Aperçu des risques pénaux pour la
fonction compliance

Andrew Garbarski and Louis Frédéric Muskens delivered a presentation as part of the CAS Compliance in Financial Services program organized by the University of Geneva. The session examined current challenges at the intersection of anti-money laundering frameworks and corporate governance, combining doctrinal analysis with practical guidance.

Key topics covered include:

• The risk of money laundering by omission;
• Money laundering and mens rea requirements, with a focus on the thresholds for intent in practice;
• Violations of the duty to report, addressing triggers, scope, and consequences of non-compliance;
• Overview of administrative criminal proceedings;
• Dos and Don'ts.

The lecture included a case study that enabled participants to analyze money-laundering risks and corporate governance issues.