Corporate Crime & Investigations

Marnix Somsen
Patrick Ploeger
Roan Lamp
+ 19 other experts

Regulatory and Criminal Enforcement - at the highest level

... for major corporations, financial institutions and prominent individuals in a wide range of regulatory and criminal enforcement matters. We advise on securities laws, insider trading, competition law, economic sanctions, anti-corruption laws and other regulatory regimes.

Our team have been involved in a great number of enforcement actions brought by a variety of enforcement agencies, including the Dutch Central Bank (DNB), the Financial Markets Authority (AFM), the Dutch public prosecutor, the SEC, the US Department of Justice, OFAC, the FED, the FSA and other agencies.

We have extensive experience in defending clients in ensuing civil, administrative and criminal court proceedings, as well as in negotiating settlements with criminal and enforcement agencies for our clients.

Recent Matters

10 March 2020

Digital Realty completes InterXion exchange offer

Despite the coronavirus outbreak and a 30% fall in oil prices, resulting in heavy losses on stock markets around the world, Digital Realty has completed its USD 8.4 billion exchange offer for Netherlands-based InterXion Holding N.V. De Brauw advised Digital Realty alongside Latham & Watkins. As an NYSE-listed US Real Estate Investment Trust, Digital Realty is subject to specific tax restrictions. Dutch company InterXion is also listed on the NYSE, and it has 50 data centres in 11 European countries. This transaction posed intertwining, complex legal and tax issues that had to be carefully navigated. Our firm’s extensive experience in this type of transaction and our cross-expertise teamwork were instrumental in achieving a successful completion. Read more about this deal here. De Brauw team: Paul Cronheim, Wiebe Dijkstra, Tijmen Klein Bronsvoort, Myrthe van der Klei, Klaas Versteeg, Willem Bijveld, Rozemarijn Vernooij, Joppe de Bruijn, Casper Nagtegaal, Sanne Veenstra, Bojana Prlja, Pim Siemons, Sophia van Straalen, Stephanie The, Fatima el Ghamarti, Barbara Kloppert, Daniel van Gerven, Tim Bird, Etienne Dijkhorst, Alisha Autar, Thijs Elseman, Anna Sablicova, Koen Orbons, Laura Elize de Vries and Bart de Rijke.
28 October 2019

De Brauw advises Yarden Holding

17 April 2019

FrieslandCampina sells cream liqueur business to Wagram Equity Partners

De Brauw assisted FrieslandCampina in the divestment of its cream liqueur business, called Creamy Creation.
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large-scale multi-jurisdictional internal investigations

For many years we have been at the forefront of conducting investigations for corporations and financial institutions listed in Europe, the US and Asia. Recent investigations include:

  • Insider trading and market manipulation
  • Tipping
  • Corporate and Bank and Securities fraud
  • Real estate
  • Money laundering and regulatory compliance failures
  • Antitrust violations
  • FCPA violations
  • International trade: UN, US and EU sanction programs and export controls.

Each investigation requires a multi-disciplinary team to leverage the vast expertise from across the firm in corporate governance, litigation, compliance, regulatory enforcement and data protection laws.

Insights

22 July 2021

EBA and ESMA publish new fit and proper AML knowledge guidance for the management level

Credit institutions and investments firms will need to meet new fit and proper AML knowledge requirements as of 31 December 2021. The European Banking Authority (EBA) and the European Securities and Markets Authority (ESMA) recently published joint guidelines on how these entities should assess the suitability of management board members and key function holders in accordance with the Capital Requirements Directive (CRD IV) and the Markets in Financial Instruments Directive (MiFID II). The revised guidelines provide that the suitability assessment should at least address whether the person in the management board who is responsible for AML implementation, has the required knowledge, experience and skills. The joint guidelines also contain a suitability requirement for the collective management body.
16 March 2021

China's new Blocking Rules - more conflicting requirements for international business

China recently enacted Rules on Counteracting Unjustified Extra-territorial Application of Foreign Legislation and Other Measures. These "Blocking Rules" are designed to block the extraterritorial application of foreign laws and measures that may endanger the fundamental national security and economic interests of China and of Chinese entities. For example, they may prohibit Chinese entities, including Chinese subsidiaries of foreign companies, from complying with US export controls and US secondary sanctions. While meant to protect against foreign legislation restricting Chinese business, the Blocking Rules may mean more conflicting requirements for Chinese companies and foreign companies operating in China. We recommend that multinational companies doing business in and with China closely monitor legislative and enforcement updates, assess the risks they may face, and take mitigation measures where necessary.
17 February 2021

Signed charter needed for foreign in-house counsel to have legal privilege

Can in-house counsel admitted to a non-Dutch bar invoke legal privilege in the Netherlands? The Rotterdam District Court has ruled that these "foreign in-house counsel'' can – if they have that right under the jurisdiction where they work. In addition, if they work in the Netherlands, they must also meet specific criteria set by the Netherlands Bar. According to the court, foreign in-house counsel practising in the Netherlands should be treated the same as Dutch in-house counsel. The latter are required to sign a professional charter – a document that guarantees their independence and is signed by both employer and in-house counsel – in order to invoke legal privilege. Although the ruling is not final, it is important to consider its implications. To err on the side of caution, we recommend that clients who employ foreign in-house counsel make sure that their charters are in order and signed and record that the standards required by this charter have thus far been upheld.