Business Crime 2020 · 2020. 4. 28. · 46 Colombia AO2 Law: Bidemi Olumide & Ifure Udofa CMS Rodríguez-Azuero: Jacques Simhon Rosenbaum, Daniel Rodríguez Bravo, Santiago Calle

International Comparative Legal Guides

Business Crime 2020

10th Edition

A practical cross-border insight into business crime

ICLG.com

Advokatfirma DLA Piper Norway DA

AGS Legal

Anagnostopoulos

AO2 Law

Atsumi & Sakai

BDO LLP

Clayton Utz

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Del Rosal & Adame

Drew & Napier LLC

Durrieu Abogados

ENACHE PIRTEA & Associates S.p.a.r.l.

Haldanes

Hamdan Al Shamsi Lawyers and Legal Consultants

Homburger

Joyce Roysen Advogados

Kachwaha and Partners

Lawfirm Holzhacker

Lee and Li, Attorneys-at-Law

Matheson

Morais Leitão, Galvão Teles, Soares da Silva & Associados, S.P. R.L.

Noerr s.r.o.

Peters & Peters LLP

Rahman Ravelli

Sjöcrona Van Stigt

Skadden, Arps, Slate, Meagher & Flom LLP

Skrine

Sołtysiński Kawecki & Szlęzak

Studio Legale Pisano

Featuring contributions from:

Business Crime 202010th Edition

Contributing Editors:

Keith Krakaur and Ryan Junck Skadden, Arps, Slate, Meagher & Flom LLP

Disclaimer This publication is for general information purposes only. It does not purport to provide comprehensive full legal or other advice. Global Legal Group Ltd. and the contributors accept no responsibility for losses that may arise from reliance upon information contained in this publication. This publication is intended to give an indication of legal issues upon which you may need advice. Full legal advice should be taken from a qualified professional when dealing with specific situations.

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ISBN 978-1-83918-000-2 ISSN 2043-9199

Table of Contents

Expert Chapters1 Recent Trends in U.S. Enforcement and the Advent of Technology Legislation

Ryan Junck & Pippa Hyde, Skadden, Arps, Slate, Meagher & Flom LLP

4 The Business Crime Landscape Aziz Rahman, Nicola Sharp & Syedur Rahman, Rahman Ravelli

12 Corporate Response to Financial Irregularities and How to Prepare for a Crisis Kaley Crossthwaite & Richard Shave, BDO LLP

Country Q&A Chapters16 Argentina

Durrieu Abogados: Nicolas Durrieu & Alejandro Ignacio Ramella

25 Australia Clayton Utz: Tobin Meagher & Andrew Moore

34 Brazil Joyce Roysen Advogados: Joyce Roysen & Veridiana Vianna

56 Czech Republic Noerr s.r.o.: Petr Hrnčíř & Petr Kobylka

46 Colombia CMS Rodríguez-Azuero: Jacques Simhon Rosenbaum, Daniel Rodríguez Bravo, Santiago Calle Gómez & María Lucía Amador

83 Germany AGS Legal: Dr. Jan Kappel & Dr. Jan Ehling

180 Netherlands Sjöcrona Van Stigt: Sabine ten Doesschate & Pasqualle Uijtdewillegen

189 Nigeria AO2 Law: Bidemi Olumide & Ifure Udofa

196 Norway Advokatfirma DLA Piper Norway DA: Berit Reiss- Andersen, Victoria Palm & Ivar Valter Kristiansen

225 Romania ENACHE PIRTEA & Associates S.p.a.r.l.: Simona Pirtea & Madalin Enache

259 Switzerland Homburger: Flavio Romerio & Roman Richers

136 Italy Studio Legale Pisano: Roberto Pisano

205 Poland Sołtysiński Kawecki & Szlęzak: Tomasz Konopka

215 Portugal Morais Leitão, Galvão Teles, Soares da Silva & Associados, S.P. R.L.: Tiago Geraldo & Tiago da Costa Andrade

270 Taiwan Lee and Li, Attorneys-at-Law: Michael T. H. Yang & Benoit Feng

288 USA Skadden, Arps, Slate, Meagher & Flom LLP: Keith Krakaur & Ryan Junck

241 Spain Del Rosal & Adame: Bernardo del Rosal & Fernando Adame

233 Singapore Drew & Napier LLC: Gary Low & Vikram Ranjan Ramasamy92

Greece Anagnostopoulos: Ilias G. Anagnostopoulos & Jerina Zapanti

64 England & Wales Peters & Peters LLP: Hannah Laming & Karl Masi

73 France Debevoise & Plimpton LLP: Antoine Kirry & Alexandre Bisch

102 Hong Kong Haldanes: Felix Ng & Emily Cheung

112 India Kachwaha and Partners: Ashok Sagar & Sumeet Kachwaha

123 Ireland Matheson: Claire McLoughlin & Karen Reynolds

147 Japan Atsumi & Sakai: Masataka Hayakawa & Kumpei Ohashi

158 Liechtenstein Lawfirm Holzhacker: Dr.iur. Gerhard R. Holzhacker

171 Malaysia Skrine: Lim Koon Huan & Manshan Singh

281 United Arab Emirates Hamdan Al Shamsi Lawyers and Legal Consultants: Hamdan Al Shamsi, Roger Bowden & Nandini Tiwari

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Chapter 30

© Published and reproduced with kind permission by Global Legal Group Ltd, London

United Arab Emirates

United Arab Em

irates

1 General Criminal Law Enforcement

1.1 What authorities can prosecute business crimes, and are there different enforcement authorities at the national and regional levels?

The Public Prosecutor has exclusive jurisdiction over the criminal proceedings. Each Emirate in the UAE has a separate public prosecution department. Organisations with investigatory powers such as the DFSA and the Dubai Economic Security Centre would rely on the Public Prosecutor to handle prosecutions.

1.2 If there is more than one set of enforcement agencies, how are decisions made regarding the body which will investigate and prosecute a matter?

The Public Prosecutor is the sole authority for prosecuting business crime. The Public Prosecutor derives its authority from Article 5 of the UAE Federal Law No. 35 Concerning the Penal Procedures Law that states “the public prosecution is part of the judiciary; it investigates crimes and directs indictments in accordance with the provisions of this Law”.

1.3 Is there any civil or administrative enforcement against business crimes? If so, what agencies enforce the laws civilly and which crimes do they combat?

Issues related to money laundering and financial crimes are regulated by the Central Bank of the UAE. Issues relating to cybercrimes are regulated by the Telecommunications Regulatory Authority. Issues relating to work permits are regulated by the Ministry of Labour. The Competition Department at the Ministry of Economy handles the applications, for conducting the investigations breach of Competition Law regulations and regulates the implementation of the Competition Law in the UAE.

1.4 Have there been any major business crime cases in your jurisdiction in the past year?

No, there have not.

2 Organisation of the Courts

2.1 How are the criminal courts in your jurisdiction structured? Are there specialised criminal courts for particular crimes?

The UAE local courts consist of the Court of First Instance, Court of Appeal and Cassation Court. The UAE Federal courts consist of the Court of First Instance, Court of Appeal and Union Supreme Court. The Emirate of Dubai prescribe only for local courts. Ras Al Khaimah and Abu Dhabi prescribes for both local courts and federal courts. Whereas, Ajman, Fujairah, Sharjah and Umm al Quwain use the Federal courts system.

2.2 Is there a right to a jury in business crime trials?

No, there is not.

3 Particular Statutes and Crimes

3.1 Please describe any statutes that are commonly used in your jurisdiction to prosecute business crimes, including the elements of the crimes and the requisite mental state of the accused:

Securities fraud •Article 399 of the UAE Penal Code provides for penalty in relation to the securities fraud. The Article states “Shall be sentenced to detention or to a fine, whoever succeeds in appropriating, for him or for others, movable property, a deed or a signature thereon, cancellation, destruction or amendment thereof through deceitful means or use of false name or capacity, whenever this leads to deceit the victim and have him give away shall be sentenced to the same penalty, whoever disposes of an immovable or movable property being aware that it is not his property, that he is not entitled to dispose of it or disposes of it knowing that he previously disposed of, or contracted, it whenever such act of disposition causes prejudice to others.”

Accounting fraud •Article 399 of the UAE Penal Code also deals with accounting fraud.


Roger Bowden

Hamdan Al Shamsi

Nandini Tiwari

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Insider trading •Article 37 and 39 of the Emirates Securities & Commodities Authority Federal Law 4 of 2000 deals with the issue of insider trading. Article 37 of the law penalises the exploitation of undisclosed information with a tendency to affect prices of Securities in order to achieve personal benefits. Further, Article 39 of the law penalises, the gains made by the incumbents and employees of the company on the basis of unpub-licised or undisclosed information acquired by virtue of his position.

Embezzlement •Embezzlement is punished under Article 399 and 404 of the UAE Penal Code. Article 399 deals with the penalisation of fraud and Article 404 deals with the penalisation of breach of trust.

Bribery of government officials •Article 234 of the UAE Penal Code penalises Bribery of Government officials and states “Shall be sentenced to term imprisonment, every public servant or person in charge of a public service who asked or accepted for himself or for others any grant or privilege of any kind or a promise thereof in return of performing or abstaining from doing an act in breach of the duties of his office. Should the performance or abstention from doing are act be a duty, the penalty shall be imprisonment for a term not exceeding ten years.”

Criminal anti-competition •Federal Law No. (4) of 2012 on the Regulation of Competition provides for anti-competition laws in the UAE. Article 26 of the law provides an authority to the Competition Department at the Ministry of Economy for handling the applications, concerning the criminal complaints in relation to anti-competition.

Cartels and other competition offences •Federal Law No. (4) of 2012 on the Regulation of Competition provides for the anti-competition laws in the UAE. Article 5 of the law deals with prohibition of the Restrictive Agreements, in particular the agreements that aim to: a) fix prices thereby adversely affecting competition; b) determine the terms of the sale; c) collude in bids; d) limit the production, distribution and development; e) conspire not to purchase from or supply to a particular organisation; and f) limit the freedom of supply of goods and services or arranging a sudden oversupply of goods and services resulting in circulation of the goods and services at bogus prices. Article 6 of the law prohibits the abuse of a dominant position.

Tax crimes •The Cabinet Resolution No. 40 of 2017 on penalties for violations of tax laws in the UAE, provides for a wide range of penalties concerning the violations of tax laws.

Government-contracting fraud •Article 399 of the UAE Penal Code criminalises government-contracting fraud.

Environmental crimes •Federal Law No. 24 of 1999 for the Protection and Development of the Environment provides for Environmental Laws in the UAE. Article 73 of the law criminalises the disposing of oil or oil mixtures, or hazardous substances in the marine environment. The law further criminalises importing, bringing, burying, drowning, storing or disposing of hazardous and nuclear wastes or in any way in the environment.

Campaign-finance/election law •Not applicable.

Market manipulation in connection with the sale of derivatives •Article 36 of Federal Law No. (4) of 2000 concerning the Emirates Securities and Commodities Authority and Market states prohibits the furnishing of false and misleading information regarding the market value of securities that may affect the investor’s decision to invest or otherwise shall not be permitted.

Money laundering or wire fraud •This is regulated by Federal Law No. 4 of 2002 on Confrontation of Money Laundering Offences and Combating the Financing of Terrorism. Article 2 of the law criminalises conversion, transfer, deposit, saving, investment, exchange, concealment of any proceeds relating to the funds of illicit origin.

Cybersecurity and data protection law •Federal Decree by Law No. 5 of 2012 On Combating Cyber Crimes, regulates cybersecurity and data protection in the UAE. Article 2 of the Law criminalises any willful act by illegally accessing an electronic site. Article 4 of criminalises illegally accessing an electronic site for the purpose of obtaining government data or confidential informa-tion.

Trade sanctions and export control violations •The UAE has confirmed the implementation of sanctions concerning Somalia, Iran and North Korea. The penalty for a trade sanction violation includes at least one year’s imprisonment and a fine of at least Emirati Dirham 50,000.

Mens rea is an important element for all the crimes stated above in section 2.

Any other crime of particular interest in your jurisdiction •Not Applicable.

3.2 Is there liability for inchoate crimes in your jurisdiction? Can a person be liable for attempting to commit a crime, whether or not the attempted crime is completed?

Attempting to commit a crime is punishable in a few cases such as offences related to bribery and money laundering. Inchoate crimes, which fall below an attempt, are not covered by the law.

4 Corporate Criminal Liability

4.1 Is there entity liability for criminal offences? If so, under what circumstances will an employee’s conduct be imputed to the entity?

Article 65 of the Federal Penal Code provides for the liability of an entity or juridical persons, (with the exception of governmental agencies) for any criminal act by its representative, director or agent. Entities are often liable for criminal offences related to breach of trust, deceit, bribery and corruption, money laundering, bounced cheques, labour matters, etc.

4.2 Is there personal liability for managers, officers, and directors if the entity becomes liable for a crime? Under what circumstances?

Yes, shareholders and managers of the company (whose name appears on the licence of the company) are liable if the entity becomes liable for a crime. The circumstances remain similar to those stated in question 4.1 above.

4.3 Where there is entity liability and personal liability, do the authorities have a policy or preference as to when to pursue an entity, when to pursue an individual, or both?

There is no preference as such authorities have a duty to prosecute both the entity as well as the individual.

4.4 In a merger or acquisition context, can successor liability apply to the successor entity? When does successor liability apply?

The UAE laws as such do not specifically provide for successor liability.

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5 Statutes of Limitations

5.1 How are enforcement-limitations periods calculated, and when does a limitations period begin running?

Federal Law No. 35 of 1992 (the Criminal Procedure law), provides for the limitation period to begin from the time when the complainant had the knowledge of cause of action or when the cause of action occurred whichever happens earlier. The law provides a limitation period of 20 years for felonies, five years for misdemeanors and one year for contraventions.

5.2 Can crimes occurring outside the limitations period be prosecuted if they are part of a pattern or practice, or ongoing conspiracy?

No, they cannot.

5.3 Can the limitations period be tolled? If so, how?

Yes, the limitation period is tolled in the cases when there is an investigation measure taken by the authorities or when the criminal proceeding is suspended in view of a decision of another court of competent jurisdiction.

6 Initiation of Investigations

6.1 Do enforcement agencies have jurisdiction to enforce their authority outside your jurisdiction’s territory for certain business crimes? If so, which laws can be enforced extraterritorially and what are the jurisdictional grounds that allow such enforcement? How frequently do enforcement agencies rely on extraterritorial jurisdiction to prosecute business crimes?

The enforcement authorities do not have the power to conduct the investigation outside the jurisdiction’s territory. However, authorities often do rely upon the enforcement treaties executed with the over-seas authorities.

6.2 How are investigations initiated? Are there any rules or guidelines governing the government’s initiation of any investigation? If so, please describe them.

Investigation of the crime is initiated upon filing a complaint with police or a relevant investigation authority. The procedure to be followed while investigating the complaint is set out in the Federal Law No. (35) of 1992 Concerning the Criminal Procedural Law.

6.3 Do the criminal authorities in your jurisdiction have formal and/or informal mechanisms for cooperating with foreign enforcement authorities? Do they cooperate with foreign enforcement authorities?

Yes, UAE has signed treaties such as the Mutual Assistance in Criminal Matters (United Arab Emirates) Regulations 2010. Further, the UAE is also a signatory of the Riyadh Arab Convention on Judicial Co-operation.

7 Procedures for Gathering Information from a Company

7.1 What powers does the government have generally to gather information when investigating business crimes?

The government authorities have the power to arrest the suspects, ask for compulsory production of the documents, conduct searches and seizure of evidence, etc. The authorities can also conduct raids, scan of bank accounts, etc.

Document Gathering:

7.2 Under what circumstances can the government demand that a company under investigation produce documents to the government, and under what circumstances can the government raid a company under investigation and seize documents?

The authorities have an absolute power to demand document production from a company, and there are no special circumstances as such.

7.3 Are there any protections against production or seizure that the company can assert for any types of documents? For example, does your jurisdiction recognise any privileges protecting documents prepared by in-house attorneys or external counsel, or corporate communications with in-house attorneys or external counsel?

The exchange of information between the attorney and client remains privileged.

7.4 Are there any labour or privacy laws in your jurisdiction (such as the General Data Protection Regulation in the European Union) which may impact the collection, processing, or transfer of employees’ personal data, even if located in company files? Does your jurisdiction have blocking statutes or other domestic laws that may impede cross-border disclosure?

The Penal Code prohibits the employer from transferring the personal data of the employee or give access to an individual’s personal data or from disclosing or publicising that information, without obtaining the consent of such employee.

7.5 Under what circumstances can the government demand that a company employee produce documents to the government, or raid the home or office of an employee and seize documents?

Upon receiving a complaint from a complainant, the government agency may demand that a company employee provide documents to the government and it may raid the home or office of an employee and seize the documents.


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7.6 Under what circumstances can the government demand that a third person or entity produce documents to the government, or raid the home or office of a third person or entity and seize documents?

An enforcement authority cannot directly demand a third person or entity produce documents if that third person or entity is not a suspect in the crime. A third party or entity can be asked to produce documents/any other information only pursuant to a document/ information production order issued by the competent court.

Questioning of Individuals:

7.7 Under what circumstances can the government demand that an employee, officer, or director of a company under investigation submit to questioning? In what forum can the questioning take place?

Upon receiving a complaint from the complainant, the government may demand that an employee, officer, or director of a company under investigation submit to questioning. Generally, the police station and the public prosecution offices remain the forum where the questioning takes place.

7.8 Under what circumstances can the government demand that a third person submit to questioning? In what forum can the questioning take place?

An enforcement authority cannot directly demand a third person to submit to questioning if that third person is not a suspect of the crime. A third person can be asked to submit to the questioning pursuant to an order of the competent court.

7.9 What protections can a person assert upon being questioned by the government? Is there a right to be represented by an attorney during questioning? Is there a right or privilege against self-incrimination that may be asserted? If a right to assert the privilege against self-incrimination exists, can the assertion of the right result in an inference of guilt at trial?

In the UAE a Defendant has the right to the fair trial; however, the right against self-incrimination does not exist under UAE law. The Defendant cannot be represented by an attorney during questioning at the initial stages of the trial.

8 Initiation of Prosecutions / Deferred Prosecution / Civil Dispositions

8.1 How are criminal cases initiated?

In the UAE Criminal Cases are initiated by the filing of a complaint against the wrongdoer before the police station of appropriate jurisdiction. The complaint needs to include detailed information about the crime and the sequence of events leading to the crime. A complaint may be submitted to the police in writing (in Arabic) or by way of statement before the police which is recorded by police in Arabic and signed by the complainant.

8.2 What rules or guidelines govern the government’s decision to charge an entity or individual with a crime?

Article 65 of the Federal Penal Code provides for the liability of an entity or juridical persons, (with the exception of governmental agencies) for any criminal act by its representative, director or agent. Entities are often liable for criminal offences related to breach of trust, deceit, bribery and corruption, money laundering, bounced cheques, labour matters, etc.

8.3 Can a defendant and the government agree to resolve a criminal investigation through pre-trial diversion or an agreement to defer prosecution? If so, please describe any rules or guidelines governing whether pretrial diversion or deferred prosecution agreements are available to dispose of criminal investigations.

This is not applicable in the UAE.

8.4 If deferred prosecution or non-prosecution agreements are available to dispose of criminal investigations in your jurisdiction, must any aspects of these agreements be judicially approved? If so, please describe the factors which courts consider when reviewing deferred prosecution or non-prosecution agreements.


8.5 In addition to, or instead of, any criminal disposition to an investigation, can a defendant be subject to any civil penalties or remedies? If so, please describe the circumstances under which civil penalties or remedies may apply.

The civil penalties may be applied in the event a civil action is initiated along with the criminal action and not otherwise.

9 Burden of Proof

9.1 For each element of the business crimes identified above in Section 3, which party has the burden of proof? Which party has the burden of proof with respect to any affirmative defences?

The Burden of Proof is initially borne by the Claimant or the Petitioner. The burden of proof shifts to the Defendant upon the Claimant successfully establishing a prima facie case. In relation to an affirmative defence, the burden lies with the person pleading such defence.

9.2 What is the standard of proof that the party with the burden must satisfy?

The Standard of Proof is – beyond reasonable doubt.

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9.3 In a criminal trial, who is the arbiter of fact? Who determines whether the party has satisfied its burden of proof?

It is the prosecution officer/judge who acts the arbiter of fact and who determines if a party has discharged its burden of proof.

10 Conspiracy / Aiding and Abetting

10.1 Can a person who conspires with or assists another to commit a business crime be liable? If so, what is the nature of the liability and what are the elements of the offence?

Article 44 of the UAE Penal Code provides “Whoever perpetrates alone a crime or acts as a direct accomplice shall be considered a perpetrator of the crime. An accomplice is a direct one in the following instances: First: if he perpetrates the crime with another person. Second: if he participates in its perpetration when it consists of several acts and he deliberately commits one of its constituent acts. Third: if he sub-serves another person by any means to execute the criminal act and the latter is not criminally responsible for this act for any reason whatsoever.” Therefore, the liability of the accomplice remains equivalent to the liability of the perpetrator.

11 Common Defences

11.1 Is it a defence to a criminal charge that the defendant did not have the requisite intent to commit the crime? If so, who has the burden of proof with respect to intent?

The prosecution is mandatorily required to prove that the Defendant had an intention to commit the crime.

11.2 Is it a defence to a criminal charge that the defendant was ignorant of the law, i.e., that he did not know that his conduct was unlawful? If so, what are the elements of this defence, and who has the burden of proof with respect to the defendant’s knowledge of the law?

No, ignorance of the law is not a defence.

11.3 Is it a defence to a criminal charge that the defendant was ignorant of the facts, i.e., that he did not know that he had engaged in conduct that he knew was unlawful? If so, what are the elements of this defence, and who has the burden of proof with respect to the defendant’s knowledge of the facts?

Ignorance of the facts is a defence. The Burden of Proof lies with the Defendant.

12 Voluntary Disclosure Obligations

12.1 If a person or entity becomes aware that a crime has been committed, must the person or entity report the crime to the government? Can the person or entity be liable for failing to report the crime to the government? Can the person or entity receive leniency or “credit” for voluntary disclosure?


13 Cooperation Provisions / Leniency

13.1 If a person or entity voluntarily discloses criminal conduct to the government or cooperates in a government criminal investigation of the person or entity, can the person or entity request leniency or “credit” from the government? If so, what rules or guidelines govern the government’s ability to offer leniency or “credit” in exchange for voluntary disclosures or cooperation?


13.2 Describe the extent of cooperation, including the steps that an entity would take, that is generally required of entities seeking leniency in your jurisdiction, and describe the favourable treatment generally received.


14 Plea Bargaining

14.1 Can a defendant voluntarily decline to contest criminal charges in exchange for a conviction on reduced charges, or in exchange for an agreed-upon sentence?

Negotiating a plea bargain is allowed in the UAE. In relation to corporate criminal liability the officers of Minister

of Economy, have the right and power to effect settlement in relation to plea bargain. The settlement regarding the plea bargain is generally reached before a criminal case is referred to the prosecution officers.

14.2 Please describe any rules or guidelines governing the government’s ability to plea bargain with a defendant. Must any aspects of the plea bargain be approved by the court?

There are no strict guidelines in relation to the plea bargain.

15 Elements of a Corporate Sentence

15.1 After the court determines that a defendant is guilty of a crime, are there any rules or guidelines governing the court’s imposition of a sentence on the defendant? Please describe the sentencing process.

The UAE has a complex sentencing regime that requires a prosecution judge to impose a sentence of severity appropriate to all the circumstances of the offence. The prosecution judge deter-mines the sentence of a Defendant on a case-by-case basis, while complying with the rules stipulated in UAE Penal Code and the UAE Criminal Procedure Code.


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15.2 Before imposing a sentence on a corporation, must the court determine whether the sentence satisfies any elements? If so, please describe those elements.

The sentencing principles applicable to the corporation are same as the ones applicable to the individuals unless the principles are not capable of being applied.

16 Appeals

16.1 Is a guilty or a non-guilty verdict appealable by either the defendant or the government?

The UAE laws provide a right to appeal against a decision resulting in conviction and a decision resulting in acquittal.

16.2 Is a criminal sentence following a guilty verdict appealable? If so, which party may appeal?

Both the prosecution and defence have a right to appeal the verdict.

16.3 What is the appellate court’s standard of review?

The appellate court’s standard of the review includes both the review of the fact and evidence supporting the facts and the application of the law.

16.4 If the appellate court upholds the appeal, what powers does it have to remedy any injustice by the trial court?

The appellate court’s powers are wide including issuing the orders for acquittal/conviction/reducing or increasing the sentence. The appellate courts have absolute power to reverse the decision of the lower courts.

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Hamdan Al Shamsi has nearly a decade of successful litigation experience across the United Arab Emirates and has built one of Dubai’s most reputable and respected law practices. He is widely regarded as a top litigator in the Dubai Courts, with extensive experience in corporate, banking and finance and insurance law. Mr. Al Shamsi advises both local and international companies and governmental entities in cases involving complex litigation. He appears regularly before the Appeals Court and the Court of Cassation, as well as UAE’s Federal Supreme Court. Mr. Al Shamsi has been described as being “…very thorough and highly efficient – Hamdan faced each challenge with strategy, professionalism and confidence which ultimately resulted in our successful outcome”. It is no surprise that he has been awarded as one of the most influential young leaders in the Middle East and the young achiever award, amongst many more.

Hamdan AlShamsi Lawyers & Legal Consultants Office 1611, 16th Floor Al Manara Tower, Al Abraj Street Business Bay, Dubai United Arab Emirates

Tel: +971 4 346 9262 Email: [email protected] URL: www.alshamsilegal.com

Hamdan AlShamsi Lawyers & Legal Consultants was established in 2011. It has since become a name synonymous with success and is well-known in the legal circuit. The success of the law firm is due to its specialisation in advising on commercial issues, insurance, due diligence, family law, intellectual property law, banking, companies law and other matters locally, and its dedication towards offering unparalleled, high-quality and culturally sensitive legal services, while adhering to the highest standards of integrity and excellence.

www.alshamsilegal.com

Roger Bowden is a lawyer with 24 years’ experience. He had a successful career as a barrister in the New Zealand District, High and Appeal Courts and is recorded by the High Court of New Zealand as a “very eloquent and competent counsel”. Roger has worked with the firm since 2014 and is an energetic member of the team who is always busy studying the law and searching for the best outcome for the firm’s clients. Roger believes that ultimately all cases are won and lost on the facts. Applying the law to those facts is simply a matter of finding the right page to look on. Roger specialises in contract law where he utilises his background in many different branches of the law including equity and trust, tort law, administrative law and even criminal law to provide the best protection to the firm’s clients.



Nandini Tiwari is an Associate in the DIFC Team. Boasting top academics and three years’ experience working in Dubai, Nandini’s work takes her across DIFC, Arbitration, Dubai Courts and into the Corporate field. She possesses that magic combination work ethic and intellectual horsepower. Her encyclopedic knowledge of the DIFC Rules and procedures helps to drive the success of every case she touches.



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Business Crime 2020 · 2020. 4. 28. · 46 Colombia AO2 Law: Bidemi Olumide & Ifure Udofa CMS Rodríguez-Azuero: Jacques Simhon Rosenbaum, Daniel Rodríguez Bravo, Santiago Calle