Anti-money laundering compliance and defense

Identifying obligations from the business activity

The assessment requires understanding the company's transactions, the participants and the information obtained from clients or users. We review whether those activities fall within the LFPIORPI vulnerable-activities regime or a different sectoral framework. Keeping these regimes separate avoids transferring obligations from one to another and allows the review to address the actual business activity, its records and the rules that govern it.

We examine the applicable internal procedures for identification, file preparation, record retention and reporting. The work starts with existing documents and the people responsible for producing them. Finding differences between what a policy describes and what happens in operations helps identify adjustments the business can implement and demonstrate during an examination, with responsibilities suited to the way it actually carries out transactions.

Advice considers coordination between commercial, administrative and legal teams. An obligation may depend on information passing through several departments, so we review how it is recorded and who checks its completeness. The aim is for files and compliance steps to correspond to verifiable facts, with attention to current requirements relevant to the company and the kind of transactions it undertakes under its applicable regime.

Verification and administrative penalty proceedings

When an authority starts a verification, we analyze the act received, its scope and the records requested. We organize the response using the files and supporting material for the transactions examined. We also review procedural steps to identify the facts attributed to the business and how it can explain compliance or answer discrepancies raised by the authority against the actual records and obligations.

In penalty proceedings, we review alleged violations, supporting elements and the assessment of evidence. The defense must address each act and its legal basis, distinguishing documentary omissions from disagreements over an obligation's scope. We prepare arguments and records suited to the file, without assuming that an internal manual or a general statement of compliance can alone answer the authority's challenge to particular transactions.

If an adverse decision exists, we assess available challenges according to the authority and the applicable regime. At the same time, we identify compliance adjustments that may prevent the observations from recurring. Considering both matters addresses the current proceedings and clarifies which information or controls need follow-up, while keeping the effects of the defense separate from obligations that remain in force for the business.

Frequently asked questions