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Business Crime 2014 – Singapore The International Comparative Legal Guide to: Business Crime 2014 4th Edition A practical cross-border insight into business crime Published by Global Legal Group, in association with CDR, with contributions from: Anagnostopoulos Criminal Law & Litigation Lampert & Schächle Attorneys at Law Ltd. Baker & Partners Latham & Watkins BCL Burton Copeland MacPherson Leslie & Tyerman LLP Bloomfield – Advocates & Solicitors Maples and Calder De Pedraza Abogados, S.L.P. Metzner Associés Diaz Reus Mkono & Co. Burundi Sprl ELIG, Attorneys-at-Law Nishimura & Asahi Estudio Durrieu Abogados S.C. Park & Jensen LLP Geni & Kebe Portos, Ortiz Larregui y Asociados, S.C. Homburger Rogério Alves & Associados, Sociedade de Advogados, RL Houthoff Buruma Skadden, Arps, Slate, Meagher & Flom LLP Ivanyan and Partners law firm Studio Legale Pisano Kachwaha & Partners Torres|Falavigna Advogados Knierim | Huber Rechtsanwälte GbR wkklaw attorneys at law The International Comparative Legal Guide to: Business Crime 2014 General Chapters: 1 The Shrinking Scope of Privilege in Multi-Jurisdictional Investigations – Gary DiBianco, Skadden, Arps, Slate, Meagher & Flom (UK) LLP 1 2 Deferred Prosecution Agreements in the UK – The Dawning of a New Era in Criminal Contributing Editors Enforcement Against Corporates? – Richard Sallybanks & Shaul Brazil, BCL Burton Copeland 5 Gary DiBianco & Gary Rajaratnam Rubin, Skadden, Arps, Slate, 3 The Use of Wiretaps to Investigate Financial Crimes Post- – Douglas Jensen & Meagher & Flom LLP Amy Dieterich, Park & Jensen LLP 9 Account Managers 4 An Overview of Business Crime in Latin America – Michael Diaz, Jr. & Carlos F. Gonzalez, Beth Bassett, Maksim Dolgusev, Robert Diaz Reus 14 Hopgood, Dror Levy, Maria Lopez, Mahmoud Country Question and Answer Chapters: Nedjai, Florjan Osmani, Oliver Smith, Rory Smith 5 Argentina Estudio Durrieu Abogados S.C.: Nicolas Durrieu & Amanda Muñoz de Toro 19 Sales Support Manager Toni Wyatt 6 Austria wkklaw attorneys at law: Norbert Wess & Bernhard Kispert 27 Sub Editors 7 Brazil Torres|Falavigna Advogados: Luís Carlos Dias Torres & Andrea Vainer 37 Nicholas Catlin Barbara Fitzsimons 8 BVI Maples and Calder: Arabella di Iorio & Victoria Lord 44 Editors 9 Burundi Mkono & Co. Burundi Sprl: Alice Nijimbere & Gustave Niyonzima 51 Beatriz Arroyo Gemma Bridge 10 Canada MacPherson Leslie & Tyerman LLP: Douglas Hodson, Q.C. & John Agioritis 57 Senior Editor Suzie Kidd 11 Cayman Islands Maples and Calder: Martin Livingston & Adam Huckle 65 Group Consulting Editor 12 Colombia Diaz Reus: Michael Diaz, Jr. & Marcela Cristina Blanco 74 Alan Falach 13 England & Wales BCL Burton Copeland: Guy Bastable & Shaul Brazil 82 Group Publisher Richard Firth 14 France Metzner Associés: Aurélien Hamelle 90 Published by Global Legal Group Ltd. 15 Germany Knierim | Huber Rechtsanwälte GbR: Hans-Peter Huber & Dr. Anna Oehmichen 98 59 Tanner Street 16 Greece Anagnostopoulos Criminal Law & Litigation: Ilias G. Anagnostopoulos & London SE1 3PL, UK Tel: +44 20 7367 0720 Jerina (Gerasimoula) Zapanti 106 Fax: +44 20 7407 5255 Email: [email protected] 17 India Kachwaha & Partners: Ashok Sagar & Sumeet Kachwaha 114 URL: www.glgroup.co.uk 18 Italy Studio Legale Pisano: Roberto Pisano 123 GLG Cover Design F&F Studio Design 19 Japan Nishimura & Asahi: Yoshinori Ono & Norimitsu Yamamoto 132 GLG Cover Image Source 20 Jersey Baker & Partners: Stephen Baker & Cyril Whelan 143 Global Legal Group Printed by 21 Liechtenstein Lampert & Schächle Attorneys at Law Ltd.: Siegbert Lampert & Rudolf Schächle 150 Ashford Colour Press Ltd. October 2013 22 Mexico Portos, Ortiz Larregui y Asociados, S.C.: José Manuel Portos Ubierna 157 Copyright © 2013 23 Netherlands Houthoff Buruma: Aldo Verbruggen & Hansje van den Noort 164 Global Legal Group Ltd. All rights reserved 24 Nigeria Bloomfield – Advocates & Solicitors: Adekunle Obebe & Dayo Adu 171 No photocopying 25 Portugal Rogério Alves & Associados, Sociedade de Advogados, RL: Rogério Alves 177 ISBN 978-1-908070-77-7 ISSN 2043-9199 26 Russia Ivanyan and Partners law firm: Vasily Torkanovskiy 186 Strategic Partners 27 Senegal Geni & Kebe: Mouhamed Kebe & Papa Massal Sow 197 28 Singapore Latham & Watkins: Ing Loong Yang & Tina Wang 204 29 Spain De Pedraza Abogados, S.L.P.: Mar de Pedraza & Cristina de Andrés 213 30 Switzerland Homburger: Flavio Romerio & Roman Richers 226 31 Turkey ELIG, Attorneys-at-Law: Gönenç Gürkaynak & Ceyda Karaoğlan 236 32 USA Skadden, Arps, Slate, Meagher & Flom LLP: Gary DiBianco & Gary A. Rubin 243 Further copies of this book and others in the series can be ordered from the publisher. Please call +44 20 7367 0720 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. www.ICLG.co.uk Chapter 28 Singapore Ing Loong Yang Latham & Watkins Tina Wang 1 General Criminal Law Enforcement 1.2 If there are more than one set of enforcement agencies, please describe how decisions on which body will investigate and prosecute a matter are made. 1.1 What authorities can prosecute business crimes, and are there different enforcement authorities at the national and The investigating agencies such as CAD and CPIB investigate an regional levels? alleged crime upon receipt of a complaint or on their own initiative. Upon completion of investigations, the investigating agencies will The Attorney-General’s Chambers (“AGC”) prosecutes business submit the investigation papers to the AGC for legal assessment on crimes in Singapore. By virtue of Section 35(8) of the Constitution the sufficiency of evidence to support the offences investigated. of Singapore, the Attorney-General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings The process of legal assessment would usually involve the AGC for any offence. Section 11 of the Criminal Procedure Code (Cap. officers going through the investigation papers, including 68) (“CPC”) further provides that the Attorney-General shall be the statements recorded from the witnesses and documents seized. In Public Prosecutor with the control and direction of criminal the context of corporate and commercial offences, the EGD from prosecutions and proceedings under the CPC or any other written time to time seeks professional opinions of experts (e.g. whether a law. particular piece of information is price sensitive) in determining whether a particular offence is made out. The Economic Crimes and Governance Division (“EGD”) of AGC is responsible for prosecutions and all related appeals in respect of Having assessed and considered all relevant aspects of the case and white-collar and other general commercial crimes. sufficiency of evidence, the AGC would then decide whether to prosecute the accused person in court. Whether to prosecute the Besides AGC, there are other agencies responsible for enforcing case is a matter solely within the prosecutorial discretion of the laws combating business crimes, including, for example, the AGC. Commercial Affairs Department (“CAD”), the Corrupt Practices Investigation Bureau (“CPIB”), the Monetary Authority of Singapore (“MAS”) and the Accounting and Corporate Regulatory 1.3 Is there any civil or administrative enforcement against Authority of Singapore (“ACRA”). business crimes? If so, what agencies enforce the laws civilly and which crimes do they combat? The CAD is the principal white-collar crime investigation agency in Singapore. It is the specialist department within the Singapore Yes. In cases where the AGC decides not to prosecute a matter in Police Force that investigates a wide spectrum of commercial and court, it may direct the enforcement agency such as MAS and financial crimes. The CAD is equipped with its own investigative ACRA to take alternative action like the issuance of administrative and intelligence resources in the Singapore Police Force. warnings or reprimands. The CPIB is the primary anti-bribery watchdog in Singapore, Currently, civil sanctions are only available for certain offences responsible for investigating bribery and corruption in both public under the Securities and Futures Act (Cap. 289) (“SFA”). Under and private sectors. The CPIB is under the aegis of the Prime Section 232 of the SFA, the MAS may, with the consent of the Minister’s Office (“PMO”) and it reports directly to the Prime Public Prosecutor, bring an action in court against a person who has Minister of Singapore. committed offences such as insider trading or market misconduct The MAS acts as the de facto central bank of Singapore and is the for an order of civil penalty. If the court is satisfied on a balance of principal supervisor and regulator of financial services in probabilities that the person has contravened the SFA, it may make Singapore. MAS and CAD work together in dealing with offences an order against him for payment of a civil penalty of a sum not relating to securities fraud and market misconduct. exceeding 3 times the amount of the profit gained or loss avoided The ACRA is the national regulator of business entities and public as a result of the contravention. Civil penalty actions, however, accountants in Singapore. The Enforcement
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