Regulatory Investigations and Financial Crime: TRW Law Firm’s Expertise in Navigating Complex Global Challenges
Introduction: The Growing Complexity of Regulatory and Financial Crime Issues
In an increasingly interconnected world, regulatory investigations and financial crime pose significant risks to businesses, financial institutions, and individuals. With tightening global regulations and rising cross-border scrutiny, navigating these challenges demands expert legal representation. TRW Law Firm, provides a comprehensive range of legal services, helping clients mitigate risks and resolve disputes in the ever-evolving regulatory landscape.
TRW is a trusted advisor for leading corporations, financial institutions, and public sector entities in Bangladesh, the UK, and the US. The firm combines local expertise with a global perspective to address issues ranging from anti-corruption and money laundering to antitrust and sanctions compliance.
Core Areas of Expertise
1. Anti-Bribery and Corruption
TRW’s team has in-depth knowledge of anti-corruption frameworks and enforcement practices across jurisdictions:
- Bangladesh: Advising businesses on compliance with the Anti-Corruption Commission Act, 2004, and representing clients in corruption investigations.
- UK: Defending corporations against allegations under the Bribery Act, 2010, which imposes strict liability for corporate failure to prevent bribery.
- US: Representing clients in investigations under the Foreign Corrupt Practices Act (FCPA), focusing on mitigating penalties and negotiating settlements.
Case Study:
TRW successfully defended a multinational corporation in a joint investigation by Bangladeshi and UK regulators, achieving a non-prosecution agreement through proactive compliance measures.
2. Anti-Money Laundering and Financial Crime
Money laundering remains a key focus for regulators worldwide. TRW assists clients with:
- AML Compliance: Designing policies that align with Bangladeshi laws, the UK’s Money Laundering Regulations 2017, and the US Bank Secrecy Act.
- Investigations: Representing clients in inquiries by regulatory bodies such as the Bangladesh Financial Intelligence Unit (BFIU), the UK’s Financial Conduct Authority (FCA), and the US Financial Crimes Enforcement Network (FinCEN).
Case Study:
TRW represented a global bank in a multi-jurisdictional investigation into alleged violations of AML regulations, achieving a resolution without financial penalties.
3. Sanctions and Export Controls
TRW’s sanctions experts help clients navigate the complexities of economic sanctions and export controls:
- Bangladesh: Advising on compliance with international sanctions regimes, including UN-imposed measures.
- UK and US: Assisting clients in navigating UK sanctions under the Sanctions and Anti-Money Laundering Act, 2018, and US Office of Foreign Assets Control (OFAC) regulations.
Case Study:
TRW advised a global electronics company on compliance with Russia-related sanctions, restructuring its supply chain to ensure regulatory adherence.
4. Crisis Management and Internal Investigations
Handling regulatory crises requires rapid and decisive action. TRW specializes in:
- Conducting internal investigations to address allegations of financial crime or regulatory breaches.
- Advising on reputation management during crises, including strategic communication with stakeholders and regulators.
Case Study:
TRW conducted a high-profile internal investigation for a Bangladeshi financial institution following allegations of fraud, ensuring compliance with domestic and international reporting standards.
5. Market Conduct and Insider Trading
TRW advises on market abuse and insider trading investigations, helping clients mitigate exposure to regulatory actions:
- UK: Representing clients in FCA investigations into market manipulation under the Market Abuse Regulation (MAR).
- US: Defending individuals and corporations in SEC enforcement actions related to insider trading.
Case Study:
TRW defended a senior executive in Bangladesh accused of insider trading, successfully demonstrating compliance with disclosure obligations and avoiding prosecution.
Approach to Resolving Regulatory and Financial Crime Challenges
1. Risk Management and Compliance
TRW helps clients design and implement robust compliance frameworks:
- Conducting compliance reviews and developing tailored policies to meet local and international regulatory standards.
- Training personnel on compliance obligations under laws like the UK Bribery Act and the FCPA.
Case Study:
TRW designed a comprehensive compliance program for a Bangladeshi export company, aligning with EU and US trade regulations, reducing operational risks.
2. Multi-Jurisdictional Coordination
Regulatory investigations often span multiple jurisdictions, requiring seamless coordination:
- Leveraging a global network of legal and forensic experts to manage complex, cross-border matters.
- Coordinating defenses in multi-agency investigations involving regulators in Bangladesh, the UK, and the US.
Case Study:
TRW managed a multi-jurisdictional investigation for a European bank with operations in South Asia, resolving overlapping inquiries by UK and US regulators.
3. Engaging with Enforcement Authorities
TRW’s team includes former regulators and prosecutors, offering valuable insights into enforcement strategies:
- Engaging with the Anti-Corruption Commission (ACC) in Bangladesh, the FCA in the UK, and the SEC in the US.
- Negotiating settlements and liaising with authorities to minimize financial and reputational damage.
Case Study:
TRW secured a favorable settlement for a Bangladeshi corporation under investigation by US authorities for FCPA violations, avoiding criminal charges.
Why Choose TRW for Regulatory Investigations and Financial Crime?
- Global Expertise with Local Insight:
TRW’s deep understanding of Bangladeshi, UK, and US laws ensures comprehensive support for clients across jurisdictions. - Proven Track Record:
The firm’s success in high-profile investigations and regulatory compliance underscores its reputation as a trusted advisor. - Tailored Solutions:
TRW delivers customized strategies, balancing legal, commercial, and reputational considerations. - Integrated Team:
With legal experts, forensic accountants, and industry specialists, TRW provides end-to-end solutions for complex cases. - Client-Centric Approach:
TRW prioritizes client interests, ensuring proactive and transparent communication throughout the engagement.
Conclusion: TRW as a Trusted Partner in Regulatory and Financial Crime Matters
Regulatory investigations and financial crime pose significant risks, but with expert legal guidance, businesses can navigate these challenges effectively. TRW Law Firm offers unparalleled expertise in resolving such issues, combining global perspectives with local knowledge to achieve favorable outcomes.
For corporations, financial institutions, and individuals facing regulatory scrutiny, TRW provides the legal acumen, strategic insight, and practical solutions necessary to safeguard their interests in an increasingly complex world.
REGULATORY AND FINANCIAL CRIME INVESTIGATIONS LAWYERS IN HONG KONG
Gall has the expertise to provide an all-encompassing professional service to help corporates and individuals navigate the relevant issues when faced with regulatory or financial crime-related investigations and to respond effectively to the challenges as they arise.
Our team of specialist lawyers has extensive experience dealing with the regulators and criminal investigators in Hong Kong (and elsewhere in the region), in particular the SFC, the HKMA, and the ICAC. We can assist at all stages throughout the regulatory investigation, as well as in any subsequent enforcement/disciplinary action.
We work to effectively and efficiently identify and respond to the relevant issues as they arise, wherever possible maintaining an open line of communication with the regulator/investigator with the aim of ensuring a swift resolution.
If you are involved in a regulatory or financial crime investigation, our team of specialist lawyers would be pleased to assist you.
Our team of lawyers are specialists in the following areas:
Acting as an interface with the police, investigators, and prosecuting authorities
Entering into plea bargaining for clients before or after charge
Conducting investigation and evidence gathering before trial
SFC and ICAC investigations
Acting to recover funds frozen in Hong Kong in respect of overseas investigations
I have been notified that I am under investigation by the Securities and Futures Commission (SFC). What does this mean?
The SFC, through its Enforcement Division, conducts formal investigations in Hong Kong. In addition to its investigative powers, the SFC has wide ranging powers including to take disciplinary action against SFC licensed corporations and licensed representatives, to seek civil remedies (for example, injunctions and freezing orders), to initiate proceedings for market misconduct before the Market Misconduct Tribunal and to prosecute certain securities related offences (for example, insider dealing offences). The SFC’s investigation powers include requiring the production of documents (and to require an explanation in respect of the same), requiring persons to attend interviews and to require all reasonable assistance in respect of the investigation.
It is therefore imperative at an early stage to accurately identify the matter being investigated and to fully understand your rights and obligations regarding the investigation which our regulatory and financial crime investigations lawyers will help you with.
My company is not regulated by the SFC. Can my company still be subject to a ‘dawn raid’ by the SFC?
Yes – our regulatory and financial crime investigations lawyers report that the SFC’s powers to conduct dawn raids (i.e. an unannounced inspection of premises by the SFC) enable the SFC to gain entry to company premises and to conduct a search irrespective of whether or not the company is SFC licensed. Indeed, such a search could take place at a person’s residential premises.
Notwithstanding the surprise nature of a dawn raid, companies can take steps to be better prepared for a dawn raid should it occur, including devising a response protocol which identifies those persons in the firm with specific roles should a dawn raid ever occur.