[Webinar] Recent Trends in US Department of Justice International Criminal Investigations – September 8, 9:00 AM – 10:00 AM JST | Paul Hastings LLP

Discussion with two former senior prosecutors on how to handle cases involving Japanese multinationals

It is not uncommon for the US Department of Justice to investigate non-US multinational corporations in international criminal cases, interview foreign witnesses, and prosecute. Moreover, the facts under investigation often extend beyond the United States. Over the past five years, the Ministry of Justice’s investigation and prosecution policies have become more sophisticated, and even Japanese companies are no longer able to respond to risks without paying attention to their trends. In addition, the failure to conduct legal investigations and to respond to them in an inadequate manner engages the responsibility of directors and general managers.

In this seminar, we will see how the practice of international investigations and prosecutions around Japanese companies has changed and evolved between a lawyer who was a prosecutor for the Ministry of Justice until last year, a lawyer who was a long time prosecutor for the Ministry of Justice, and a lawyer specializing in the practice of international transactions of Japanese companies. Specifically, participants will discuss (1) cooperation with other investigative bodies in their own country and abroad, (2) changes in leniency requirements through business cooperation, ( 3) expediting aggravated responses to repeat offenses, (4) utilizing vessel monitoring and developing requirements, (5) expanding the scope of written submission orders under the Patriot Act, (6) the growing use of economic sanctions and (7) measures against virtual currencies, using specific examples.

Moreover, as a Japanese multinational, it is important to consider concrete measures to respond to these situations. There are a variety of tasks to be addressed, including (a) improving compliance systems, (b) confirming the scope of solicitor-client privilege and (c) aligning with legislation on data confidentiality. We hope that we can understand the current risk factors and find a way to address them. We look forward to your participation.

Speakers:
Nathaniel Edmonds (Partner, Washington DC)
Leo Tsao (Partner, Washington DC)
Toshiyuki Arai (Partner, Tokyo)