Thursday, 27 June 2019, Paris, France

It has been two years since Sapin II came into effect, with the broad goal of ensuring that French companies have robust anti-corruption and compliance regimes. What has been the application of it so far and what changes has it actually brought on ground level? The inaugural GIR Live Paris conference will not only focus on developments in the national investigations sphere but also on the extraterritorial reach of the new legislation, and how best to navigate it. The event will also focus on how robustly the PNF and AFA have responded to new challenges, and what their increasing cooperation with international authorities means for investigations in France.

This half-day conference is aimed at an international audience, with participants coming from across France, Europe and the rest of the world to connect with and learn from like-minded individuals.

E-mail Tel: +44 20 3780 4220

Chairs

Stéphane Bonifassi

Bonifassi Avocats

Noted by Who’s Who Legal Business Crime Defence & Investigations 2018 as France’s “Most Highly Regarded” individual and described as a “leading authority” on fraud matters, especially with corporations, Stéphane Bonifassi specializes in business crime and fraud, economic sanctions, corruption, asset recovery, forfeiture and confiscation cases, as well as transnational enforcement of judgments and internal investigations.

He regularly represents individuals or companies accused of international corruption in multiple jurisdictions. As such, Bonifassi is familiar with the anti-corruption laws of France and has been described by Who’s Who Legal as the “dean of the Parisian Bar.” He is similarly knowledgeable about the Foreign Corrupt Practices Act of the United States and similar laws of other countries. He has advised US firms in the pharmaceutical industry conducting an FCPA investigation in France. He has led an internal investigation for a French company following allegations of corruption in connection with a project funded by the World Bank. He has participated in the internal investigation of a large US firm accused of forgery in France. He has represented a French company whose US subsidiary is the target of a DOJ probe and is monitoring an internal investigation into the French entity.

Jonathan Mattout

Herbert Smith Freehills

Jonathan assists clients on all their white collar crime disputes, on both contentious and non-contentious matters. He has significant experience working with clients on criminal litigation, investigations, compliance, risk and crisis management and sanctions.

Jonathan acts for domestic and international companies and their directors in connection with internal fraud and all types of legal proceedings, notably economic and financial crime and on issues including money laundering, corruption, fraud, cybercrime, market abuse, international sanctions and embargoes.

Programme

14.30: Welcome coffee and registration

15.00: Chairs’ opening remarks

Stéphane Bonifassi, Bonifassi Avocats
Jonathan Mattout, Herbert Smith Freehills

15.10: Session one: Internal investigations in France: the view from ground-level

The landscape of French internal investigations has changed rapidly since the implementation of Sapin II. With the law now in full effect, this panel will examine the changes and responses within the French investigations sphere. The panel will discuss, among other topics:

  • The Sapin II law and the implied obligation to investigate
  • Threats to the attorney-client privilege claimed over internal investigations
  • Witness interviews: employees’ rights and precautionary steps
  • The impact of GDPR in internal investigations
  • Attitudes towards internal investigations in the French judiciary. What are they and have they changed since Sapin II was implemented?

16.40: Session two: The rise and role of anti-corruption agencies in France: internal investigations and compliance

Under Sapin II, the French Anti-Corruption Agency (AFA) is empowered to carry out inspections to assess compliance with the anti-corruption measures Sapin II requires. As part of that, AFA agents may request information and documents relating to alleged bribery or influence peddling or fraud. Anything the AFA agents unearth, they report to the public prosecutor. Against this backdrop the panel will discuss, among other topics:

  • Legal issues arising from the inspections carried out by the AFA
  • The rights of the inspected entities
  • The AFA's right to obtain information in relation to an internal investigation
  • The AFA's agents’ obligation to inform the public prosecutor
  • Cooperation between the AFA and the PNF
  • Newly introduced extraterritorial power, allowing the AFA to investigate suspected corruption beyond France

17.40: Session three: French DPAs and international cooperation

Sapin II has created a French version of the DPA (CJIP), which allows the public prosecutor to conclude a plea agreement with entities accused of corruption, influence peddling, tax fraud, the proceeds of tax fraud, or related offenses. This panel will examine cases of this tool being used, focusing on the interplay between French and foreign authorities. Questions they are expected to discuss include:

  • Are there disputes between the district prosecutor’s offices and the PNF over which agency takes investigations?
  • Do French companies see the value in self-reporting to French authorities? Is it any different post-UBS?
  • When to cooperate? Is it better to talk to authorities early, or wait until the case is accepted by an investigative judge?
  • Are we any clearer on what a company must do to be offered a CJIP?
  • Is settlement with multiple authorities only making fines bigger?
  • Do French companies still fear the DOJ more than French authorities?
  • Do we know what French monitorship looks like?

18.30: Chairs’ closing remarks
Stéphane Bonifassi, Bonifassi Avocats
Jonathan Mattout, Herbert Smith Freehills 

18.40: Close of conference

Further information

For further information or sponsorship opportunities, please call +44 203 780 4220 or email events@globalinvestigationsreview.com

Venue

Paris, France

Private Practitioner
Type Price Until
Super Early €450 17 May 2019
Early €550 14 Jun 2019
Standard €650 27 Jun 2019

 

In-house/governmental
Type Price
Standard £0