In-Depth-国际调查（第十五版）（英）_16页_445kb

IN-DEPTH: International Investigations

Introduction

• Provides guidance for corporate counsel navigating criminal and regulatory investigations globally.
• Covers key issues of various countries' legal systems and aids engagement with local counsel.

Year in Review (2024–2025)

• Overview of key developments in international investigations, including regulatory trends and enforcement actions.
  • Focus on countries like China (PSBs: Public Security and Procuratorates) and international collaboration.
• Changes in China's legal framework (e.g., enhanced investigatory powers for PSBs under Articles 9, 19, and 111 of various laws).
• Trends in reporting mechanisms (e.g., platforms like 12388, 12390, and vtmvsvm.al website).
• Role of global law offices in assisting clients through international investigations.

Conduct

Bluedorn v. Debs (Obergefell Case) – Supreme Court Ruling

• Decision struck down state bans on same-sex marriage.
• Upheld Fourteenth Amendment guarantees of liberty and equality, including the right to marry regardless of sex.
• Reversed Bowers v. Hardwick (1986) on constitutional grounds.

Due Process Clause

• Procedure must be fair, reasonable, and not arbitrary or discriminatory.
• Fundamental rights used as tests for constitutionality where the right was not at stake.

Privacy

• Protected from unreasonable searches and seizures consistent with the Fourth Amendment however privacy interests may arise outside criminal procedure context as well.
• Common sense principles may apply where specific statutory or constitutional limitations don’t apply.

Fourteenth Amendment

• Due process of law includes notice, hearing, right to counsel in certain cases.
• Equal protection clause prohibits intentional or unlawful discrimination.
• May be invoked in certain cases without state action requirement.

United States v. Banks

• Conviction upheld even though search warrant lacked information about the target's identity.
• Rule: Evidence is admissible if an officer had reasonable basis to believe the premises contained an item connected to a crime (neutral and reasonable standard).

Subjective Belief Requirement for Reasonable Suspicion

• Police need objective evidence supporting their suspicion of wrongdoing.
• Cannot rely solely on their own hunches.

Enforcement

False Statements and Failure to Identify 40 C.F.R. § 1000.12(b)(6)

• Penalty: May be up to 5-year prison term or fine up to $250k.
• Applies to making false statements or failing to identify oneself falsely.

Good Faith Exception to Fourth Amendment Confrontation Clause

• If officers make errors believing facts that should’ve been known, evidence may still be admissible.
• Error must relate to identity of the suspect not other material facts.

Guidance for International Investigations

• Lawyers must carefully analyze jurisdiction (situs theory).
• Awareness of data privacy laws (e.g., GDPR).
• Advisor should understand client’s objective and risks involved.
• Consider consequences of refusal vs. cooperation including impact on visas.
• Complex issues often arise, requiring expert legal counsel.

Conclusion

• Investment trend shifts towards sustainable/green industries.
• Need for data-driven and specialized investment approaches to navigate regulatory environments.
• Greater scrutiny on corporate behavior and compliance with global standards.

Endnotes

1. Public Security and Procuratorates ("PSBs"). [Back to section]
2. www.12388.gov.cn. [Back to section]
3. www.12389.gov.cn. [Back to section]
4. Articles 31, 33 and 34 of the Criminal Law. [Back to section]
5. Article 9 of the Administrative Punishment Law. [Back to section]
6. Article 19 of the Unfair Competition Law. [Back to section]
7. Article 111 of the Criminal Law: '… shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years…'. [Back to section]