Press review – Week of 28 march 2022

In this press publication, you will find articles explaining the key concept of misappropriation of public funds; details of search warrants in tax affairs; and also a sanction of the ACPR in the context of the fight against money laundering. In addition, the review focuses on two key elements of stock market criminal law: insider dealing and the appeal rights of the AMF chairman. Finally, the impact of international sanctions during this period of conflict between Russia and Ukraine is examined.

What is Business Confidentiality?

Business confidentiality aims to protect confidential economic information of companies. > Read article (in French)

Sanctions against an electronic money institution for failure to comply with anti-money laundering legislation

In a recent decision, the Autorité de Contrôle Prudentiel et de Résolution (ACPR) fined an e-money company for violating the laws designed to prevent money laundering and terrorist financing. The company was fined €700,000 (ACPR, Enforcement Committee, Decision No. 2020-11, 1 March 2022. > Read article

Visits and seizures in tax matters: compliance with the Constitution of data stored on remote computer servers

The tax administration has important investigative powers since it can seize data on a computer medium. Moreover, the Constitutional Council considers that data can be seized even if they are stored in a place separate from the place where the visit is carried out and if they belong to third parties to the procedure. However, such seizures must necessarily be authorized by the Judge of Freedom and Detention (Cons. const. 11 March 2022, n° 2021-980 QPC). > Read article

#White Collar: Embezzlement of public funds: the importance of the function and prerogatives of the accused in the motivation of the conviction

The French Supreme Court considers that it is necessary that the functions of the defendant are decisive for the funds to be handed over. Otherwise, the offence of embezzlement of public funds is not characterized (Cass. crim., 16 March 2022, n° 21-82.254). > Read article

Antitrust: Google accused of concealing documents via attorney-client privilege

Google is accused of abuse of legal privilege (attorney-client privilege) in the United States, due to the illegitimate withholding of evidence, in the context of investigations conducted by the competition authorities. > Read article

Evidence of undignified detention conditions: the detainee’s word may be enough

The French administrative Supreme Court considers that the proof of unworthy detention conditions can be provided by the defendant’s allegations alone. However, these allegations must be sufficiently credible and precise for the detention to constitute a fault on the part of the prison administration (CE, 21 March, n° 443986). > Read article

#Banking and Financial Criminal Law: Insider trading: a financial journalist may disclose inside information where necessary and proportionate

The Court of Justice of the European Union has ruled that inside information may be passed on where disclosure is necessary and proportionate (CJEU, 15 March 2022, aff. C-302/20). > Read article

#Banking and Financial Criminal Law: Compliance of the incidental appeal to the court to the sole benefit of the AMF Chairman

The Constitutional Council has ruled that only the chairman of the AMF can lodge an incidental appeal against decisions handed down by the authority’s Enforcement Committee (Cons. Cons., 11 March 2022, no. 2021-979 QPC). > Read article

The double-edged consequences of Russia’s exclusion from the Council of Europe

In an unprecedented move, the Committee of Ministers of the Council of Europe decided to exclude one of its members after the start of hostilities between Russia and Ukraine. Such an exclusion raises questions because only member states cannot be sanctioned by the Council. As a result, no Council of Europe sanction against Russia can be issued, which is a major step backwards in terms of the protection of fundamental rights. > Read article

Ukraine: Accomodation for refugees is being organized

A recent ministerial instruction to prefects provides for access to accommodation for Ukrainian refugees so that they can benefit from access to social housing (Instruction NOR LOGI2209326C). > Read article

Honduras: former president Juan Orlando Hernandez will be extradited to US

Former Honduran President Juan Orlando Hernandez is to be extradited to the United States for facilitating the smuggling of nearly 500 tons of cocaine into the US. > Read article

William Bourdon “It is the countries that commit the crimes that have the keys to international justice”

Lawyer William Bourdon discusses the relevance of international criminal justice during the conflict between Russia and Ukraine and in particular the relevance of the International Criminal Court which can only be applied against states that have ratified the Rome Statute. > Read article