Syedur Rahman | 4 August 2022
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German authorities may turn to UK agencies to help them with their investigations into Cum-Ex, according to Syed Rahman.
Syed was asked by Law360 for his thoughts on Cum-Ex after Germany’s highest court said the share-selling practice was illegal. He said that prosecutors and other agencies may seek assistance from their counterparts in Britain through mutual legal assistance, as Cum-Ex investigations intensify.
The possibility of further prosecutions regarding Cum-Ex arose after Germany's Federal Court of Justice upheld a landmark judgment, finding that an unidentified banker at Hamburg-based MM Warburg and Co was guilty of crimes linked to the practice.
Authorities in Germany are now stepping up criminal and civil actions against banks and investment advisers who profited from Cum-Ex. Many commentators believe this will have implications for the UK and other nations where activity related to Cum-Ex was conducted.
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