumours of irregularities which they become aware of.

Nigeria: overview of ‘investigations’ as a discipline or process in Nigeria

The engagement, in Nigeria, of lawyers in private practice to undertake investigations on behalf of private corporate clients is not, in the experience of this contributor, a particularly common occurrence.

Switzerland: internal investigations: Swiss law aspects

The awareness of Swiss corporates of the instrument of internal investigations has increased over the past few years. This is particularly true for the Swiss-domiciled banks in that in summer 2013 the US Department of Justice (DoJ) imposed the unilateral DoJ Programme (the Programme, www.

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