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The IBA’s response to the war in Ukraine
Co-Chair
Cristian Francos
Co-Chair
Jonathan Mattout
Business Crime Committee
The Business Crime Committee's primary objective is to provide a forum for members to meet and discuss, address and advocate on core and recently developing white collar issues. The Committee works with the Criminal Law Committee and the Anti-Corruption Committee to form the Criminal Law Section
About the Committee
The Business Crime Committee's primary objective is to provide a forum for members to meet and discuss, address and advocate on core and recently developing white collar issues. The Committee's goal is also to promote awareness within the business community and among transactional lawyers of the growing significance of novel criminal defence tactics.
The Committee has recently been focusing on the new trends of international cooperation in criminal matters. Other topics covered in recent seminars and conferences include discussions on money laundering issues, cyber crime, internal investigation challenges and strategies, and on the new legal framework designed to combat bribery and corrupt practices in international business transactions.
Membership benefits include:
- Full access to the Committee’s website with the opportunity to publish articles, guidelines and reports and to send contributions for publication in the Criminal Law and Business Crime Newsletter, providing an update on the key legal developments of interest around the world
- Being part of a network of lawyers who work in the business crime field
- An easy way of keeping up-to-date with developments and increasing knowledge in this area
- The opportunity to find referral to attorneys and experts in foreign jurisdictions
Publications
Whistleblowers as John Does: preserving their identity while conducting internal investigations
Coming forward with information that could get someone into trouble has never been easy. To remedy this, states have been increasing their efforts to encourage whistleblowers to report wrongdoings by ensuring their protection from retaliation,1 which, up until recently, has been scarcely regulated, particularly in the European Union.2 The need to enhance the protection of whistleblowers has been thrown into the spotlight as a result of a series of scandals (such as the Panama Papers,3 Cambridge Analytica and Danske Bank scandals) in which whistleblowers played a key role.
Released on Sep 20, 2021
Smart worker injury and employer’s criminal liability
A few weeks ago, for the first time ever, INAIL granted compensation for damages on behalf of an Italian smart worker, who was injured while she was working from her own home. In the specific case, the employee fell disastrously down the stairs of her own home during a phone call with her colleague. The accident was very severe and caused her several fractures.
Released on Sep 20, 2021
Game changer in the Ukrainian law enforcement system
For a long time, there were several inspection authorities in Ukraine for financial crimes investigations; namely, the Security Service of Ukraine, the tax police, and the national police. Lately, this finally has been changed by the adoption of the Law of Ukraine ‘On the Bureau of Economic Security of Ukraine’ (hereinafter ‘the Law’) in March 2021.
Released on Sep 20, 2021
Corruption risks in the use of agents in public procurement in India
The complexity and technicalities inherent in public procurement in India create an opportunity for agents or middlemen, as there is scope for those familiar with the convoluted process to assist bidders in navigating the process. While there is no blanket ban on the use of agents, it is very easy to cross over the amorphous border between what is allowed and what is illegal, and the high financial stakes coupled with the multiple touchpoints with public officials exacerbate the risk of influence peddling and corruption.
Released on Sep 20, 2021
Subcommittees and other groups
The Business Crime Committee also coordinates the activities of the following subcommittees/working groups.
- Industrial Espionage and Business Intelligence Working Group