Legal Privilege: the Scope of Lawyer-Client Privilege in AML Investigations and Court Proceedings

• Jurisdiction: European Union
• Year: 2024

Speaker

Dr. Anna Bradshaw is a renowned advisor specializing in financial crime, economic sanctions risk, compliance, and enforcement for individuals and corporations. She is recognized by Chambers UK (2022 and 2023) as a leading expert in anti-money laundering and economic sanctions, commended for her extensive knowledge of sanctions and the Proceeds of Crime Act (POCA). She holds a doctorate in anti-money laundering regulation.

Ranked as a 'Global Elite Thought Leader' for International Sanctions by Who’s Who Legal from 2021 to 2023, she is acclaimed for her expertise in complex sanctions issues and litigation. The Legal 500 (2023) highlights her proficiency in economic sanctions, export control, regulatory investigations, and serious fraud, describing her as a pragmatic expert in proceeds of crime legislation. Dr. Bradshaw is an Associate Fellow at RUSI and contributes to financial crime research. She is active in various professional organizations, including the Law Society’s EU Committee and the Fraud Lawyers' Association, and co-edits The Guide to Sanctions.

Topic

Dr. Anna Bradshaw outlines the roles of the General Court (EGC) and the Court of Justice of the European Union (CJEU) in reviewing restrictive measures. Under Article 275(2) TFEU, the CJEU does not have jurisdiction over common foreign and security policy provisions but can review the legality of restrictive measures against individuals or entities adopted by the Council, as outlined in Article 263 TFEU. The CJEU examines these measures to ensure they comply with legal requirements and procedural fairness. Notable cases include Kadi I and PJSC Rosneft Oil Company v Her Majesty’s Treasury.

Bradshaw also addresses procedural rights during the adoption and renewal of restrictive measures. Individuals or entities affected by such measures are initially notified via letter or Official Journal, without prior warning or the chance to make representations. However, prior notice is given before the extension or amendment of measures, allowing for input from affected parties.

She also covers the importance of transparency, stating that decisions must include a statement of reasons, and individuals must have...