The second session of the Compliance Task Force created by European American Chamber of Commerce Auvergne Rhone-Alps (EACC) in partnership with Soulier Avocats took place on June 8, 2023.

The theme of this second session was "A comparative analysis of the fight against organized economic crime in France and the USA".

After an update by our Counsel Claire Filliatre on the duty of vigilance (also called due diligence duty) following the adoption by the European Parliament of the EU Directive on corporate sustainability due diligence, Aymeric Dumoulin, Esq., member of New York Bar, presented his comparative analysis of the fight against organized economic crime in France and the USA, through the study of the implementation of internal investigations and negotiated plea agreements.

In particular, he stressed the influence that the USA has had on the implementation of the so-called Convention Judiciaire d'Intérêt Public (French-style Deferred Prosecution Agreement) under French law, and the crucial importance for companies under investigation of demonstrating their good faith through cooperation with the investigating authorities and the launch of an internal investigation.

His testimonial, with many real-life examples and recent media cases in which he has been involved as a lawyer, highlighted the urgent need for companies to design and implement suitable compliance programs in order to protect themselves against any risk of prosecution by the American and French authorities and/or to reduce the fine likely to be imposed in the event of a proven infringement.

The update on the duty of vigilance made by our Counsel Claire Filliatre is available here: Update: Impact of the European "CS3D" Directive on French law on the duty of vigilance (in French only).

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