Session details

20th Annual IBA Transnational Crime Conference

17 May - 19 May 2017

Session information

Current developments in cross-border cooperation

Committee(s)

Criminal Law Committee (Lead)
Criminal Law Section (Lead)
European Regional Forum (Lead)

Description

This session will look into new trends and developments in crossborder cooperation. Law enforcement agencies and regulators around the world are improving their cooperation. There are cases where one agency will defer to the other and one will have primacy. There are other cases where the enforcement authorities view themselves as having equal interest in the resolution and will work in parallel, sometimes divided up the work geographically. There may be situations where it is simply unknown who the leader is, and who will ultimately be responsible for the resolution, meaning that different national agencies will pursue their investigations until they have reached a decision. These different scenarios and competing interests in cross-border cooperation are significant factors of uncertainty for companies and individuals facing investigations in more than one jurisdiction. Their lawyers are expected to understand what is going on in the background and navigate their client in the right direction – in terms of producing documents and witnesses and having to formulate responses to different agencies pursuing different agenda and/or priorities. Lawyers also have to consider differences in legislation, for instance how corporate and individual liability is established in different jurisdictions. Some tools for the resolution of largescale investigations, such as DPAs are not be available in all jurisdictions concerned. Thus, a comprehensive strategy is required to resolve investigations in a multijurisdictional context. This session will focus on the many factors that need to be considered to formulate that strategy.

Session / Workshop Chair(s)

Paul Gully-Hart Schellenberg Wittmer, Geneva, Switzerland

Speakers

Stephane Bonifassi Bonifassi Avocats, Paris, France
Stephen Gentle Simmons & Simmons LLP, London, England
Kai Hart-Hoenig Dr Kai Hart-Hoenig Rechtsanwaelte, Frankfurt, Germany; Senior Vice Chair, Business Crime Committee
Alison Levitt QC 2 Hare Court, London, England; Vice Chair, Non-trial Resolutions of Bribery Cases Subcommittee
Jorge Nemr Leite Tosto e Barros Advogados, São Paulo, Brazil; Conference Quality Officer, Business Crime Committee
Hon Matthew Reinhard Miller & Chevalier Chartered, Washington, District of Columbia, USA; Co-Chair, Criminal Law Committee