Financial Market Investigation and Enforcement

overview

Our financial market regulatory enforcement team consists of experts in the field and was established by Shin & Kim in anticipation of the growing demand for legal services relating to the regulation of the financial market and regulatory audits of financial institutions including investigations and prosecutions for capital markets transactions which are deemed unfair under applicable laws such as market price manipulation, use of insider information and fraudulent accounting.

Our group of lawyers and experts, many of whom are former officials of the Financial Supervisory Service, have years of experience and are ready and able to provide our clients with practical and effective legal services and solutions to help guide them through any investigations and prosecutions.

Korea is increasingly taking a tougher stance on finance and securities related crimes and in response, our financial market regulatory enforcement team brings together experienced attorneys specializing in financial laws, accountants, former FSS investigators (including a former Chief of Investigations at the FSS) as well as former judges with extensive experience in unfair securities trading and other violations to help guide clients through any investigation or prosecution of financial and securities related violations and crimes that they may be faced with.

Key Services

We provide the following services in relation to financial market regulatory enforcement.

Advising on market price manipulation, use of insider information, fraudulent transactions among other matters involving investigation of unfair transactions in the capital markets
Advising on accounting and audit procedures for corporate clients and accounting firms under government investigation
Advising on regulatory disclosures including securities reports and merger reports
Advising on delisting review procedures for listed companies
Advising on inspections and monitoring of financial institutions by financial regulatory authorities

Experience

We’ve acted as defense counsel in the following cases:

FSS investigation of insider trading of Company A (a KOSPI-listed company)
Criminal case for insider trading of Company S (a KOSPI-listed company)
Criminal case for insider trading of Company P (a KOSDAQ-listed company)
representing Company P (a KOSDAQ-listed company), in investigation of stock price manipulation
Criminal case for stock price manipulation concerning politically-themed stock portfolios
Criminal case for stock price manipulation of Company T (a KOSDAQ-listed company)
Civil case for commodities/commodities-linked price manipulation
Criminal case for providing a leased line to scalpers
Represented Company K (a KOSDAQ-listed company), in a criminal case for illegal transactions
Investigation of accounting firms for their accounting and audit practices
Represented Company D (a KOSPI-listed company), in an accounting and audit investigation and subsequent criminal case
Represented Company H (KOSPI-listed company), in a criminal case following an accounting and audit investigation