Lessons Learned From the First-Ever French Convention Judiciaire d’Intérêt Public Concluded With HSBC

On October 30, 2017, less than a year after the enactment of France’s new anti-corruption law known as Sapin II, which created a new settlement tool for use in connection with certain corporate criminal investigations, HSBC Private Bank Suisse SA (HSBC PRBA) entered into a convention judiciaire d’intérêt public (CJIP), France’s first-ever corporate resolution mechanism. In a guest article, Bryan Sillaman, a partner in Hughes Hubbard’s Paris office, and his associate, Marie-Agnès Nicolas, explain that although questions remain regarding certain CJIP-related provisions of Sapin II, the resolution with HSBC PRBA provides a helpful starting point to assess how such agreements will be structured in light of Sapin II’s statutory framework and the procedural requirements of the French legal system. See “Despite Anemic Prosecutions, France Moves Toward Increased Anti-Corruption Enforcement” (Oct. 26, 2016).

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