Press review
21 October 2022

Press review – Week of 17 October 2022

In this press review you will find two significant events: (1) Lafarge pleads guilty in the United States for providing material aid to terrorist organizations, (2) the French Judicial Supreme Council (CSM) ruled that there were no grounds for sanctioning two magistrates of the France’s National Financial Prosecutor’s office (PNF) in the "fadets" case. In addition, at the European level, the Court of Justice of the European Union ruled on the illegality of traffic data collected by AMF (Financial Markets Authority) investigators and the European Court of Human Rights ruled on extraditions to China. Finally, the adoption of the 8th package of European sanctions against Russia now prohibits lawyers from providing legal advice to the Russian government and to legal persons, entities or bodies established in Russia.

 

The U.S. Department of Justice announces new guidelines in the fight against corporate crime

Navacelle Team describe changes announced by the U.S. Department of Justice (“DoJ”) in the fight against corporate crime. > Read analysis

 

Lafarge in Syria: the French company pleads guilty in the United States for providing material support to terrorist organizations.

On October 18th, 2022, two companies owned by the Lafarge (now Holcim) cement group pleaded guilty to conspiring to provide material assistance and resources to organizations designated as terrorists by the United States, when operating a cement plan in Syria from August 2013 to October 2014. In this first prosecution by the U.S. Department of Justice (DoJ) of a corporate entity for terrorism, the Lafarge companies agreed to pay a $778 million financial penalty. > Read article

 

The illegality of the traffic data collected by the AMF investigators

On September 20th, 2022, in line with its previous decisions, the Court of Justice of the European Union ruled that EU law precludes measures that provide for a general and undifferentiated retention of traffic data for a period of one year from the date of recording, as a preventive measure against market abuse offences. > Read article

 

ECHR: a “general situation of violence” opposing any extradition to China

The European Court of Human Rights (ECHR) asserts that a violation of Article 3 of the European Convention on Human Rights prohibiting the infliction of injury or torture on anyone, particularly in detention, would be committed by a State party to the Convention which extradites an accused person to China without providing sufficient diplomatic guarantees. The Court describes the Chinese judicial and prison conditions as a “general situation of violence” which represents an excessive risk to the human life of the defendant. > Read article

 

The 8th package of sanctions against Russia and the impact on French lawyers’ activity.

A new European Regulation imposing sanctions against Russia includes measures that prohibit the providing of legal advice to the Russian government and to legal persons, entities or bodies established in Russia. The stakes of this Regulation are discussed in this article which explains to French lawyers tits ins and outs: the scope of the prohibition is very broad, but there are certain exemptions. > Read article

 

For the CSM, no grounds for sanction against two PNF magistrates.

In two opinions rendered on Wednesday, October 19th, 2022, the French Judicial Supreme Council (CSM) ruled that there was no reason to sanction two judges of the National Financial Prosecutor’s Office (PNF). The latter were implicated in the “fadets” case, which targets former President Nicolas Sarkozy and had been accused of disciplinary faults, such as conflicts of interests and breaches of duty of impartiality, loyalty, respect for professional confidentiality and prudence. > Read article

 

Related content

Press review
15 March 2024
Press review – Week of 11 March 2024
This week’s press review covers the implementation by the AMF of two guidelines issued by the European Banking Authority, the...
Press review
8 March 2024
Press review – Week of 4 March 2024
This week’s press review covers the conviction of Apple to a 1.8 billion euros fine by the European Commission for...
Press review
1 March 2024
Press review – Week of 26 February 2024
This week’s press review covers Washington's adoption of new sanctions against Russia, the involvement of a French municipal agent in...
Press review
23 February 2024
Press review – Week of 19 February 2024
This week’s press review covers Donald Trump and his sons’ conviction for fraud in New York, the decision of Paris...
Analysis
22 February 2024
New clarifications on the repression of tax fraud offences and tax fraud laundering by the...
On 13 December 2023, the Cour de cassation first ruled on the concept of non bis in idem, rejecting the...
Analysis
20 February 2024
A French dairy group suspected of tax fraud
Since 2018, Lactalis has been suspected of committing tax fraud and laundering the proceeds of such fraud via schemes involving...
Press review
16 February 2024
Press review – Week of 12 February 2024
This week’s press review looks back at the legacy of former French minister of Justice Robert Badinter who recently passed...
Press review
9 February 2024
Press review – Week of 5 February 2024
This week’s press review highlights the acquittal of former minister and mayor of Pau, François Bayrou, the accusation of a...
Press review
2 February 2024
Press review – Week of 29 January 2024
This week’s press review highlights the Transparency report on France's global position in the fight against corruption, Uber's fine in...
Analysis
30 January 2024
The European Public Prosecutor’s Office and TRACFIN signed a working arrangement for closer cooperation
In accordance with the principle of sincere cooperation between Member States and with the European Union's institutions, provided for in...
Press review
26 January 2024
Press review – Week of 22 January 2024
This week’s press review highlights Amazon’s 32 million euro fine by a French administrative authority for the monitoring of its...
Press review
19 January 2024
Press review – Week of 15 January 2024
This week, the press review covers the validation by the French Supreme Court of Lafarge’s indictment for complicity in crimes...