Global Investigations Review - The law and practice of international investigations

image

Monday, 11 March 2019

Nissan began plea deal talks a month before Ghosn’s arrest

Nissan started plea bargain negotiations with Tokyo prosecutors over Carlos Ghosn’s financial misconduct charges in October, the month before his arrest, according to the Japan Times.

The paper reported, based on anonymous sources, that Nissan executives told investigators during an internal probe that they would disclose further details of Ghosn’s alleged financial misconduct if they could secure a plea deal.

Ghosn was released on bail on 6 March as part of an investigation that he underreported his income. Japanese authorities recently agreed its first case involving the plea bargain system, which was introduced in June 2018.

ASIC wins privilege dispute

The Australian Securities and Investments Commission (ASIC) announced on 11 March that it won a privilege dispute with financial services company AMP that was set to be heard in an Australian federal court in April.

ASIC said that AMP’s lawyers, Clayton Utz, “surrendered” internal file notes from interviews with current and former employees as part of an internal investigation into whether the company charged fees for no service.

ASIC is currently investigating AMP over the matter. The company denies wrongdoing. 

The Clayton Utz internal investigation was discussed in an April hearing of Australia’s Royal Commission into Misconduct in the Banking Superannuation and Financial Services Industry.

 

UK Cabinet Office: No record that Nick Clegg asked for briefing on ENRC

The UK Cabinet Office said in a letter on 22 February that it has found “no record” that the former deputy prime minister, Sir Nick Clegg, asked for or received a briefing in 2011 from the Serious Fraud Office on its inquiry into alleged bribery by ENRC shortly before the Kazak miner became a client of his wife Miriam González Durántez.

ENRC accused Clegg of making the request for information in an 8 February filing at the US District Court for the Northern District of California in which it asked to depose the ex-prime minister in a malpractice suit against Dechert, its former lawyers. 

González Durántez included the note from the Cabinet Office in an open letter she sent to the Daily Mail, criticising the paper for its coverage of the matter.

She spent eight years at Dechert before joining Cohen & Gresser in January.

European Council and European Parliament to discuss new EPPO head

The European Parliament and European Council will negotiate on who will become the head of the European Public Prosecutor’s Office (EPPO) after both bodies selected two different nominees for the role.

The European Parliament selected Laura Codruța Kövesi, the ex-head of Romania’s National Anti-Corruption Directorate as its nominee on 26 February while the European Council reportedly selected France’s Jean-François Bohnert on 20 February. Bohnert has been the chief prosecutor at the Reims Court of Appeal since 2016.

In an emailed statement on 11 March, a European Parliament spokesperson said that if the two bodies fail to reach consensus by the end of the legislative term on 2 July, the issue will be on the agenda for the next parliament.

Download the latest magazine

magazine
Download as a PDF
View all issues

Insight

Reviews

Ehqao3n1vyosoagtjhnx

The European, Middle Eastern and African Investigations Review 2018

Highlights

The Geopolitics of Data Transfer: What Do Companies Need to Consider When Managing Conflicts of Law in a Global Investigation?

Weng Yee Ng and Jimmy Ko

Forensic Risk Alliance

Money Laundering Compliance and Investigations Across EMEA

Matthew Getz , Neil Pigott and David Bufton

Boies, Schiller & Flexner
All reviews

Guides

The guide to monitorships first edition roi 1 322x94

The Guide to Monitorships - First Edition

Highlights

The Healthcare Industry

David W Ogden, Ronald C Machen, Stephen A Jonas and Ericka Aiken

Wilmer Cutler Pickering Hale and Dorr

The Financial Services Industry

Günter Degitz and Rich Kando

AlixPartners
All guides

Know-how

Employee Rights

Highlights

Switzerland

Thomas Werlen and Jonas Hertner

Quinn Emanuel Urquhart & Sullivan (Schweiz) GmbH

United Kingdom

Sue Prevezer QC and James McSweeney

Quinn Emanuel Urquhart & Sullivan LLP

All know-how

Other areas of business law