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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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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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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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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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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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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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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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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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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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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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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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Traders Should Stop Running from Risk in CFTC Investigations

  • The U.S. Commodity Futures Trading Commission (CFTC) has quietly increased scrutiny of digital currency markets, focusing on spoofing.
  • Successful traders normally do not run from risk in their trading activities, yet they often do exactly that in the face of unfamiliar regulatory risks, leading to worse outcomes.
  • Targets of regulatory enforcement should therefore consider a range of aggressive measures before responding to inquiries from enforcement authorities.

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When Investments Lead to Investigations: Navigating Korea’s Disclosure Rules for Foreign Investors

  • South Korea is an attractive destination for investors in private equity and venture capital, but the country’s changing disclosure rules could risk a drawn-out government investigation.
  • Recent changes, designed to relax disclosure for most investors, adds complexity that could be used by the government against international investors to protect domestic companies.
  • International parties investing in a Korean company can and should anticipate this risk in a way that maintains both independence and confidentiality.

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U.S. Enforcement Against the PRC: Preparing for the Next Wave

  • The U.S. government has made its intentions clear that it will investigate and prosecute PRC-based companies and individuals that it believes employ illegal tactics to compete with U.S. companies in key sectors.
  • Future U.S. actions could come from any number of directions.
  • Whatever action comes next, a cross-border perspective and willingness to represent PRC-side clients against the U.S. government will be essential to an effective response.

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5 Ways Cryptocurrency Traders in EMEA Can Plan Ahead for U.S. Government Scrutiny

  • The U.S. Department of Justice (DOJ) and Commodity Futures Trading Commission (CFTC) are aggressively directing their enforcement resources to combat against digital currency traders in the UK and greater EMEA.
  • Counsel located in the UK and greater EMEA region needs to be aware of the risks involved with this new-found aggression and how to prepare for any U.S.-driven regulatory inquiries or subpoenas.
  • Firms representing European entities and individuals involved in cryptocurrency should be more comprehensive in their preparation. 

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