Global Investigations Review - The law and practice of international investigations


Thursday, 10 January 2019

Interim Romanian anti-corruption chief quits as previous head sues government

The interim head of Romania’s National Anti-corruption Directorate (DNA) Anca Jurma announced her resignation from the post on 8 January, shortly after former DNA chief Laura Codruța Kövesi revealed her challenge against her dismissal at the European Court of Human Rights (ECHR).

According to reports, Jurma cited “a hostile environment” as the reason for stepping down. 

Kövesi is suing the government on the grounds that Romania’s constitutional court did not summon her for a fair hearing before dismissing her in July 2018.

She is reportedly not seeking compensation, nor reinstatement, but said: “It’s a matter of principle.” 

Former Nissan chairman Ghosn pleads not guilty as SESC poised to press fresh charges

Japan’s Securities and Exchange Surveillance Commission is set to file another charge of financial misconduct against Nissan, its former chairman Carlos Ghosn, and ex-representative director Greg Kelly, according to financial newspaper Nikkei.

The parties will be indicted on the fresh charges, which relate to allegations that they underreported Ghosn’s compensation from 2015 until March 2018, on 11 January.

Ghosn, Kelly, and Nissan were indicted on 10 December for making false disclosures in an annual securities report. Ghosn pleaded not guilty to the December charges in a hearing at the Tokyo District Court on 9 January, according to reports. 

Nissan has previously said it takes the matter seriously. Kelly previously denied the allegations. 

BaFin orders Deutsche Bank to re-examine 20,000 customers against AML requirements

Germany’s financial regulator BaFin has ordered Deutsche Bank to re-examine 20,000 of its risky customers against anti-money laundering requirements by June or face penalties, according to Handelsblatt.  

The June deadline was imposed in September 2018 when BaFin appointed KPMG as a special representative to monitor Deutsche Bank to check the bank’s progress in strengthening its internal safeguards to prevent money laundering but was only just reported by Handelsblatt on 9 January. 

BaFin has given the bank until 2020 to re-evaluate medium-risk clients and 2021 to re-examine low-risk customers. 

Deutsche Bank and BaFin have not yet commented on the matter.

Bogucki accuses US government of attempting to sneak in barred prosecution theory

A former Barclays FX trader, who is set to stand trial in February for allegedly defrauding Hewlett-Packard through a front-running scheme, has accused the US government of trying to argue that he owed a fiduciary duty to the information technology company even though the judge presiding over the case barred it from doing so in December.

In a motion filed at the San Francisco federal court on 10 January, Robert Bogucki said that the government indicated it intends to tell the jury that Bogucki had a relationship of “trust and confidence with Hewlett Packard”. Bogucki said that such an argument was basically synonymous with the theory of fiduciary duty and should be disallowed.

The news comes after Bogucki filed a memorandum of law at the court on 8 January to prevent the government from presenting evidence, he claims is prejudicial, to the jury. 

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