The evolution of the fight against organised crime in Brazil: from criminal factions to complex financial structures
This article traces the evolution of Brazil’s fight against organised crime, from the adoption of the Palermo Convention and the enactment of Law No. 12,850/2013 to the recent wave of financial crime operations and the passage of Law No. 15,358/2026 (otherwise known as the ‘Anti-Faction Law’). It highlights a paradigm shift from prosecuting traditional criminal factions (organised criminal groups) to dismantling complex financial structures embedded within the formal economy.
Released on Jun 8, 2026
A new compliance framework for companies operating in Latin America: heightened risks of exposure to cartel activity
Description: Recent changes in the use of counter-terrorism, anti-money laundering and economic sanctions tools against regional criminal organisations by the US government have resulted in increased compliance and enforcement risks for companies operating in Latin America. While no legitimate business would knowingly support drug cartels, the new enforcement focus of the Trump administration means even well-intentioned companies face increased risk from routine business activities. This article provides an overview of the recent regulatory changes in this regard and discuss practical steps companies can take to mitigate the risks.
Released on Jun 8, 2026
Parallel tracks: multilateral development bank sanctions proceedings and the criminal law of corruption in Latin America
The Inter-American Development Bank’s sanctions system is invisible to most criminal practitioners in Latin America. It should not be. Over the past decade, it has become a parallel track of corruption enforcement, reaching every IDB-financed contract in the region, debarring firms and individuals across the multilateral development bank system and increasingly feeding material to national prosecutors. This article explores not only the great strengths, but the issues of the system to give an insightful overview that will aid international lawyers with the question of how to move forward with the system at hand.
Released on Jun 8, 2026
US DOJ’s 2026 Q1 Latin America enforcement agenda: the convergence of enforcement, national security and foreign policy
In May 2025, the United States Department of Justice (DOJ) issued a memorandum detailing its white-collar crime enforcement priorities, which included, among other goals, eliminating cartels and transnational criminal organisations (TCOs), prosecuting threats to US national security and targeting bribery and money laundering that harm US national interests. This article assesses how these points, alongside other national interests converged in the first quarter of 2026 and how Latin America has emerged as a focal point.
Released on Jun 8, 2026
Greenwashing: a ‘green’ collar crime?
This article assesses the growing phenomenon of greenwashing as a fraudulent corporate practice, examining its regulatory treatment across Latin America, and argues that greenwashing satisfies the definitional requirements of white-collar crime, warranting formal criminal recognition in Latin America.
Released on Jun 8, 2026
Spain as a gateway to Europe: smuggling risks involving Latin American trade flows
Spain occupies a distinctive position in regard to the trade between Latin America and Europe. It is not merely a relevant partner for Spanish-speaking countries. In many cases, it also serves as the natural gateway for goods entering the European Union from the region. This role, shaped by historical, logistical and economic factors, has a direct consequence: it places Spain at the forefront of administrative and criminal enforcement involving international trade with Latin America.
Released on Jun 8, 2026
Criminal liability for greenwashing: an industry perspective involving a Luxembourg fund
This article explores the growth of sustainable investment and green finance in Luxembourg and Europe, as well as looking at how bodies such as the EU can approach greenwashing as a consumer law offence.
Released on Jan 28, 2026
IBA Criminal Law Section at the 2025 IBA Annual Conference in Toronto, November 2025
This article reflects on the highlights of the IBA Annual Conference in Toronto for the Criminal Law Section. This included panels on the impact of INTERPOL red notices, misconduct against corporates, investigative journalism, and more!
Released on Jan 28, 2026
Criminal law and access to remedy for business-related human rights violations: evaluating the role of supply chain due diligence legislation in a transnational context
This article examines the structural, jurisdictional and doctrinal barriers that impede the achievement of effective criminal accountability for corporate involvement in human rights violations occurring across borders. It argues that the prevailing emphasis on civil and administrative enforcement mechanisms leaves significant accountability gaps according to which abuses reach the threshold of criminal conduct, such as forced labour, human trafficking and severe environmental harm.
Released on Jan 28, 2026
Steal, deal and repeat: the commodification of personal data as the backbone of the digital criminal ecosystem
Recent European threat assessments confirm that personal data has become a strategic asset within organised cybercrime. This article examines the criminal law implications of the theft, trade and exploitation of data, focusing on service-based criminal models, the enabling role of artificial intelligence and the growing mismatch between digital criminal ecosystems and traditional liability frameworks.
Released on Jan 28, 2026
A privilege divided: Indian Supreme Court bolsters protections for external counsel but excludes in-house lawyers
This article analyses how India’s Supreme Court’s ruling on the privilege of confidential communications between a lawyer and their client effects corporate India and their in-house counsel.
Released on Jan 28, 2026
The diffusion paradox within transnational policing: at the crossroads of expedited processes and limited regulation
This article examines the dual nature of diffusions within international policing, emphasising their role in facilitating swift cross-border action, while raising concerns related to oversight, political misuse and human rights violations, and outlining necessary measures for the creation of a balanced framework.
Released on Jan 28, 2026
A one-off or a turning point? Key takeaways from the Supreme Court of India’s approach to the Sterling Biotech settlement
In November 2025, the Supreme Court of India closed one of India’s most complex and long-running bank fraud matters involving the Sterling Biotech group. This article focuses on what the judgment means practically for boards and senior management when dealing with large, multi-agency financial disputes.
Released on Jan 28, 2026
The rule of law and human rights in Pakistan
This article explores the tension between Pakistan’s framework of human rights being based on international standards, while the protection of these rights within the criminal justice system are often challenged. It closes with recommendations made by the International Bar Association Criminal Law Committee and its Human Rights Institute on how to move forward with sustainable reforms that focus on integrity and accountability.
Released on Jan 28, 2026
The Interpol silver notice: the pilot project in the fight against international money laundering
In recent years, there has been a significant rise in crimes committed by individuals operating internationally. The increasing internalisation of offences makes it all the more necessary to establish effective and consistent mechanisms for cooperation and intervention at a global level. In this context, Interpol plays a leading role among the international bodies charged with providing operational and informational support to countries around the world. The system includes several types of notices, each with specific and well-defined objectives, the most familiar being the red notice. Recently, however, attention has been focused on a new category of notice that is set to profoundly revolutionise the international investigative paradigm: the silver notice.
Released on Aug 17, 2025
When ESG fails: an Asia–Pacific perspective on the rising tide of criminal liability impacting the corporate sustainability landscape
In February 2024, legal leaders from across Asia gathered at the Asia Legal Priorities 2024 event, hosted by Thomson Reuters. One resounding message emerged: the role of the lawyer is transforming from corporate advisor to ethical gatekeeper and legal risk strategist. This conclusion echoes how lawyers are responding to environmental, social and governance (ESG) frameworks that have emerged as the blueprint for responsible corporate conduct. As ESG evolves from soft law guidance to enforceable obligations, an undercurrent is rising: the growing intersection between ESG failures and criminal liability. Around the globe, prosecutors, regulators and legislators are increasingly treating ESG breaches not just as ethical lapses or compliance failures, but as criminal offences.
Released on Aug 17, 2025
Personal responsibility, corporate liability and criminality: an Australian perspective on the new UK failure to prevent fraud offence
Due to commence in September 2025, the new failure to prevent fraud offence in the United Kingdom is likely to pose challenges in terms of both efforts to comply and in regard to defending corporations charged under the new legislation. Section 199 of the Economic Crime and Corporate Transparency Act 2023 criminalises the conduct of large organisations where a person associated with the organisation commits fraud with intent to benefit the organisation or anyone the person provides services to on behalf of the organisation. It is a defence if the organisation can prove that there were reasonable procedures in place to prevent fraud or that it was not reasonable for such procedures to be in place. While Australian law does not contain an equivalent offence, presently, at least, the state of failure to prevent offences in Australia provides an interesting backdrop to a discussion on the broader issues surrounding such offences.
Released on Aug 17, 2025
The endangered lawyer and the cost of independence
The IBA’s Annual Conference was fortuitous timing, coinciding with the anniversary of Mexican Independence and the inauguration of Mexico’s first female president, Claudia Sheinbaum, the following month. Mexico was a brilliant choice for the event, a true feast for the senses. This article provides an account of events at the Conference.
Released on Aug 17, 2025
The IBA’s 27th Annual Transnational Crime Conference in Santiago
From 14 to 16 May 2025, the Transnational Crime Conference, now in its 27th edition, took place in the vibrant city of Santiago, Chile. Organised and co-presented by the IBA Criminal Law Committee and the Business Crime Committee, supported by the Latin American Regional Forum, the event brought together leading practitioners, regulators, academics and corporate counsel from across the globe to discuss key developments and challenges in the fight against transnational crime.
Released on Aug 17, 2025
Co-Chairs’ message, Criminal Law Committee April 2025 ebulletin
Read the Criminal Law Committee Co-Chairs’ message from our April 2025 ebulletin.
Released on Apr 15, 2025
Transnational bribery and corruption investigations Down Under
As an Australian based criminal law practice, our firm has acted on behalf of clients in a number of finalised court cases and current investigations on behalf of corporate entities arising in countries such as Indonesia, Nauru, Papua New Guinea and Singapore where many of these companies are domiciled. This work is generally done independently of the commercial law firms who act for the clients and involves a lot of careful thought and strategic design at an early stage.
Released on Apr 6, 2025
Silver bullet or Trojan Horse? INTERPOL’s new Silver Notice and the risks of asset tracing
On 10 January, INTERPOL issued its first-ever Silver Notice, marking a significant evolution in its approach to international asset tracing. The request, initiated by Italy, seeks to identify and locate assets allegedly linked to a senior mafia figure. While its immediate impact may be largely symbolic, the introduction of the Silver Notice signals an important development in cross-border financial crime enforcement.
Released on Apr 6, 2025
International Criminal Court (ICC) update – September 2024–March 2025
Over the past six months, the International Criminal Court (ICC) has taken a number of significant steps in pursuance of its mandate to prosecute individuals for crimes of international concern, including war crimes, crimes against humanity and genocide. These developments underscore the ICC’s commitment to addressing grave violations of international law, although the institution continues to face challenges and criticisms.
Released on Apr 6, 2025
Right to be forgotten for old criminal convictions: a Luxembourg perspective based on a recent ruling
In a December 2024 ruling, the Court of Appeal of Luxembourg decided whether a person convicted of a criminal offence could demand the press to stop publishing their name and image in relation to a past case. This case illustrates the challenge of balancing two fundamental rights: freedom of expression and press, versus the protection of reputation and right to privacy. The plaintiff, a person in a public position, was involved in a widely covered legal case many years ago. Despite the time passed, media coverage continued including reports with identifying details about the individual.
Released on Apr 6, 2025
Extradition within international judicial cooperation: new challenges and future perspectives
Extradition is a cornerstone of international judicial cooperation, the discipline of which is articulated in a complex system of multilevel legislation, based on bilateral and multilateral treaties, as well as conventions adopted by supranational organisations, such as the UN and the Council of Europe. This legal mechanism satisfies the need to ensure the effective administration of justice in transnational crime cases, preventing individuals accused of serious crimes from escaping criminal consequences simply by crossing national borders.
Released on Apr 6, 2025
IBA Criminal Law Section at the 2024 IBA Annual Conference in Mexico City
The IBA’s Criminal Law Section (made up of the Criminal Law, Business Crime, Anti-Corruption and Asset Recovery Committees) has closed 2024 with another successful conference; this time in Mexico City, where around 5,000 delegates gathered to exchange ideas, discuss the latest hot topics in the legal world and – of course – experience Mexican food, music and culture (including a memorable trip to a Lucha Libre wrestling competition).
Released on Jan 13, 2025
IBA hosts largest transnational crime conference to date
The 26th Transnational Crime Conference, which took place between 8–10 May 2024 in Milan, Italy, was a resounding success. In fact, it has become the most well-attended international criminal law conference in the IBA’s history!
Released on May 21, 2024
When arbitration meets crime – Inaugural conference, São Paulo 2024
January 2024 saw the first When arbitration meets crime Conference, held in São Paulo, Brazil and co-presented by the IBA Arbitration Committee, the IBA Business Crime Committee, the IBA Criminal Law Committee, the IBA Asset Recovery Committee the IBA Litigation Committee and the IBA Latin America Regional Forum.
Released on Feb 27, 2024
IBA Criminal Law Section at the 2023 IBA Annual Conference, Paris
The IBA’s Annual Conference took place between 29 October and 3 November 2023 in Paris, France. As always, the Conference – the IBA’s largest event with some 10,000 participants from the legal profession – was a great opportunity to catch up with acquaintances and forge new links within the criminal law community and beyond.
Released on Feb 27, 2024
Lookback at Boston: IBA Transnational Crime Conference 2023
A report of the 25th Transnational Crime Conference, held 3–5 May 2023 in Boston, Massachusetts.
Released on Jul 18, 2023