Government Enforcement Defense

The UK antitrust regulator, the Competition and Markets Authority (CMA), forced Facebook parent company Meta to unwind the acquisition of GIF database company Giphy. This decision demonstrates the willingness of global antitrust regulators to scrutinize even deals between companies based an ocean away, Benjamin Sirota, a former U.S. federal antitrust prosecutor, told Quartz.

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Recent scandals in Costa Rica – namely operations Diamante and Cochinilla – have brought corruption to the forefront of the public in the region. Together with renewed efforts by the U.S. Department of Justice (DOJ) to combat corruption in Latin America, individuals and companies there now find themselves located in the global risk capital for anticorruption and compliance enforcement. Evelyn Sheehan, a former U.S. federal prosecutor who oversaw international corruption and bribery investigations, examined the latest developments when she sat down with renowned Costa Rican journalist Amelia Rueda for a Spanish-language radio interview.

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For the first time, the UK’s antitrust regulator ordered an American tech company to sell one of its major acquisitions. The Competition and Markets Authority (CMA) ruled that Meta Platforms, Facebook’s parent company, must divest Giphy, a GIF database and search engine. As Benjamin Sirota, a former U.S. federal antitrust prosecutor, told Quartz, this spells trouble for Facebook and other large tech companies.

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The passage of the United States-Northern Triangle Enhanced Engagement Act in the U.S. last year – aimed at targeted sanctions to fight corruption in El Salvador, Guatemala and Honduras –led to the U.S. State Department’s creation of the “Engel List.” The Engel List is a list of corrupt and undemocratic actors in those countries. It signals the United States’ accelerating enforcement in Central America, increasing risks for individuals in the region, as Kobre & Kim’s Martin De Luca, Wade Weems and Scott Nielson explained in an article for The Anti-Corruption Report.

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As anti-corruption and white collar crime enforcement takes on an increasingly globalized scope, what are evolving risks, initiatives and laws destined to shape the landscape in 2022? Kobre & Kim’s William McGovern shared his perspective as part of the International White Collar Crime Symposium’s 2021 event in New York City on November 30. 

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How will government enforcement regulations keep up with the rapid evolution of digital assets? Kobre & Kim’s Lara Levinson and Calvin Koo, who focus on enforcement and tracing of digital assets, will discuss the potential intersection of anti-money laundering (AML), cryptocurrencies and non-fungible tokens (NFTs) at the AML/CTF Annual Summit Philippines, at 2:45 pm Manila time / 6:45 am London time on Friday, November 26. 

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Ten years on from the passing of the UK Bribery Act 2010, what are the lessons learned that corporations should take to heart? Kobre & Kim’s Miranda Ching, a former UK Serious Fraud Office (SFO) prosecutor, explains during an SAI360 webinar at 3:00 pm London time, December 2, 2021. 

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Global Investigation Review’s latest GIR 100, a guide to the world’s leading cross-border investigations practices, has listed Kobre & Kim among their top firms.

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With little congressional action, U.S. financial regulators are asserting – sometimes in aggressive fashion – their authorities over the crypto industry. Kobre & Kim’s David McGill and Benjamin Sauter, both of whom regularly defend firms in the digital asset sector from government enforcement, spoke with Law360 about what the industry should expect from regulators.

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The U.S. Department of Justice’s (DOJ) attempt to stop publisher Penguin Random House’s acquisition of its competitor, Simon & Schuster, advances a legal theory beyond the traditional antitrust standard. Kobre & Kim’s Benjamin Sirota, a former federal antitrust prosecutor, analyzed the lawsuit when he spoke with Bloomberg Law.

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The U.S. Department of Justice (DOJ) has historically performed large-scale investigations into unlawful collusion in the financial services industry. In an episode of the “Our Curious Amalgam” podcast hosted by the American Bar Association, Kobre & Kim’s Benjamin Sirota explains how the DOJ’s trajectory of prosecution points to an increasing use of antitrust in financial market matters.

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Crime is increasingly transnational: criminals stash proceeds of crime around the world, and suspects are pursued across continents with international arrest warrants. But coordinating cross-border actions is complicated and practitioners must grasp the issues at stake. Kobre & Kim’s Evelyn Sheehan and Martin De Luca will take a deep dive into these topics during the International Bar Association’s (IBA) 23rd Annual Transnational Crime Conference from November 3 to 5, 2021, at The Westin Palace in Madrid, Spain.

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How have U.S. enforcement priorities toward China and Latin America evolved one year into the Biden administration, and what should companies bear in mind? Kobre & Kim’s Vasu Muthyala, a Hong Kong-based former U.S. federal prosecutor, will provide an on-the-ground view when he joins a panel during GIR Live: DC at the Hogan Lovells Washington, DC offices at 11:20 am local time, November 9, 2021.

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The U.S. Department of Justice (DOJ) has established a new cryptocurrency team, but it faces numerous challenges as it seeks to collaborate with the private sector. Kobre & Kim’s Benjamin Sauter, who defends clients in the cryptocurrency industry against government enforcement actions, explained when he spoke with Global Investigations Review.

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With the appointment of legal scholar Lina Khan as chair of the U.S. Federal Trade Commission (FTC), the agency will likely bring antitrust action against Amazon – but how aggressive will it be? Kobre & Kim’s Benjamin Sirota, a former U.S. federal antitrust prosecutor, shared his thoughts when he sat down with Fast Company.

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