Press review
14 March 2022

Press review – Week of 7 march 2022

This press review highlights the various news items related to the Russian-Ukrainian conflict, and also looks at compliance issues in white collar crime, including the Atalian case.

 

 #White-collar crime: Deliveroo and three of its former directors on trial for “disguised work

The delivery platform Deliveroo as well as several of its former managers will be judged from 8 March 2022. Indeed, the criminal court will consider possible facts of “concealed work”. This could lead to heavy penalties for the defendants. > Read article

 

Suspicions Directive on the duty of vigilance: between satisfaction and “points of attention

During the presentation of the information report on the evaluation of the French law on the duty of care, Dominique Potier, Member of Parliament, deciphered the European Commission’s draft directive to highlight the points of attention that will help guide the debate. > Read article.

 

Negotiated Justice: Atalian Financial has signed a public interest judicial agreement for €15 million in a case concerning the sale of subsidiaries

In a case of false invoices intended to artificially increase the sale price of its subsidiaries, Atalian has signed a CJIP in order to put an end to the proceedings against it. The company agreed to pay the sum of 15 million euros and to be subject to several audits by the AFA to verify the effectiveness of its compliance program. > Read article

 

Clarification on the appeal of the placement under judicial supervision

The decision of the liberty and custody judge to place a convicted person under judicial supervision before the date of release is provisionally enforceable, even in the event of an appeal. The appeal can also be heard after the date of release of the convict. > Read article

 

Requisitions to qualified persons in a preliminary investigation: unconstitutionality of the lack of information on the right to remain silent during the examination

The Constitutional Council recently decided that the absence of notification of the right to remain silent in the event of a technical or scientific examination is contrary to the Constitution since some of these examinations may lead the expert to question the defendant about the facts which he is accused (Decision n° 2021-975 QPC du 25 février 2022). > Read article

 

From freezing to confiscation of assets of persons linked to the Russian regime?

The current situation is pushing countries to put in place significant sanctions against Russia and its nationals. The French government, therefore, aims to adopt new regulations to reinforce its behavior towards its citizens. To this end, the government wishes to introduce a definitive seizure of assets, which may raise questions as to the legality of such a measure. > Read article

 

Russia fails to present herself at ICJ hearing on Ukraine conflict

Unlike the International Criminal Court which has jurisdiction over individuals, the International Court of Justice (“ICJ”) has jurisdiction over countries to impose sanctions. Ukraine has applied to the ICJ to hold Russia accountable for its actions in the conflict between the two countries. However, Russia has refused to appear before the UN judicial body. >Read article

 

War in Ukraine: Joe Biden orders an embargo on US imports of Russian oil and gas

US President Joe Biden announced on 8 March 2022 an embargo on Russian oil and gas imports. This decision, which aims to put pressure on Vladimir Putin, has not yet been followed by the members of the European Union, many of whom are still largely dependent on Moscow for energy. > Read article

 

#Financial Criminal Law: Lagarde calls for rapid adoption of MiCa following sanctions against Russia

Due to the risk of Russia circumventing the recent sanctions against it, Christine Lagarde wants the European regulation on digital assets MiCa to be adopted as soon as possible. >Read article

 

#International Litigation: Refusal to pay an advance on arbitration costs constitutes a waiver of the arbitration clause

The Court of Cassation has considered the refusal to pay an advance on arbitration costs and its legal consequences. On this point, the court concludes that such a refusal leads to the inadmissibility of the invocation of the arbitration clause before the state judge (Cass. civ. 1ère, 9 février 2022, n° 21-11.253).> Read article

 

Extraterritoriality and white collar crime

Stéphane de Navacelle was invited to the national session on “Defence and economic security” of the Institut des hautes études de défense nationale (IHEDN) and at the initiative of the General Secretariat for Defence and National Security (SGDSN) and the Ministry of the Economy, as part of the seminar on “New threats and sources of destabilisation”, Thursday 10 march 2022, to talk about extraterritoriality and white-collar crime. > Learn more

 

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