A broad common approach, involving administrations such as civil registries and consulates, is instrumental to tackling the fraud and abuse perpetrated by Organised Criminal Groups (OCGs) via sham marriages. In addition, further enhancement of judicial cooperation and the coordination of investigations at EU level will give extra impetus to the fight to thwart those arranging marriages of this kind. These are the main recommendations made by Eurojust, the European Agency for Criminal Justice Cooperation, in a report which was adopted recently.  Continue reading…

by Alex Movchan

We recently conducted an interview together with Magali Logossou who is a Global Audit Manager Forensics by the Heineken company. We focused on the topic of conducting fraud investigations within organisations during the Covid-19 pandemic, which Magali Logossou gave her insights on given her expert opinion in the fields of internal auditing and forensic practices. Hello Magali, you have an impressive international career in France, UK, Switzerland and the Netherlands with in depth knowledge of internal audit and forensic practices. Based on your experience, on which 2-3 main points would you advise organisations to focus on to prevent or significantly minimise the probability of fraud occurring within an organisation? Continue reading…

The European Commission recently launched a new Customs Union Action Plan setting out a series of measures to make EU customs smarter, more innovative and more efficient over the next four years. The announced measures will strengthen the Customs Union as a cornerstone of the Single Market. They also confirm its major role in protecting EU revenues and the security, health and prosperity of EU citizens and businesses. In her political guidelines, President von der Leyen announced that the Customs Union needed to be taken to the next level, in particular, by ensuring an integrated European approach to customs risk management, which supports effective controls by EU Member States. The Action Plan does just that. Continue reading…

The Financial Stability Board (FSB) recently published a report on the use of supervisory (SupTech) and regulatory (RegTech) technology by FSB members and regulated institutions. The report finds that technology and innovation are transforming the global financial landscape, presenting opportunities, risks and challenges for regulated institutions and authorities alike. The opportunities offered by SupTech and RegTech have been created by the substantial increase in availability and granularity of data, and new infrastructure such as cloud computing and application programming interfaces. These allow large data sets to be collected, stored and analysed more efficiently. Authorities and regulated institutions have both turned to these technologies to help them manage the increased regulatory requirements that were put in place after the 2008 financial crisis. Continue reading…

by Massimo Balducci

The amount of resources to be mobilised by the EU Resilience and Recovery Fund (and connected funds) is huge. It is comparable with the amount of resources triggered off by the Marshall Plan after World War II. Compared with the GDP in some countries, the EU will invest more resources than the Marshall Plan did. In the case of Italy, the Marshall Plan invested about 12% of the Italian GDP. The EU will invest around 19% of the Italian GDP in Italy. Will the EU investment have an impact comparable with the one of the Marshall Plan? Or will it mostly be a positive impact and have negative unanticipated consequences that outweighs any positive outcome? Compliance shall possibly be called upon to play a key role to curb any negative unintended outcome. Here, the experience of the Marshall Plan can provide us with a useful frame of reference. A negative (i.e. what should be done differently in comparison to the Marshall Plan) point of reference and a positive one (i.e. what the EU should try to do following the Marshall Plan).   Continue reading…

Watching speeches is an unusual experience when we’re limited to communicating virtually. It is strange to give them in this way, too. Especially as in this case it is my last opportunity before I step down as interim chief executive of the FCA. But the next few minutes do allow me to take stock and also offer some brief thoughts on the future of regulation. First of all, what lessons can we take from Covid-19 so far? In terms of society, technology and the manner in which we regulate?

Second, how the FCA itself might change to meet some of these challenges, and what constants may remain? And third, given the backdrop of the UK’s exit from the EU, what’s the kind of regulation we need?

Continue reading…

Mr. Yves Mersch, Member of the Executive Board of the European Central Bank and Vice-Chair of the Supervisory Board of the European Central Bank, recently gave a speech at the Eurofi Financial Forum, Berlin on 11 September 2020. He reflected on two issues: our role in the extraordinary measures taken to keep economies afloat since the outbreak of the current crisis, and the limits of the ECB’s prudential mandate. The pandemic has dealt an unprecedented peacetime blow to the European economy. In spring, a great number of our businesses went into full lockdown. Crucially, however, banks in the euro area were able to offer vital support. To this end, ECB Banking Supervision provided far-reaching capital and operational relief, making record levels of lending possible during this exceptional time. Continue reading…

Judicial authorities in Germany are conducting an in-depth fraud investigation on the use of more than 200,000 diesel ‘defeat devices’ in cars produced by an international automotive group and international commercial vehicle manufacturer, as well as their subsidiaries. Coordinated searches to gather evidence are being carried out in Germany, Italy and Switzerland. The action was planned and coordinated with the support of Eurojust to ensure secure and efficient information exchanges between involved judicial and law enforcement authorities, agree on joint prosecutorial strategies and prepare operational actions, including today’s searches. The Frankfurt am Main Prosecution Service – Center for Commercial Criminal Matters – is leading the investigation in Germany against a number of responsible people working in the international automotive group. The investigation is focused on the suspicion that diesel engines installed in several car models sold by the company would be equipped with an illegal defeat device.  Continue reading…

by Frank Staelens

I would like to explain the regulation’s broad impact and to offer guidance for compliance. Most listed companies and large public organisations already consider whistleblowing management as an important governance mechanism with, in most cases, boards/audit committees being accountable to measure its effectiveness. This group is now moving toward the use of whistleblowing systems beyond reporting wrongdoing and starting to understand that instilling a transparent, “speak up” culture is perceived by stakeholders as a sign of good health. However, many other organisations still have a different position on the subject. But keep in mind, within the EU all member states have until December 17, 2021 to transpose the new whistleblower protection rules into national law.  Continue reading…