Regulatory & Criminal Enforcement

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Regulatory & Criminal Enforcement

Our clients entrust us with handling their most sensitive and complex regulatory and criminal defense matters and compliance and integrity issues. We counsel our clients every step of the process, ranging from legal crisis management, conducting internal investigations and public disclosures, to representation vis-à-vis regulators and criminal authorities or in criminal, administrative or civil court proceedings, and resolving investigations through declinations, settlement or litigation. Many of our cases are resolved without enforcement action being taken, and remain confidential.

We handle cases for our clients wherever they do business. In recent years, we have been involved in more than 30 countries and represented our clients before numerous authorities, including the Dutch public prosecutor, the AFM, DNB, the SEC, the DOJ, OFAC, BIS, the FCA, and MPF and CGU in Brazil. Our office in Shanghai is focused on investigations and enforcement, allowing us to conduct investigations effectively in China and the wider Asian-region, and giving us close proximity to local authorities and regulators. We have assisted clients in developing successful strategies to avoid or mitigate parallel investigations in multiple jurisdictions, and achieve a global resolution in cross-border matters.

We have consistently taken an integrated and multidisciplinary approach to handling regulatory enforcement and corporate crime matters. We combine the firm's expertise and experience in e.g. corporate governance, finance, data protection, financial markets regulation and civil litigation. We also work closely together with leading local law firms and e-discovery and forensic accounting consultancies where the matter so requires in addition to our in-house capabilities. This approach allows us to advise our clients holistically on all relevant aspects of the case.

Our work encompasses a wide variety of areas, such as bribery and corruption, fraud, financial markets regulatory issues, market abuse, money laundering, accounting irregularities, tax fraud, health and safety issues, environment, social and government (ESG), economic sanctions and export controls, cybercrime, corporate espionage and other compliance and integrity incidents. Our clients are active in various sectors, including financial institutions, energy (including oil & gas), manufacturing, retail, e-commerce, technology, chemical, automotive, life sciences, pharmaceutical and health care.

Insights

18 December 2024

Instruction on self-reporting, cooperation and internal investigations applied for first time

On November 22, the Netherlands Public Prosecution Service (NPPS) published a long-awaited instruction - see our unofficial translation here - outlining the framework and conditions for self-reporting and cooperation in criminal investigations into possible offences committed by legal entities. Although the instruction will only enter into force on 1 January 2025, the NPPS recently went ahead and applied the instruction to a case where a penal order was imposed on a large Dutch company.
24 October 2024

Sustainability claims: managing regulatory and other risks as intolerance for greenwashing grows

Environmental, social and governance (ESG) initiatives are now critical drivers for companies – there is no getting around it. Companies often make significant ESG efforts. But when they wish to – or have to – communicate about these efforts, a growing web of regulations becomes relevant. This, coupled with increasingly active authorities who are on the look-out for greenwashing practices, means that it can be hard to establish what is, and what is not, allowed or required. Below, we will summarise the state of play and also look ahead.
1 May 2024

Anti-money laundering: stricter rules to apply at national and international level

New European rules on anti-money laundering The AML package was adopted by the European Parliament in April 2024 and now awaits Council approval. The new European rules consist of a new European supervisor (AML Authority, AMLA), a revised directive (AMLD6), and a new regulation (Single Rule Book). See our previous article on harmonisation of the rules.