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How do different legal systems hold companies and individuals criminally responsible for white-collar crime, and what happens when an investigation crosses borders? In this Global Law Experts roundtable, four criminal and white-collar practitioners compare how Malaysia, Belgium, Turkey and Switzerland allocate liability between corporations, senior management and direct offenders, run cross-border investigations and mutual legal assistance, and handle evidence and disclosure.
The through-line: corporate criminal responsibility is converging on a “failure to prevent” standard, while cross-border enforcement still turns on treaties, data-protection rules and geopolitics as much as on the law itself.
Chapters:
0:00 Introductions and the panel
1:17 How jurisdictions assign corporate and individual criminal liability
1:49 Malaysia: parallel charges and closing the corporate corruption gap
4:04 Belgium: corporate liability independent of the individual
6:53 Turkey: individuals are liable, companies face administrative fines
11:00 Switzerland: organisational failure and the Trafigura conviction
15:49 Cross-border investigations and mutual legal assistance
16:25 Malaysia: the 1MDB scandal, treaties and geopolitics
20:57 Belgium: EU mutual recognition, non-EU cooperation and Brexit
24:52 Turkey: why a detailed mutual-assistance checklist saves the case
29:56 Switzerland: parallel investigations and coordination
37:54 Disclosure, evidence and defence strategy
38:26 Malaysia: defending on incomplete disclosure
42:30 Belgium: the secret inquisitorial file and early positioning
47:27 Turkey: data protection, bank secrecy and sovereign immunity
54:12 Switzerland: timing of file access and the regulator’s edge
1:01:00 Emerging risks, technology and future trends
1:05:05 Belgium: digital forensics, sanctions and ESG litigation
1:08:31 Turkey: whistleblowers, training gaps and compliance failures
1:14:45 Switzerland: FINMA, crypto tracing and US sanctions
1:20:23 Closing thoughts
Panel:
Xavier Joachim, XK Law, Malaysia (Kuala Lumpur)
Dirk Libotte, Arcas Law, Belgium (Brussels)
Esra Bicen, EB Legal, Turkey (Istanbul)
Bruno Ledrappier, Charles Russell Speechlys, Switzerland (Geneva)
Hosted by Jenny, Global Law Experts.
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