The activities of French and European stock exchanges are governed by specific legislation and a special procedure before the Autorité des Marchés Financiers.

 

This law covers ethical issues linked to the status of professionals operating on the markets (investment services providers or portfolio management companies, for example), regulatory issues (the AMF's General Regulations), European law (European Directives) and domestic law (the Monetary and Financial Code) - as well as criminal law.

 

Stock market criminal law also includes the defense of individuals and corporate entities against investigations by the Autorité des Marchés Financiers (AMF), whose agents are vested with very broad investigative powers, and whose use of these investigative powers must be verified at every stage of the proceedings.

 

It is therefore essential, as soon as a signal appears, to consult with a strong advisor in order to prepare the lines of response, the collection and communication of data, and the answers that will be given to convince these investigators of the validity of the investor's or professional's approach.

 

Knowledge of criminal offences under stock market law and the procedure used by AMF agents to gather evidence is a speciality that cannot be improvised.

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Having worked for many years in the AMF's Inspection Department, I am in a position to approach each stage of the investigation before the AMF, offering the best preparatory thinking, tracing and auditing each of the operations discussed, so that the demonstration of good faith, the concern for traceability, transparency and market information are correctly established.

 

Furthermore, in the face of the excesses that all too often occur in the search for evidence, it is essential to be assisted by a professional who knows how to say no and contest requests, then take legal action to challenge these abuses of power.

 

The strength, training and determination of a counsel can, at such times and in the face of a determined administration, be essential assets.
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