Insights | Kobre & Kim — Disputes and Investigations

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.

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.

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.

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.

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.

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.

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.

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.