Insights

• Western enforcement agencies like the U.S. Department of Justice (DOJ) increasingly pursue Ultra-High-Net-Worth Individuals (UHNWIs) with cross-border investigations throughout Africa.
• These investigations threaten the UHNWIs' liberty, assets, and reputation and are often initiated solely based on allegations made in the media by adversaries.
• The increased focus of the U.S. DOJ and the aggressive tools at its disposal can put individuals and companies operating throughout Africa at risk of global asset freezes, seizures, and/or other penalties.

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• Ultra-high-net-worth individuals (UHNWIs) operating outside the United States have recently come under increasingly aggressive scrutiny from U.S regulators, including the U.S. Department of Justice (DOJ), and international cooperation agencies such as INTERPOL.
• If an UHNWI is not adequately prepared, these accusations could potentially spiral into global asset freezes and seizures.
• Below, our team discusses pre-emptive measures these potential targets can take to mitigate associated risks.

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• 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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• The U.S. Department of Justice announced a new policy promising companies leniency if they report uncovered misconduct within six months of a merger or acquisition.
• Though this may at first appear to be “good news,” it demonstrates the DOJ’s increasing aggressiveness to companies – including non-U.S. companies – that did not commit any wrongdoing.
• We look at why companies should be wary of cooperation, and how they can approach the DOJ more prudently.

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• 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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• Aggressive antitrust enforcement is a priority for the U.S., both at home and abroad.
• Korean companies are on the radar, particularly with alleged procurement fraud, putting them at risk of massive fines and multijurisdictional investigations.
• We explain the risks and responses Korean companies should consider.

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• 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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• Recent comments by top U.S. Department of Justice (DOJ) officials seem to signal an emphasis on leniency programs for companies cooperating on corruption and bribery investigations.
• However, non-U.S. companies should not let their guard down – the DOJ continues to stretch the bounds of its jurisdiction to aggressively prosecute companies beyond the U.S.
• We unpack counteroffensive strategies at-risk companies should consider to stand up to DOJ overreach and drive successful outcomes.

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• Korean and U.S. antitrust enforcers are working ever closer together in investigating potential anticompetitive behavior.
• Korean companies are at risk – even conduct based entirely in Korea could be scrutinized.
• We look at the enforcement hotspots and how Korean companies can deploy an effective multijurisdictional defensive strategy.

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• The U.S. Department of Justice has released new guidelines that signal their aggressive prosecution of individuals and companies outside the U.S.
• At-risk non-U.S. companies must understand the potential implications of the DOJ’s new position.
• Our global Government Enforcement Defense team explains why internationally based former U.S. government lawyers are best positioned to address the issues.

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• South Korea and U.S. antitrust regulators are increasing collaboration in cross-border matters, with the Biden administration gearing up enforcement.
• Potential targets include South Korean companies that conduct business with the U.S. Forces Korea (USFK).
• Our team explains why an aggressive, multi-jurisdictional defense is necessary to mitigate the risks

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• The U.S. government has set its sights on market manipulation and “spoofing” among both traditional and digital currency traders.
• For the trading firms and other market participants who could be in the government’s crosshairs, now is the time to plan how you will respond to a subpoena.
• Traders and trading firms that find themselves on the receiving end of a subpoena related to spoofing or market manipulation should not immediately assume that cooperation is the best or only way to respond.

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• The web of U.S. sanctions across the globe is dynamic and complex, and it can affect companies doing business in any corner of the world, even those with limited ties to the U.S.
• Inadvertent sanctions violations can be considered “egregious” by OFAC and subject violators to significant fines.
• Secondary sanctions are an often unwitting risk. 

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• A new Multilateral Framework on Procedures in Competition Law Investigation and Enforcement (MFP) is being finalized.
• Although the new MFP will not be binding on all enforcement regimes, the MFP’s compliance mechanisms should incentivize agencies to comply with the common commitments.
• This announcement raises five key questions about the future of global antitrust enforcement.

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• 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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