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

28 February 2025

First month of Trump presidency signals shifts in DOJ white-collar enforcement priorities

In the first month since the inauguration, the Trump administration issued a series of executive orders and memoranda that direct the U.S. Department of Justice (DOJ) to pause enforcement under the Foreign Corrupt Practices Act (FCPA) and that put a strong emphasis on fighting cartels and transnational criminal organisations (TCO). While the directives clearly represent a dramatic break from past DOJ priorities and several issues remain as "known unknowns," it bears emphasizing that they do not change the validity and enforceability of the underlying laws, including the FCPA, sanctions, export controls and terrorism offenses.
13 February 2025

Nitrogen crisis: permit required in more cases, but Netherlands stays open for business

The Netherlands urgently needs to do more to prevent the deterioration – whether existing or threatened – of Natura 2000 areas due to nitrogen deposition. This was recently confirmed by the District Court of The Hague in a lawsuit filed by Greenpeace against the Dutch state (in Dutch). Under the Habitats Directive, the Netherlands must: (i) establish conservation measures for these nature areas (Article 6(1)), and (ii) take appropriate steps to prevent natural habitats and the habitats of species from deteriorating (Article 6(2)).
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.

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