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Latest Updates / White Collar

January 15, 2023

Podcast: Administrative Enforcement

Dr Zvi Gabbay, the head of our firm’s Capital Markets Department, guest starred on an episode of the podcast hosted by the Association of Corporate Counsels in Israel. The episode focused on tools for dealing with administrative enforcement.

Episode 30 – How to prevent an enforcement procedure and how to manage it correctly– Dr. Zvi Gabbay

December 27, 2022

Suspected Embezzlement at Moshav Ahisamakh

Our office represents a senior official under investigation in connection with suspicions of embezzlement, estimated at approximately NIS 120 million that were allegedly wrongfully obtained from the agricultural association at Moshav Achisemech.

See full article >

December 20, 2022

Israel Securities Authority Seeks Permission to Expand Authority beyond Securities Offenses

The Israel Securities Authority is seeking to expand its power. If its draft bill is accepted, this will have far-reaching consequences, as the ISA will have the power to investigate offenses related to fraud, bribery, money laundering, and cryptocurrencies (which the ISA considers to be securities).

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December 19, 2022

Can DeFi Use Exempt a Project from Compliance?

Activity in the form of financial decentralization (Decentralized Finance - DeFi) does not exempt from requirements in the field of prevention of money laundering prohibition or compliance with sanctions. It turns out that DeFi is subject to the same "laws of gravity" as projects in the traditional financial industry.

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December 13, 2022

ISA – New Obligations for Foreign Brokerage Service Providers

The Israel Securities Authority’s (ISA) new draft amendment to the general permit to offer foreign brokerage services in Israel proposes to obligate permit holders to supervise the activities of marketers on their behalf. For example, permit holders must carry out due diligence examinations of marketers.

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November 16, 2022

Dr. Zvi Gabbay Attends Israeli Association of Publicly Traded Companies' Legal Counsel Forum

Dr. Zvi Gabbay, the head of our firm's Capital Markets Department, was a guest on the accompanying forum webinar and lectured on the do's and don'ts of administrative enforcement procedures.

September 13, 2022

Zvi Gabbay Participates in Dun’s 100 Forum for White-Collar and Criminal Law Experts

Zvi, an expert in the white-collar and criminal law field, was asked to participate in the Dun’s 100 forum for senior officials. He presented his thoughts on the legal system’s race to catch up to technology, crimes in the metaverse, and more. Additional information can be found in the Globes write-up.

See full article >

June 23, 2022

Regulation: Internal Enforcement and Compliance

Yesterday, Dr. Zvi Gabbay, the head of our firm’s Capital Market Department, lectured for compliance officers at BDO’s financial academy. Zvi’s lecture focused on internal enforcement, which can significantly mitigate corporations’ exposure to enforcement proceedings being instituted by regulatory authorities, significantly reduce the pecuniary sanctions that might be imposed in respect of violations, and contribute to a corporation’s good reputation for maintaining a culture of compliance and integrity.

June 8, 2022

The Rules of the ESG Game Have Changed- Zvi Gabbay Column in TheMarker

USD 1.5 million fines, preliminary administrative proceedings, dramatic resignations—growing enforcement on ESG issues is becoming a bigger trend. Who should be preparing for this change and how will it affect Israeli companies?

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June 1, 2022

Insider Information: Investor Relations Forum Event at Barnea

Our firm hosted Zvi Rabin and members of the Investor Relations Forum to discuss insider trading. Dr. Zvi Gabbay lectured on the characteristics of the crime, how the Israel Securities Authority handles such offenses, and the importance of obtaining professional legal assistance.

May 29, 2022

Criminal Law and the Adoption of the “Aggregation Theory”

Israeli courts have adopted the “aggregation theory” when approaching the task of convicting defendants. It now seems this theory might also be applied to the “abuse of process” defense.

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April 6, 2022

Representing Amir Birman before Supreme Court

Advs. Hadar Israeli, Eran Elharar, and Shir Rozenzweig represented Amir Birman, one of the directors of Keren Or, in a sentencing appeal. The Supreme Court significantly reduced his sentence and granted him permission to appeal to Israel’s President for a pardon.

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April 3, 2022

Amendment to Israel’s Anti-Money Laundering Law

At the end of March 2022, the Israeli Ministry of Justice published a draft amendment to the Prohibition on Money Laundering Law. The proposed amendment seeks to grant supervisory authority to the Israel Money Laundering and Terror Financing Prohibition Authority (IMPA), comparable to that of the Capital Market, Insurance and Savings Authority (CMISA), over financial service providers for aspects of the prohibition on money laundering and terror financing.

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March 28, 2022

Representing Granite CEO Accused of Fraud

The Israel Securities Authority arrested and released under restrictive conditions the CEO of Granite Securities Portfolio Management. He is suspected of fraudulently receiving loans from the company's clients, presenting false representations regarding the loans, and presenting false representations of providing investment advice in accordance with the law, at a scale of NIS 6.5 million. The client is represented by firm partner Hadar Israeli.

See full article >

March 9, 2022

Representing CEO of Real Estate Company Alleged to Have Defrauded Investors of ILS Tens of Millions

Adv. Hadar Israeli is representing Moti Abergil, the CEO of Yeadim Real Estate Group, in an investigation against him led by the Israel Securities Authority.

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January 27, 2022

NSO Affair and Supreme Court OK for Search of Netanyahu’s Aides’ Phones – Op-Ed by Shir Rozenzweig

Two recent major cases have involved privacy matters. One is the Israel Police’s alleged use of NSO’s Pegasus software to hack into civilians’ phones. The other is a Supreme Court verdict allowing police to search the phones of former Prime Minister Benjamin Netanyahu’s aides. With these cases in the headlines, N12 has published an op-ed by Shir Rozenzweig discussing our right to privacy of the information found on our smartphones and computers.

See full article >

January 25, 2022

Dr. Avishay Klein Lectures on Privacy to Compliance Officer Training Course

Dr. Avishay Klein, who leads our firm’s privacy and data protection practice, gave a lecture to future compliance officers on privacy protection risks and the GDPR.

January 18, 2022

Right to Privacy when Issuing Search Warrants of Computers and Cellular Devices

In an expanded panel of nine justices, Israeli Supreme Court prescribed a set of rules concerning procedures and judicial discretion on the granting of search warrants of computers and cellular devices as part of an investigation.

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January 11, 2022

Hadar Israeli Interviewed about Extradition Proceedings on Channel 12's "Galit and Yoav"

Hadar Israeli, a partner in our firm, was interviewed on the Channel 12 television program hosted by Galit Gutman and Yoav Limor. She explained the difference between an extradition and a summons to an interrogation. You are invited to watch (starting at 32:00).

See full article >

November 15, 2021

Extradition and Prosecution of Israelis by Foreign Courts

In recent weeks, numerous news articles have reported on the arrests of Israeli citizens resulting from foreign investigations conducted abroad. In one instance, more than 20 employees of a Tel Aviv based company engaging in forex investment marketing were arrested following an FBI investigation.

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