Ludovic Malgrain

Partner, Paris

Biography

Ludovic Malgrain is ‘an astute lawyer with a practical approach to resolving complex white-collar crime issues effectively’
Legal 500 2017

Overview

Corporations and individuals benefit from the extensive experience of white-collar criminal lawyer Ludovic Malgrain.

Representing clients in criminal courts throughout France, his track record includes a number of high-profile cases, such as the collapse of the gangway of the Queen Mary II passenger ship, the Air France Concorde crash and the Helvet Immo case.

Ludovic also advises major industry players and financial institutions, such as banks and investment funds, on their regulation and compliance-related obligations. Drawing on 20 years of hands-on experience, he helps clients to satisfy legal requirements relating to bribery and corruption by adopting appropriate internal procedures, to implement compliant work safety programmes, and to limit their criminal exposure.

Ludovic shares his experience at the Paris Bar School, where he lectures on international and European cooperation in criminal affairs. He also delivers training and seminars for clients, on the prevention of corporate criminal liability for individuals and organisations, schemes of delegation of powers under French criminal law, as well as on the prevention of cyber fraud.

Bars and Courts
Paris Bar
Education
Harvard Law School

Program of Instruction for Lawyers

Postgraduate Degree
Business Law
University of Paris II
Master in Judicial Career
University of Paris II
Master in Business Law and Tax
University of Paris II
Languages
French
English

Experience

AFA controls, 2018 – ongoing
Assisting listed companies in the context of administrative proceedings launched by the French Anticorruption Agency (AFA) in relation with the Sapin II law (review of questionnaires, assistance in the context of additional requests made by the AFA, assistance during interviews and submissions in response to the report).

Corruption allegations in Nigeria, Equatorial Guinea and Cameroon, 2016 - ongoing
Assisting a listed company before criminal courts in the course of investigations based on allegations of corruption in Nigeria, Equatorial Guinea and Cameroon.

Money laundering and tax fraud allegations in Switzerland, Russia and Dubai, 2018 - ongoing
Assisting individuals before the French criminal courts in the course of investigations based on allegations of money laundering and tax fraud in Switzerland, Russia and Dubai.

Helvet Immo case, 2013 - ongoing
Assisting a major French bank faced with criminal and civil charges of commercial malpractice (duty of information, duty to warn, duty of advice, unfair term, legality of escalator clause) in the context of a class action, brought by consumer associations and 1,700 individuals, relating to a portfolio of real estate loans which were granted to individuals in a foreign currency. Proceedings are under criminal investigations and pending before the civil and commercial courts. As well as legal advice on regulatory issues connected with the charges.

Fund mis-selling claim, 2013 – 2018
Successful representation of a bank charged with mis-selling, following its distribution of promotional brochures relating to mutual funds.

€1 billion financial product fraud (Apollonia case), 2013 – ongoing
Advising a bank regarding a €1 billion fraud relating to the sale of tax-break products.

Fraud in the nuclear industry, 2016 - ongoing
Assisting the French subsidiary of an international group in the context of a fraud under criminal investigation by employees (falsification of documentation) in the nuclear industry. Coordination of the strategy (labor issues, commercial litigation) and liaising with the public regulator of the sector (Autorité de Sûreté Nationale (ASN)).

EC service provider in criminal suit (Eurostat scandal), 2013 – ongoing
Assisting a service provider to the European Commission in a criminal law suit initiated following denunciation by the European Anti-Fraud Office (OLAF) to the French Public Prosecutor.

Whistleblowing procedure, 2017 – ongoing
Assisting a leading French industrial group in the course of investigations based on allegations of fraud reported by means of a whistleblowing system.

AMF proceedings in the digital industry, 2016 – ongoing
Advising a digital communication group in relation with administrative proceedings initiated by the French Markets Authority (AMF) as well as providing the management of the company with risk management advice.

Delegation of powers, 2014 – 2015
Advised the General Counsel of a listed company on criminal exposure of the Management and on the set-up of a scheme relating to delegation of powers in France and abroad.

Concorde crash criminal proceedings, 2013 – 2014
Represented a foreign state in connection with extradition proceedings.

Third-party financial fraud, 2013 – 2014
Advised several French and foreign companies on frauds committed by third parties using irregular international wire transfers. Criminal proceedings were coordinated in France and abroad.

Allegations of insider trading before the AMF, 2013 – 2014
Advised a manager facing insider-trading charges before the sanctions committee of the French Financial Markets Authority (AMF).

Speaking Engagements

Co-presented on "Criminal and competition risk", 03 March 2017: Fédération Bancaire Française, Paris

"Sapin II Reform: What are the new compliance obligations imposed on the companies?", 01 December 2016: EFE, Paris

"Anti-money laundering measures and the development of shadow banking", 06 November 2015: Délégation des Barreaux de France, Paris

"The protection of lenders and banks’ duty of information and advice", 19 February 2015: Sciences Po Paris, Paris

"Deferred Prosecution Agreement/Non-Prosecution Agreement", 15 April 2014: Roundtable on the consequences for French companies of entering agreements with the US authorities, Option Droit & Affaires, Paris, France

"International and European cooperation in criminal affairs": Paris Bar School (EFB), recurring lecture

Publications

Loi Sapin II - anti-corruption reform and associated risk, Lettre des Juristes d'Affaires (LJA), February 2017, (Co-author with Jean-Lou Salha)

Sapin II : The best way forward, International Finance Law review (IFLR), February 2017, (Co-author with Arthur Merle-Beral)

The French "DPA", Les Echos, June 2016, (Co-author with Jean-Pierre Picca)

Co-authored the France chapter of The European, Middle Eastern and African Investigations Review 2016 - Global Investigations Review (GIR)

Wireless transfer fraud : outplaying cybercrime (Ordres de virement frauduleux : déjouer la cybercriminalité), Huffington Post and Semaine Juridique (JCP), October 2014

Corporate Crime, Fraud and Investigations Multi-Jurisdictional Guide 2012/13, Practical Law Company, August 2012

A practical cross-border insight into business crime: France Chapter — The International Comparative Legal Guide to Business Crime 2012, Global Legal Group, 2012

The right to remain silent before the Financial Markets Authority, Les Echos, November 2011, (Le droit de se taire devant l'AMF)

In-house counsel and white collar lawyer: a dual role required to manage criminal liability, AFJE – Juriste d'Entreprise Magazine, November 2011, (Juriste d'entreprise et pénaliste: une complicité requise pour gérer le risque pénal)

Awards and Recognition

Next Generation Lawyer, Legal 500 EMEA 2019
White Collar Crime

Leading Lawyer (Band 2), Chambers Europe 2019, Corporate Compliance & Investigations
"Ludovic offers remarkable expertise in criminal risks for legal entities and managers alike, as well as tailor-made training relevant to our activity."

Leading Lawyer (Band 3), Chambers Europe 2019, White Collar Crime
"Ludovic Malgrain joins the rankings for his strength in white-collar crime disputes, particularly concerning fraud and corruption. Clients say: 'He explains things very well, is very easy to deal with and pleads well in court.'"

Who's Who Legal France 2019: Business Crime Defence & Investigations
"Ludovic Malgrain is a white-collar crime specialist who is recognised for his top-tier representation of clients in criminal courts across France."