Coverage

GIR Live Paris - in pictures

28 June 2019

Photos from the first-ever GIR Live Paris on 27 June, co-chaired by Stéphane Bonifassi of Bonifassi Avocats and Jonathan Mattout of Herbert Smith Freehills.

GIR Live Paris: French DPA guidelines incentivise self-reporting

01 July 2019

Lawyers at the first-ever GIR Live in Paris welcomed new guidance from French authorities that outline the steps companies should take to obtain CJIPs as they discussed the future of the PNF following news that its head has stepped down.

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.

In 2018, he co-founded The International Academy of Financial Crime Litigators, a collaboration of experienced public-and private-litigation professionals working with the Basel Institute on Governance to expand worldwide access to solutions in economic crime cases.

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.

Keynote Speaker

Nicola Bonucci

Director for Legal Affairs, OECD

Nicola Bonucci is the Director for Legal Affairs and the coordinator for accession. He focuses on general public international law issues, participating in the negotiation of international agreements, interpreting the basic texts of the Organisation, and providing legal opinions to the senior management, the Council, and its subsidiary bodies.

He plays an active role in the drafting and the negotiation of the OECD legal instruments. He also deals with personnel matters, including litigation in front of the Administrative Tribunal of the OECD, budgetary issues and contracts.  Since 1997 Mr. Bonucci has been closely involved in the monitoring and follow-up of the OECD Anti-Bribery Convention and is a regular speaker in international conferences on this subject.

Speakers

Nicolas Brooke

Signature Litigation

Astrid Mignon Colombet

Soulez Larivière & Associés

Karen Coppens

Dechert

Yousr Khalil

FRA

Antoine Kirry

Debevoise & Plimpton

Ludovic Malgrain

White & Case

Emmanuel Moyne

Bougartchev Moyne Associés

Stéphane de Navacelle

Navacelle

Sophie Scemla

Eversheds Sutherland

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?

Moderator:
Stéphane Bonifassi, Bonifassi Avocats

Panel:
Karen Coppens, Dechert
Antoine Kirry, Debevoise & Plimpton
Nicolas Brooke, Signature Litigation

16.10: 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

Moderator:
Jonathan Mattout, Herbert Smith Freehills

Panel:
Ludovic Malgrain, White & Case
Emmanuel Moyne, Bougartchev-Moyne Associés 
Sophie Scemla, Eversheds Sutherland

17.10: Coffee break

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?

Moderators:
Stéphane Bonifassi, Bonifassi Avocats
Jonathan Mattout, Herbert Smith Freehills

Panel:
Yousr Khalil, Forensic Risk Alliance
Astrid Mignon Colombet, Soulez Larivière & Associés
Stéphane de Navacelle, Navacelle

18.30: Keynote address: The OECD Anti-Bribery Convention 20 years on: much ado about nothing?

Nicola Bonucci, Director for Legal Affairs, OECD

19:00: Chairs’ closing remarks

Stéphane Bonifassi, Bonifassi Avocats
Jonathan Mattout, Herbert Smith Freehills 

19.10 onwards: All delegates are invited to attend a drinks reception kindly hosted by Herbert Smith Freehills

Further information

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

Venue

66 Avenue Marceau, Paris, 75008, 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