- Enseignant-e: Urs Zulauf
Taking into consideration fines, settlements and provisions, the cost of misconduct for 20 major global banks is believed to have reached more than USD 300 billion during 2010-2014. Sound management of legal, compliance and enforcement risk has become a key factor of success for banks and other financial firms, their management and staff. This course will focus on regulatory and criminal enforcement against financial firms and their managers and staff in the US, the UK and Switzerland. It will include Swiss and US guest speakers from authorities, law firms or corporate legal and address topics such as :
1. Case studies of the LIBOR manipulations, the US / Swiss cross border bank client tax conflict and the 1MDB.
2. Scope and actors of financial regulation enforcement
3. Cross – border enforcement, conflict of laws, cooperation, double jeopardy
4. Enforcement against firms and individuals
5. Are financial firms ‘too big to jail’ ?
6. Big topics and trends in international financial regulation enforcement
7. Cooperation expectations and internal investigations : Investigating against yourself ?
8. FINMA enforcement : tools, governance, procedure, big cases, trends
9. Role of whistle-blowers in enforcement
10. Monitors as enforcement instrument
The course will be organized in two one-week blocks of teaching in Feb and May. In the time between the students are asked to write a short paper of max 10 pages on a topic to be listed. The grades for this course will be given based on the evaluation of these short papers only (no oral or written exams).