by Frank Staelens

The priority of European business owners today is fighting the effects of the pandemic, understandably, but as a result, a creeping danger remains hidden under the radar. We are in whistleblower alert phase one! The transposition of the new EU whistleblower rules by the EU Member States into national law is expected by December 17, 2021. Immediately thereafter, it is expected that these rules will apply to private and public organisations with more than 250 employees. Organisations with fewer than 250 employees will have two additional years of grace, but they will also be subject to the new regulations, with some exceptions for small businesses with fewer than 50 employees. Continue reading…

Whistleblowers are the primary source of information, leading to successful policing on economic crime. Detecting organisational misbehaviour is challenging, especially when those that witness wrongdoings do not have sufficient knowledge and incentives on how, and whether, to disclose. The webinar series “Whistleblowing Demystified,” which was held on Tuesday, May 25th 2021 was aimed at giving confidence and guidance to companies to treat those speaking out with respect and dignity, whilst at the same time protecting the organisation from malicious accusations. There are many pressing ethical and legal questions related to whistleblowing that might affect the effectiveness of disclosure. The webinar was moderated by Elina Karpacheva from the European Compliance Center, and featured Ian Ross as the guest speaker of the morning. This event was also jointly organised by the European Compliance Center and the Risk & Compliance Platform Europe and endorsed by VUZF University in Bulgaria. This is part one. Continue reading…

The Commission recently published its guidance on how the Code of Practice on Disinformation, the first of its kind worldwide, should be strengthened to become a more effective tool for countering disinformation. It sets out Commission expectations, calls for stronger commitments by the signatories and foresees a broader participation to the Code. Based on a robust monitoring framework and clear performance indicators, signatories should reduce financial incentives to disinformation, empower users to take an active role in preventing its spread, better cooperate with fact-checkers across EU Member States and languages, and provide a framework for access to data for researchers. Continue reading…

The stark rise in the production of synthetic drugs such as (meth-)amphetamines poses increasing challenges for prosecutors across Europe. By rapidly changing the composition of chemicals used for these drugs – as, for instance, red phosphorus, MAPA and APAA – or creating new substances, producers try to exploit legal gaps and avoid prosecution. Also, due to legal uncertainties, it is often difficult to prove suppliers are deliberately selling illegal drugs or substances. Furthermore, the sale of synthetic drugs via online marketplaces, particularly on the darknet, is an obstacle for prosecutions and seriously harms public health. These are some of the main conclusions of the new Eurojust Report on Drug Trafficking. Illicit drug trafficking across the EU is generally growing strongly, with an estimated value of at least EUR 30 billion. The report gives further recommendations to increase financial investigations, asset recovery and judicial cooperation, including with third countries. Continue reading…

by Frank Staelens

Although the global amount spent on combating financial crime went above $1,3 billion, 2020 saw a record number of enforcement actions in numerous global jurisdictions. Furthermore, estimates suggest between $800 billion and $2 trillion of criminal money flows went through the financial system in 2020, while an overwhelming majority of it remained undetected. In other words, the Financial Crime combat status at the average financial institution today is too high in spending, and too low on results. Although regulators around the world always allowed for financial institutions to design their own risk based approach, review procedures are often copied from one institution to another and/or are standardised by using fixed checklists and risk weights. For instance, the risk weight for involvement with real estate activities is usually the same for all clients, while the specifics around the nature of the real estate activities (professional/private person, renting/promotion/project development, number of transactions and amounts concerned, the regions of activity, risk mitigating factors …) are best taken into account to avoid either over- or under qualification of risks. 
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The uneven economic impact of the pandemic means that financial stability risks are concentrated in specific sectors and countries, often with higher pre-existing vulnerabilities, concludes the May 2021 Financial Stability Review (FSR) of the European Central Bank (ECB). “As the euro area emerges from the third wave of the pandemic, risks to financial stability remain elevated and have become more unevenly distributed. A higher corporate debt burden in countries with larger services sectors could increase pressure on governments and banks in these countries,” said Luis de Guindos, Vice-President of the ECB. “Extensive policy support, particularly for corporates, could gradually move from being broad-based to more targeted,” he added. Continue reading…

Five members of a Slovak organised crime group (OCG) have been sentenced in the United Kingdom for up to eight years in prison for the exploitation of fellow nationals in a case of modern slavery and money laundering. Between 2008 and 2017, the victims were forced to work under appalling circumstances in British restaurant kitchens and car wash facilities, receiving only approximately EUR 25 for working weeks of up to 80 hours a week. In 2019, Eurojust organised and supported coordinated actions of the UK and Slovak authorities that led to the arrest of the five perpetrators. Continue reading…

Eurojust has supported an operation against large-scale VAT fraud, money laundering and forgery of documents, which have cost the Spanish tax authorities EUR 26 million in missed revenues. In record time, the Agency coordinated the judicial cooperation with Slovakia, Belgium and the Netherlands to halt the fraud scheme. The scammers had set up a series of fake companies to avoid paying VAT within the internal market. During an action day, 22 suspects were arrested and 24 places were searched. A total of 13 properties and 16 vehicles were seized, and tens of bank accounts were frozen. Continue reading…

Nikhil Rathi, CEO to Association of Foreign Banks recently delivered a speech at the Association of Foreign Banks – CEO Programme 2021 – on 6 May 2021. Given the events of the last couple of years, it’s no surprise that so many of the financial services industry’s events at the moment have ‘post’ in the title. We may have finally gone from ‘post-financial crisis’ to ‘post-Brexit’ and, hopefully very soon, ‘post-Covid’. But of course, the really interesting question for regulators and for industry is always what comes next, and how we can shape that and prepare ourselves for it. I’m looking forward to discussing some of the most significant issues and how we’re approaching them. Of course, at this stage, I can’t promise you with certainty as to how these issues will be resolved – but we want to be as open and clear as possible in explaining our perspective, our approach, and the outcomes that we are working towards. Continue reading…

by Michal Pleticha

Whistleblowing is back in the spotlight, ready to ignite heated debates later this year. Why? The 17th of December 2021 marks the expiration of the transposition period of the EU Whistleblower Directive1. To put it simply, every EU Member State should have the effective law on the protection of whistleblowers by the end of this year, which means that the internal compliance systems of many public and private entities is about to change. Let’s have a closer look at the preparations in two EU countries, Germany and the Czech Republic who share the similar model of whistleblower protection: partial and fragmented. Continue reading…