Global Investigations Review - The law and practice of international investigations

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Monday, 11 February 2019

Indian government dropped anti-corruption penalties in Rafale deal

Prime Minister Narendra Modi’s government overruled critical provisions for anti-corruption penalties days before it signed a €7.87 billion fighter jet deal with France, The Hindu reports.

The Hindu reported it had seen documents revealing that the government approved eight changes to the transaction, known as the Rafale deal, in September 2016. One of the changes included the omission of “standard Defence Procurement Procedure clauses” related to penalties for undue influence and access to company accounts.

In December, the Indian Supreme Court rejected a plea for an investigation into the deal, which allegedly saw Modi select Indian conglomerate Reliance to partner with French jet manufacturer Dassault, scrapping an original deal struck with Hindustan Aeronautics.

A French NGO filed a complaint with French authorities in November, asking for an investigation into the deal.

Renault’s legal team criticises Nissan’s investigation into Ghosn

Lawyers for French car manufacturer Renault criticised their counterparts acting for Renault’s alliance partner Nissan over how they are handling the investigation into Carlos Ghosn, the former chairman and CEO of Renault, according to extracts of a letter published in a French newspaper on 10 February.

In the letter dated 19 January, the lawyers for Renault at  Quinn Emanuel Urquhart & Sullivan expressed serious concern about the methods of Nissan’s legal counsel at Latham & Watkins in the conduct of their internal investigation and treatment of Renault employees.

Nissan filed a criminal complaint against Ghosn with Tokyo prosecutors on 11 January, alleging misuse of company funds. Ghosn has denied all charges against him.

Luiz Antônio Bonat replaces Moro as federal judge overseeing Operation Car Wash

A Brazilian court confirmed that federal judge Luiz Antônio Bonat (64) will take over from Justice Minister Sérgio Moro in leading Operation Car Wash.

In a statement, the Administrative Council of the Federal Regional Court of the 4th Region (TRF) on 8 February announced that Bonat will replace Moro. Bonat is a judge in the 21st Federal Court of Paraná, and specialises in social security matters.

Bonat was the most-senior career judge among the candidates. The 232 federal judges who work under the TRF could have disputed his selection, according to reports.

Bonat will start in March.

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