Marnix Somsen specialises in regulatory and criminal enforcement. He represents corporations and financial institutions subject to investigation and enforcement proceedings. His experience spans both the US, Europe, Africa and Asia. Recent work includes representing publicly listed companies in enforcement actions brought by the SEC, the FED, OFAC, BIS, the DoJ, the CFTC, the FCA, the SFO, BaFin, the AMF, the HKMA, the MAS, the JFSA, DNB, the OM and the AFM on a variety of regulatory and criminal charges.
Marnix typically handles cross-border enforcement matters and internal investigations for EU companies involving one or more US or other foreign regulators, drawing upon the resources of our international Best Friends network. Over the past few years, issues have included:
Marnix’s work includes international coordination among local law firms, reputational damage mitigation, remedial & disciplinary measures, press relations, market disclosures, dealing with whistleblowers and managing voluntary self-disclosures. He and the team are consistently ranked tier 1, with personal reports ranging from “highly skilled and knowledgeable” (Legal 500) to “excellent legal brain” (IFLR 1000) and his team praised as “market leaders when it comes to regulatory work” and “leading white collar team” (IFLR 1000).
Currently the co-chair of the IBA Anti-Corruption Committee for the Netherlands, Marnix has recently co-edited Onderneming en Sanctierecht, a Nijmegen University textbook on regulatory and criminal enforcement. Formerly an editor in chief of Tijdschrift voor Sanctierecht & Compliance, the Dutch enforcement & compliance law review, Marnix now serves on its Board of Advisors.
13 January 2021
China’s new export control regime may affect companies worldwide
16 November 2020
China releases long-awaited framework to blacklist “unreliable” foreign entities
15 October 2020
Dutch guidance on investigation and prosecution of foreign bribery renewed
14 July 2020
Outsourcing of investigations to lawyers of suspected companies: France
16 April 2020
Outsourcing of investigations to lawyers of suspected companies: United States
15 January 2020
E3 triggering JCPOA dispute resolution risks reimposition of sanctions against Iran
15 October 2019
Terminating contracts due to US sanctions – difficult under civil law and possibly illegal
15 October 2019
New Whistleblower Directive introduces obligations for companies and EU member states
16 September 2019
Outsourcing of investigations to lawyers of suspected companies: United Kingdom
17 July 2019
20 June 2019
Outsourcing of investigations to lawyers of suspected companies: the Netherlands
16 May 2019
Trends: whistleblowing in Europe diverges from US on internal reporting and bounties
17 April 2019
14 March 2019
Large “transactions” part II: DPPS moves further towards US-style settlements
14 March 2019
Settlements in brief: UBS, Cognizant and Russian mobile phone company MTS
14 February 2019
Settlements in brief: Polycom, UBS Financial Services, Barclays and SBM Offshore
14 February 2019
Criminal procedure: minister wants judicial review of large “transactions”
14 February 2019
EU creates special purpose vehicle to facilitate trade with Iran under the JCPOA
13 December 2018
Settlements in brief: Société Générale, extension of Moneygram’s 2012 DPA and Cobham
16 October 2018
16 October 2018
Attorney-client communication: English court widens scope of litigation privilege
14 September 2018
Settlements in brief: ING Bank, Credit Suisse, Legg Mason and SBM Offshore
14 June 2018
Panasonic, Barclays, Société Générale – regulatory and criminal enforcement developments
14 June 2018
EU proposes amendments to Blocking Regulation in response to US withdrawal from JCPOA
13 June 2018
US anti-piling policy to tackle overlap in multi-jurisdictional investigations
13 June 2018
Russia responds to sanctions introduced by US and other countries
13 June 2018
ZTE reaches USD 1.4 billion settlement to replace 7-year denial of export privileges
24 May 2018
17 May 2018
17 May 2018
US targets ZTE and Huawei for export control and economic sanctions violations
17 May 2018
UK judgment further limits applicability of legal privilege in internal investigations
17 April 2018
SEC grants largest ever whistleblower award, as well as first award under “safe harbor”
15 March 2018
Heightened OECD scrutiny leads to Japan’s strengthening of its anti-corruption framework
15 March 2018
Unexplained Wealth Orders: UK to enhance extraterritorial enforcement of property
15 March 2018
US Bancorp and Rabobank fined for failed AML programmes; HSBC resolves fraud charges
15 February 2018
Siemens Russia case: the risks of managing sanctions compliance through contracts
15 February 2018
US renews Iran sanctions waivers – possibly for the last time
15 February 2018
Attorney-client communication debate: UK court upholds litigation privilege in RBS case
15 February 2018
French anti-corruption guidelines now available to companies in English
15 February 2018
Settlements in brief – EU banks and individuals charged for “spoofing”
18 January 2018
Settlements in brief – third-party payments could lead to severe fines
18 January 2018
14 December 2017
Settlements in brief: first DPA under new French law, and SBM Offshore resolution in US
17 October 2017
Settlements in brief: record-breaking Telia case shows cross-border cooperation
14 September 2017
Settlements in brief – focus on role of auditor and doing business in high-risk countries
14 September 2017
4 August 2017
Settlement highlights risk of USD payments in transactions with US-sanctioned countries
31 July 2017
US Congress approves new sanctions on the Russian oil and gas sector
13 July 2017
Atlas Elektronik settles bribery case and AFM imposes administrative fine on ICS
13 July 2017
ECtHR ruling may inspire clarification of the double jeopardy principle in Dutch law
13 June 2017
Settlements in brief: Barclays pays for overcharging and Brazil sees new corruption case
13 June 2017
Renewed debate in Europe on protecting attorney-client communication
11 May 2017
Settlements in brief: reduced fine for Odebrecht and deferred prosecution for Tesco
12 April 2017
13 March 2017
Implementation of Market Abuse Regulation enters final phase
13 March 2017
13 March 2017
Settlements in brief: ZTE settles economic sanctions and export control violations
13 February 2017
Settlements in brief: Odebrecht, Teva Pharmaceutical and Rolls Royce settle bribery cases
13 December 2016
Settlements in brief: JPMorgan’s hiring scheme and Oilwell Varco sanction breaches
13 November 2016
Settlements in brief: Uzbek bribery settlements continue and Embraer settles FCPA charges
13 November 2016
New ISO anti-bribery standard may be useful for the prevention of corruption
13 November 2016
DOJ introduces new guidance on voluntary self-disclosure of export control and sanctions violations
14 October 2016
13 October 2016
13 October 2016
Settlements in brief: cases show need for independent auditor and highlight FCPA’s long arm
4 October 2016
De Brauw named one of the world’s leading investigations practices in GIR 2016
13 September 2016
Remarkable whistleblower rejection of USD 8.25 million award
13 July 2016
New Iran deal guidance and Brexit consequences for sanctions and export controls
13 July 2016
Analogic and BK settlement in line with US law enforcement strategy
15 June 2016
Settlements in brief: Siemens case gets Israeli sequel and SEC emphasises self-reporting
15 June 2016
Hear the whistle! Whistleblower receives second-highest award ever
11 May 2016
Settlements in brief: SEC probe against Las Vegas Sands ends in USD 9 million settlement
11 May 2016
Companies that self-disclose may get mitigation credit under new DOJ pilot
11 May 2016
World Bank sanctions report: no project financing for wrongdoers
11 May 2016
12 April 2016
OECD discusses settlements in foreign bribery cases: best practices likely
11 April 2016
Settlements in brief: compliance programme crucial in international fight against corruption
9 March 2016
Transparency International’s five-year strategy cements further anti-corruption efforts
9 March 2016
9 March 2016
New legislation: companies with more than 50 employees must have whistleblower policy
15 February 2016
19 January 2016
Significant relief of sanctions against Iran, but certain restrictions remain
13 January 2016
Companies active in UK must report on steps taken against modern slavery worldwide
13 January 2016
Settlements in brief: notable settlements in November and December
9 December 2015
9 December 2015
Factual summaries may be privileged documents according to High Court in UK
9 December 2015
2015 report shows further growth of SEC whistleblower programme
9 December 2015
First penalty under UK Bribery Act for failure to prevent bribery
11 November 2015
Settlements in brief: notable settlements in September and October
14 October 2015
14 October 2015
Settlements in brief: notable settlements in August and September
14 October 2015
Appeals court in US: internal whistleblowers are also protected against retaliation
14 October 2015
13 October 2015
Almost 90% of the countries violates obligations under OECD Anti-Bribery Convention
28 September 2015
28 September 2015
9 September 2015
Relief for Iran? EU and US sanctions possibly lifted in the future
9 September 2015
SEC urges courts to extend retaliation protection to internal whistleblowers
9 September 2015
UK steps up fight against international corruption affecting developing countries
9 September 2015
Resource Guide to the US Foreign Corrupt Practices Act revised
9 September 2015
Temporary decree on Advisory Centre for Whistleblowers extended
9 September 2015
Settlements in brief: notable settlements in July and August
17 July 2015
EU, US and Iran agree on significant yet still conditional sanctions relief
8 July 2015
8 July 2015
8 July 2015
10 June 2015
SEC to pay highest possible whistleblower award in first retaliation case
10 June 2015
Settlements in brief: US and UK regulators penalise big banks for foreign currency manipulation
11 May 2015
Settlements in brief: regulators issue high monetary penalties in combatting financial crime
11 May 2015
Caution: having a deficient whistleblowing and compliance system may have consequences
11 May 2015
Banking supervisor updates guidance on money laundering and terrorist financing laws
14 April 2015
Settlements in brief: recent settlements highlight importance of preventative action
14 April 2015
Parameters agreed for joint comprehensive plan of action on Iranian nuclear programme
11 March 2015
Settlements in brief: US justice authorities pursue rating agencies
11 March 2015
9 February 2015
Prepare and beware: new law to prevent financial and economic crimes
9 February 2015
Dutch government appears to tighten grip on independent conduct supervision
9 February 2015
Settlements in brief: recent cases show importance self-reporting and remedial action
9 February 2015
Publication: recent court decisions suggest more critical attitude towards regulators
10 December 2014
Settlements in brief: SBM and Bio-Rad settle alleged foreign corrupt practices
10 December 2014
Transparency International makes recommendations on transparency of corporate reporting
10 December 2014
Recent AFM fines: an important warning shot for financial undertakings
10 December 2014
Court of appeal rules on disclosure of price-sensitive information
10 November 2014
US Department of Justice encourages whistleblowers to come forward under US False Claims Act
13 October 2014
SEC sends strong message by awarding USD 30 million to overseas whistleblower
13 October 2014
Settlements in brief – Barclays gets two fines in one day for compliance failures
13 October 2014
Tightening of EU sanctions against Russia may affect European enterprises
10 September 2014
Settlements in brief: Bank of America, BNP, Citigroup and Morgan Stanley
10 September 2014
Transparency International publishes new guidance to counter small bribes
10 September 2014
Serious Fraud Office secures first contested conviction for overseas corruption
10 September 2014
Transparency International: companies should assess anti-corruption programs
10 September 2014
European companies beware: additional EU sanctions in relation to Ukraine
9 July 2014
Trends | Stronger anti-bribery enforcement at home may keep US authorities at bay
9 July 2014
Settlements in brief: AIG, Fokker and BNP sanctions and export control cases
9 July 2014
US anti-corruption laws extend to employees of ‘instrumentalities of a foreign government’
11 June 2014
European companies beware: EU expands sanctions over Ukraine
11 June 2014
Caution: obstructing external whistleblowing can have consequences
11 June 2014
12 May 2014
Crime may not pay, whistleblowing does: additional payment to first whistleblower
12 May 2014
Discussion closed: no lawyer allowed during police interrogations, unless…
9 May 2014
Settlements in brief: HP and Marubeni settle FCPA violations
10 April 2014
Dutch Central Bank provides good practices in battling corruption
10 March 2014
10 March 2014
Settlements in brief: Clearstream and Bank of Moscow settle Iran sanctions offence
10 March 2014
10 March 2014
New EU market abuse legislation and how it impacts the Netherlands
10 February 2014
The Netherlands and US agree on automatic exchange of tax information
10 February 2014
SEC attempts six-month ban on Chinese affiliates of Big Four
10 February 2014
Settlements in brief – recently settled cases in regulatory and criminal enforcement
13 January 2014
13 January 2014
Weatherford and RBS settle US sanctions violation and bribery cases
9 January 2014
9 December 2013
European Council adopts the Directive on access to counsel in criminal proceedings
9 December 2013
9 December 2013
9 December 2013
9 December 2013
New EU directive against cyberattacks on information systems
9 December 2013
US settlements and prosecution: SAC Capital, JPMorgan and Bank of America
11 November 2013
CBb dismisses DNB’s vision on prudent pension asset investment
11 November 2013
Revised detriment of the accused provisions allow limited judicial re-review
11 November 2013
New SEC chair continues hard-line approach to securities law violations
10 October 2013
Bill to facilitate fight against financial and economic crime submitted to Second Chamber
10 October 2013
10 October 2013
AFM adjusts the guidance on the Money Laundering and Terrorist Financing Act
10 October 2013
10 October 2013
Administrative fines imposed for de facto management without a licence
10 October 2013
10 October 2013
Federal Court decision limits territorial reach of US criminal securities law
10 October 2013
10 October 2013
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The Netherlands
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The Netherlands