#26: Exotic settlement agreements

A relatively new phenomenon in fraud cases is the multi-jurisdictional settlement agreement. Various of these agreements – in which a suspect settles prosecution with multiple countries – have been subject of media attention and therefore it is unlikely that they escaped the attention of professionals in this field. Also in the Netherlands the phenomenon of multi-jurisdictional settlement agreement has set foot on the ground. A settlement with a Dutch company and the US authorities resulted in a transaction of USD 795 million of which the Dutch authorities got their fair share (USD 397,5 million). A profitable deal for the Dutch as this deal – according to a letter of the Dutch Minister of Justice to the government  – made it possible for the Dutch authorities to reach their financial goals in the fight against fraud. In principle, these agreements however do not lead to the result that all parties involved are ‘off the hook’. Various entities and private persons are still under criminal investigation by the Dutch authorities. In our opinion it is wise to guarantee their rights of defense in an early stage of the investigation, as every party involved has an interest that possible future issues deriving from such an investigation and settlement agreement land on their feet. Time to take a closer look into this phenomenon.

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#24: See you in 2018

Only two days left until 2017 comes to an end.

What a year it has been. It has been a year of interesting, frustrating and wonderful developments in our legal field. It is also safe to say that 2017 has been an exciting year for us. Our firm Hertoghs advocaten has started a new office in Amsterdam. And we are able to say we made an amazing start.

The year 2017 was a good year in which the various legal development highs and lows have passed in review. One thing is certain; these developments provide opportunities which we can and should share and use. We hope to have given you inspiration to do so.

For now; happy holidays and see you in 2018!

#14: International servers and data collection

We can hardly live anymore without foreign storage- and communication services like Gmail, Box, OneDrive or Apple Icloud. These services use mostly cloud applications and in most cases the cloud is owned by a third party. These applications can be accessed all over the world through different devices. It is therefore possible and likely that part of the data is stored in another country than the country where the owner of the data lives. In the Netherlands it is questionable whether the public prosecutor can order or seize data which is accessible in the Netherlands but is stored abroad.READ MORE

#12: Happy New Year!

Only two days left until 2016 will come to an end.

It is safe to say that 2016 has been a rollercoaster for the international community with amongst other things Brexit and Trump. Time will tell whether this will affect the developments in the cross boarder investigations and jurisprudence.

The year 2016 was a good year in which the various legal development highs and lows have passed in review. One thing is certain; these developments provide opportunities which we can and should use. We hope to have given you inspiration to do so.

For now; happy holidays and see you in 2017!

#09: Money laundering struggles

If the public prosecutor does not know for what crime he has to prosecute, he can always rely on money laundering. At least, this seems to be the latest strategy. The offence money laundering is often used by the authorities as a ‘safety net’ to come to an easy conviction. In the Netherlands the legal framework for money laundering is broad. Although the Supreme Court has set some boundaries the Public authorities wish to have a catch-all clause. However, judges keep on setting boundaries. We will give a brief overview of the (money) laundering jurisprudence in The Netherlands and the recent developments.READ MORE