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Dan Benguigui

Partner

Dan is a member of the Paris Bar and a graduate of both Université Jean-Moulin-Lyon-III law school (DESS Droit et finance de l’entreprise) and EM Lyon business school. 

Dan began his career within a criminal law firm before working as a Clerk to the Judge heading the 15th Chamber of the Paris Court of Appeal (banking and financial litigation). He spent many years ‘in house’ within the Global Litigation department of BNP Paribas and led the “Criminal Proceedings and Regulatory Enforcement” team of the Group prior to joining the firm, in 2014.

Dan specialises in financial litigation work with a strong focus on complex white-collar crime and regulatory enforcement cases involving banking and financial services institutions (credit institutions, asset managers, investments firms, payment service providers, e-money institutions, etc.), large corporates and their top-level managers. He represents clients before all French civil and criminal courts, and assists them in the context of investigations and proceedings initiated by French and EU regulatory agencies (ACPR, AMF, AFA).

The bulk of Dan’s practice is to deal with issues revolving around financial crime (money laundering and terrorist financing, anti-bribery and corrupt practices, sanctions and embargoes, fraud), market abuses, tax-related offences, unfair commercial practices, and more generally around the professional duties and conduct rules imposed on supervised entities and their top-level managers. He generally has experience of a wide range of banking (corporate and retail) and asset management issues, and represents large institutions in French civil class actions.

Dan also frequently advises clients in their dealings with French criminal and regulatory agencies, and assists them designing and enhancing their systems and controls, policies and procedures.

Experience

Representative matters

A global financial institution on an investigation into potential illicit solicitation and money-laundering of tax evasion proceeds’ offences. Negotiating first French-style DPA (CJIP) to settle investigation.

Natixis Investment Managers International in the enforcement action led by the AMF into the compliance of the efficient portfolio management technics implemented by the management company on behalf of French UCITS.

Natixis in the investigation led by the ACPR into the group’s anti-financial crime systems and controls.

The Swedish bank, SEB, before the European Securities and Markets Authority’s Board of Appeal in the so-called shadow rating case.

Pro bono

Advising the board of an organisation ("inspiration(s)") promoting the dissemination of classical music in the public with a focus on unprivileged areas. 

Representing individuals upon request of Paris bar as an assigned attorney in criminal cases. 

Member of an ad hoc Commission called "International Bribery" within the Think Tank "Le Club des Juristes" 

 

Published Work

  • Dan Benguigui, Laurie-Anne Ancenys (2019)"Data Privacy & Transfer in Investigations: France", GIR Insight
  • Dan Benguigui, Rebecca Harris (2019) "The French Anti-Corruption Agency’s Enforcement Committee issues its first decision: First lessons learned…" Global Legal Chronicle.com 
  • Dan Benguigui, Rebecca Harris (2018) "Enactment of the new law on the reinforcement of the fight against fraud", aoshearman.com 
  • Dan Benguigui, Denis Chemla (2018), "Settlements with Société Générale – beginning of a new era?", aoshearman.com 

Speaking Engagements

  • Guest speaker, “internal investigations”, conference organised by the French school of judges and prosecutors (ENM), 2020. 
  • Guest speaker, “managing regulatory investigations”, annual Compliance off-site of Major banking group, 2019. 
  • Guest speaker “Money laundering of tax evasion proceedings under” French law in Switzerland, at the request of the Geneva Bar, 2018.

Leadership Positions And Professional Affiliations

  • Member of the European Society for Banking and Financial Law
  • Member of ADAP (French organisation of the French criminal lawyers)
Recognition
Dan Benguigui, who is especially highly regarded for regulatory enforcement work.
LEGAL 500 FRANCE 2019 – DISPUTE RESOLUTION / WHITE COLLAR CRIME
Dan Benguigui has ‘great knowledge of the banking sector and is of great assistance to clients’.
LEGAL 500 FRANCE 2018 – DISPUTE RESOLUTION / WHITE COLLAR CRIME

Awards

  • Recommended, Legal 500 EMEA, 2023 - France (Compliance)
  • Recommended, Legal 500 EMEA, 2023, France (Dispute resolution: Stock Market Litigation)
  • Recommended, Legal 500 EMEA, 2023, France (White-collar crime)
  • Next Generation Partner, Legal 500 EMEA, 2022,  France (Compliance)
  • Recommended, Legal 500 EMEA, 2022,  France (Commercial Litigation)

Qualifications

Admissions

Admitted as an Avocat (France), 2014

Admitted to practice in-house (France), 2001

Academic

EMLYON Business School, 2005

DESS, Master Company Law, University Jean Moulin, Lyon- 2002

Master Business Law, University Jean Moulin, Lyon - 2001

Languages

English
Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.