韩飞龙

Humphrey trial casts spotlight on China’s due diligence

When Peter Humphrey was convicted last week of illegally obtaining the personal information of Chinese citizens, it ended a case that had been closely watched by banks, hedge funds and private equity firms for clues about doing due diligence in China.

Humphrey, a Briton who co-owned a risk advisory firm in China with his wife, was arrested in 2013 in Shanghai. His detention shocked multinationals and financial groups – and their lawyers and private investigators – who had to ask themselves if China was tightening its vague rules on private investigations.

As foreign companies have intensified their focus on China, they have relied on corporate risk firms such as Kroll and Control Risks, and smaller boutique firms such as Humphrey’s ChinaWhys, to conduct due diligence before advising on Chinese initial public offerings or investing in China. Humphrey’s arrest sparked concern because the Shanghai police for months provided no explanation.

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