Publication
14 July 2022

Bastille Day Newsletter 2022

On this 14th of July, lawyers at Navacelle offer you, as it does every year, a selection of noticeable events which occurred in France during the last 12 months in the fields of corporate criminal liability, criminal procedure, white collar crime and compliance.

 

Download Bastille Day Newsletter by PDF

 

In years of constant new lows and bad – when not catastrophic – news, it may seem trivial to put together a newsletter on newsworthy white collar, litigation & investigations unfolding in France over the last twelve month.

The drive for the Rule of law (under siege globally) should lead us to consider what it is that led us to where we are today; what imbalance have each one of us contributed to and what makes the law just.

Legal practitioners have a special duty as advisors people turn to when in doubt (or compelled). When all things are relative, we need to focus on shedding light on how things are, rather than we or others would like them to be. In doing so, we will be serving what is right.

Special thanks to Thomas Lapierre, Salomé Garnier, Pierre Calderan, Nicolas Maia, Laura Ragazzi, Juliette Musso, Ella Gomes, Alexandre Desevedavy, Louis Beltaire, Alexandre Coudreau, Pauline Bomm, Théo Mercier, David Duran-Hernandez, Tanguy Cremet, Félicie de Lambilly and Mélinée Aprikian.

We look forward to seeing you in Paris or elsewhere soon!

Julie Zorrilla & Stéphane de Navacelle

 

***

The past year was marked, in particular, by:

 

A European impulse on French texts

  • Assessment of the first months of activity of the European Public Prosecutor’s Office, Read analysis
  • The French duty of care in the context of its Europe-wide application, Read analysis
  • Lobbying: declaration obligations of interest representatives in France, Read analysis

 

A certain jurisprudential focus on tax fraud

  • Illegal banking solicitation and laundering of aggravated tax fraud : new step in the UBS file, Read analysis
  • The cumulation of criminal and administrative sanctions in tax fraud, Read analysis
  • CumEx files, from tax optimization to tax fraud ? Read analysis
  • CJIP concluded between JPMorgan Chase Bank, National Association and the Financial Public Prosecutor, Read analysis

 

A strong activity by regulatory authorities

  • CNIL imposes the largest sanctions in its history on Facebook and Google, Read analysis
  • The right to silence during investigations by the Autorité des Marchés Financiers, Read analysis
  • The Autorité de la concurrence publishes an update of its framework document on competition compliance programs, Read analysis
  • Several practical guides have been published by the French Anti-Corruption Agency,  including:
  • The French DPA (“Convention judiciaire d’intérêt public”) on the way to simplification, Read analysis
  • LVMH concludes a CJIP and escapes prosecution in the “Squarcini case”, Read analysis

 

A special focus on corporate social and environmental responsibility

  • The challenges of environmental criminal law in the light of the deferred prosecution agreement in environmental matters, Read analysis
  • The French duty of care in the context of its Europe-wide application, Read analysis

 

New anti-corruption assessments and clarifications

  • OECD Convention on Combating Bribery in France Phase 4, Read analysis
  • The post-Sapin 2 law: merely modifications or a real revolution? Read analysis
  • When arbitration and compliance meet up: analysis of their first interplay, Read analysis
  • Several practical guides have been published by the French Anti-Corruption Agency (cf. analyses above)

 

And useful clarifications in white collar crime

  • Attorney-client privilege :
    • Impacts of the attorney-client privilege reform on white-collar practice, Read analysis
    • The criminal division of the Court of cassation opens the way to an in concreto assessment of documents, allowing them to benefit from the protection of attorney-client privilege, Read analysis
  • Criminal liability of legal persons: Transfer of criminal liability following a merger or acquisition, Read analysis
  • Homologation of a CRPC: The criminal division of the Court of cassation confirms no appeal is possible against a decision of denied homologation of a guilty-plea procedure in the absence of a misuse of powers by the judge. Read analysis

Related content

Analysis
Assessment of the first months of activity of the European Public Prosecutor's Office
14 July 2022
Assessment of the first months of activity of the European Public Prosecutor’s Office
The first activity report of the European Public Prosecutor’s Office for 2021 presents its promising beginnings and emphasizes on its internal organization as well as i...
News
French duty of care
21 June 2022
The French duty of care in the context of its Europe-wide application
On February 23, the European Commission unveiled its proposal for a Directive on the Duty of Vigilance, which aims to promote sustainable and responsible behavior by comp...
Analysis
Lobbying : Declaration obligations of interest representatives in France
14 July 2022
Lobbying: Declaration obligations of interest representatives in France
Highlight on the disclosure obligations imposed on interest representatives in France, as provided for by Law 2013-907 of October 11, 2013, as amended by Law 2016-1691 of...
Analysis
Illegal banking solicitation and laundering of aggravated tax fraud new step in the UBS file
15 December 2021
Illegal banking solicitation and laundering of aggravated tax fraud: new step in the UBS file
The long-awaited judgment in the UBS case was delivered by the Paris Court of Appeal. The historic penalty of € 4.5 billion gives way to a more measured sanction, and t...
Analysis
The cumulation of criminal and administrative sanctions in tax fraud
14 July 2022
The cumulation of criminal and administrative sanctions in tax fraud
The judges of the Court of Cassation recently ruled on the cumulation of criminal and fiscal sanctions in tax fraud cases. This decision confirms the case law which permi...
Analysis
CumEx files
13 January 2022
CumEx files, from tax optimization to tax fraud?
A look back at the revelations of the "CumEx files" and key take aways on these practices of tax optimization by dividend arbitrage that may soon be qualified as tax frau...
Analysis
CJIP concluded between JPMorgan Chase Bank, National Association and the Financial Public Prosecutor
1 December 2021
CJIP concluded between JPMorgan Chase Bank, National Association and the Financial Public Prosecutor
A new example of the use of negotiated justice in criminal tax law in France. On 26 August 2021, a fourth Convention Judiciaire d’Intérêt Public (“CJIP”) was con...
Analysis
CNIL Facebook Google
25 January 2022
CNIL imposes the largest sanctions in its history on Facebook and Google
CNIL issued the largest fines in its history against Facebook and Google for infringements of the existing regulations on cookies.
Analysis
The right to silence during investigations by the Autorité des Marchés Financiers
14 July 2022
The right to silence during investigations by the Autorité des Marchés Financiers
The right to silence is a constitutional principle in criminal proceedings. However, it turns out that this principle can be restricted in the context of investigations t...
Analysis
The Autorité de la concurrence publishes an update of its framework document on competition compliance programs
14 July 2022
The Autorité de la concurrence publishes an update of its framework document on competition compliance programs
The Autorité de la concurrence published his new framework document for the implementation of competition compliance programs. This communication reminds economic actors...
Analysis
29 November 2021
The French Anti-corruption Agency’s practical guide to preventing conflicts of interests
On 18 November 2021, the French Anti-Corruption Agency (“AFA” or “the Agency”) published its definitive guidelines to preventing conflicts of interests. These gui...
Analysis
AFA's anti-corruption guide for small and medium-sized companies
30 December 2021
AFA’s anti-corruption guide for small and medium-sized companies
On 16th of December 2021, AFA has published the final version of its guide on anti-corruption measures for small and medium-sized companies.
Analysis
AFA submits a draft practical guide on anti-corruption accounting controls
29 December 2021
AFA submits a draft practical guide on anti-corruption accounting controls
On 26 November 2021, the AFA published for public consultation its draft practical guide on anti-corruption accounting controls in companies.
Analysis
AFA and PNF Practical Guide on the internal anti-corruption investigation
14 July 2022
AFA and PNF Practical Guide on the internal anti-corruption investigation
The internal investigation, as a modulator in the detection of corruption or influence peddling, represents a fundamental tool for the actors of economic life in terms of...
Analysis
corruption arbitration decision
16 September 2021
The French DPA (“Convention judiciaire d’intérêt public”) on the way to simplification
On 4 August 2021, a new Decree was promulgated aiming to simplify formalities required for the conclusion of the CJIP between Public Prosecutors Office and the legal pers...
Analysis
LVMH concludes a CJIP
31 December 2021
LVMH concludes a CJIP and escapes prosecution in the “Squarcini case”
Highlight on the CJIP signed on December 17th, 2021 by LVMH. The French company was involved in acts of influence peddling implicating a former consultant, Mr. Bernard Sq...
Analysis
The challenges of environmental criminal law in the light of the deferred prosecution agreement in environmental matters
14 July 2022
The challenges of environmental criminal law in the light of the deferred prosecution agreement in environmental matters
A new deferred prosecution agreement in environmental matters is an opportunity to review the creation of this new mechanism serving French environmental criminal law, bu...
Analysis
28 December 2021
OECD Convention on Combating Bribery in France Phase 4
On 9 December 2021, the OECD adopted its Phase 4 report on France’s implementation of the Convention and the 2009 Recommendation of the Council on Combating Bribery of ...
Publication
L’après Sapin II : de simples ajustements pratiques ou une vraie révolution
11 April 2022
The post-Sapin 2 law: merely modifications or a real revolution?
The law of 9 December 2016, known as the Sapin 2 law, opened a new era in the fight against corruption in France[1]. Five years after its entry into force, assesments and...
Publication
When arbitration and compliance meet up analysis of their first interplay
23 March 2022
When arbitration and compliance meet up: analysis of their first interplay
The interaction between arbitration and compliance deserves to be examined. Indeed, more and more questions are being asked as to the place of compliance in arbitration. ...
Analysis
Impacts of the attorney-client privilege reform on white-collar practice (1)
21 January 2022
Impacts of the attorney-client privilege reform on white-collar practice
On 22 December 2021, Law n° 2021-1729 for confidence in the judicial institution was enacted. Following the initiative of the Minister of Justice , this Law has been the...
Analysis
The criminal division of the Court of cassation opens the way to an in concreto assessment of documents
14 July 2022
Attorney-client privilege: an in concreto assessment of documents, allowing to benefit from the protection of attorney-c...
In a significant decision dated 26 January 2022, the Criminal Division of the Court of Cassation reviewed the principles of attorney-client privilege and extended this pr...
Analysis
transfer of criminal liability following a merger or acquisition
14 July 2022
Transfer of criminal liability following a merger or acquisition
In a ruling of April 13, 2022, the Court clarified the nature of the control that must be performed by judges on prosecutions against absorbing companies after its histor...
Analysis
Homologation of a CRPC in the absence of a misuse of powers by the judge
14 July 2022
Homologation of a guilty-plea procedure: no appeal is possible against a decision of denied in the absence of a misuse o...
The criminal division of the Court of Cassation has stated that a judge’s refusal to approve a second sentence proposed by the Public prosecutor does not constitute a g...