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Client Alert March 21, 2024

New U.S. Rules For Investment Advisors Could Bring Aggressive Scrutiny on Non-U.S. Individuals

  • New rules proposed by the U.S. Financial Crimes Enforcement Network (FinCEN) would extend U.S. anti-money laundering program requirements to investment advisors.
  • This could become the latest move by U.S. authorities to scrutinize the assets and transactions of ultra-high-net-worth individuals, including those outside the U.S.
  • At-risk individuals and their advisors should take proactive steps to protect their legitimate interests.

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Client Alert March 4, 2024

Companies and Individuals in Greater China Can Protect Themselves from U.S. Sanctions Overreach

  • The United States and its allies continue to use sanctions to attack adversarial governments and their perceived allies, putting companies and individuals with tenuous or merely alleged ties at risk.
  • Recent sanctions have targeted Russia, but PRC companies were designated in the February 2024 round, signaling increasing risk to PRC individuals and business if China-U.S. relations deteriorate.
  • At-risk individuals and business should take proactive steps to prepare.

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Client Alert January 11, 2024

New U.S. Bribery Law Could Put Non-U.S. Officials Under Unwarranted Scrutiny

  • A new law criminalizing the demanding or receipt of payments from U.S. individuals or entities gives the U.S. Department of Justice new tools to extend its targeting of non-U.S. individuals in corruption investigations.
  • This puts politically connected individuals at risk of becoming subject to aggressive U.S. investigations, initiated by politically motivated domestic rivals.
  • At-risk individuals should take proactive steps to protect their reputations, assets and liberty.

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Client Alert November 1, 2023

Responding to U.S. DOJ Actions Against Latin American Individuals

  • The U.S. Department of Justice is continuing to extend its long arm jurisdiction into aggressively scrutinizing individuals in Latin America.
  • Many targets may become embroiled in what can be overstated allegations, threatening their assets, liberty and reputation.
  • Targets need to work with cross-border counsel knowledgeable in the DOJ’s tactics to push back as early as possible.

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Client Alert October 19, 2023

Mitigating Sanctions Risks For Individuals and Their Cyprus-Based Assets

  • As governments increasingly use sanctions as a geopolitical tool, ultra-high-net-worth individuals – including those with connections to Cyprus – are at risk.
  • Cypriot officials and financial institutions have already taken steps to target certain individuals, even those who are not sanctioned.
  • We explain pre-emptive steps at-risk individuals and their advisors can take to mitigate the risks and protect themselves.

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Client Alert September 28, 2023

Crypto Parties Can Stand Up to Regulatory Overreach

  • U.S. regulators are aggressively stretching the bounds of their jurisdiction over the cryptocurrency and digital asset space.
  • This puts exchanges, founders, investors and other parties at risk of increased uncertainty and risk of investigation and enforcement.
  • Deference may not earn targets leniency – instead, as a recent Kobre & Kim settlement shows, standing up to the regulators can pay dividends.

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Client Alert July 12, 2023

What Multinational Companies Should Know About Unprecedented Extraterritorial Activities by the South Korean Police

  • The South Korean Police are expanding their extraterritorial activities, with many multinational companies now in their sightline.
  • Many companies are unfamiliar with handling Korean inquiries and investigations, but their next steps can be crucial to risks to their business.
  • Our cross-border team explores strategies to help companies mitigate their risks and stand up to prosecutorial overreach.

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Client Alert June 22, 2023

U.S. Sanctions Against Individuals in Greater China May Come Suddenly: How Overseas Advisors Can Protect Their Clients from Overreach

  • The U.S., UK and their allies are continuing to find tools to exert pressure on China.
  • Businesspeople in Greater China with global interests could become targets of financial sanctions if diplomatic relations between China and the U.S. deteriorate further.
  • We explain how financial and wealth advisors can mitigate the risks these clients face if they act early and decisively.

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Client Alert May 10, 2023

How Israeli, Middle Eastern and African Individuals Should Respond to Criminal Allegations from Foreign Governments

  • Israeli and other Middle Eastern and African nationals are increasingly at risk as U.S. and Western enforcement agencies aggressively pursue cross-border actions, in many cases based on incomplete facts.
  • With cooperation from countries like Israel, those targeted can risk their assets, reputation and liberty if they are not adequately prepared.
  • We explain what steps individuals can take to push back and get the facts straight.

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Client Alert March 16, 2023

How Offshore Trustees and Beneficiaries Can Mitigate Serious Risks of a Sanctions Violation

  • Governments have increased focus on third parties – including offshore trustees – as they look to enforce their sanctions regimes.
  • This increases the risk trustees could become embroiled in an accusation of violating sanctions.
  • Trustees should take proactive, globally comprehensive measures to reduce their risk and avoid a cross-border crisis.

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Client Alert February 22, 2023

Lessons from LBRY: Standing Up to Regulatory Oversight

  • The global crypto industry may have celebrated prematurely at a reported win by LBRY amici against the U.S. Securities and Exchange Commission.
  • In fact, enforcement threats are at an all-time high, and the SEC and other regulators are emboldened.
  • Only by matching the regulator’s aggressiveness with equally aggressive strategies can industry players see success.

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Client Alert February 16, 2023

Traders Can Stand Up to Investigations from Regulators and Exchanges

  • U.S. government regulators are ramping up enforcement actions against traders for alleged market manipulation and spoofing.
  • Exchanges and self-regulatory organizations are piling on, subjecting traders to their own investigations.
  • Traders should not be afraid to stand up to these entities, and there are effective counteroffensive measures that can drive successful outcomes.

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Client Alert November 30, 2022

Two Ways the Art World Could Get Swept into the Sanctions Orbit

  • Global sanctions targeting, among others, Russian individuals and entities are layering on top of anti-money laundering measures.
  • These will directly impact players in the art market, raising their litigation and enforcement risks.
  • We explain two particular triggers stakeholders should be aware of.

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Client Alert November 9, 2022

How Chinese Ultra-High-Net-Worth Individuals Can Protect Their Global Wealth from Seizure in a High-Tension World

  • As geopolitical tensions heighten, Chinese ultra-high-net-worth individuals may become increasingly at risk of becoming the target of forfeiture by hostile foreign governments.
  • Governments around the world have shown increasing willingness to go after assets owned by those in disfavored jurisdictions.
  • By deploying a coordinated global strategy, Chinese UHNWIs can lawfully defend their legitimately earned wealth.

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Client Alert May 9, 2022

The Differences Between UK and EU Russian Sanctions

  • The United Kingdom and the European Union are two critical jurisdictions that have implemented influential sanctions regimes against Russian entities.
  • Given the UK’s departure from the EU, key differences exist that outside stakeholders must be attuned to.
  • Learn the subtle yet consequential details in this reference guide, put together by Kobre & Kim’s International Private Client team.

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