Caitlin Sheard Archives - Compliance Podcast Network

FCPA Compliance Report – Self-Disclosure on Both Sides of the Atlantic

Join Tom Fox as he welcomes Simon Airey and Caitlin Sheard, partners at McDermott Will & Schulte, and both experts in the fields of investigation and compliance from both sides of the Atlantic. They take a deep dive into issues around self-disclosure on both sides of the Atlantic.

Simon Airey and Caitlin Sheard are leading experts in the field of investigations and compliance, each bringing a nuanced perspective to the complexities of self-reporting to the Department of Justice (DOJ) in the US and the Serious Fraud Office (SFO) in the UK. Simon, a distinguished barrister, underscores the incentives for companies to self-report but cautions that the process is fraught with complexities, particularly in the UK, where court approval is required for deferred prosecution agreements. Caitlin highlights the potential benefits of self-disclosure, such as possible declinations, but notes the associated costs, including time, legal fees, and reputational risks. Both experts emphasize the necessity of strategic planning and legal counsel to navigate the intricacies of international compliance, particularly in light of increasing enforcement activity and evolving legal landscapes.

Key highlights:

Incentives for Self-Disclosure in DOJ and SFO
Strategic Self-Disclosure Consideration for Legal Cases
Cross-Border Self-Disclosure Strategies for Companies
Global Challenges in Corporate Self-Disclosure Processes
Whistleblower Tips Driving Future FCPA Enforcement

Resources:

McDermott, Will & Schulte

Simon Airey

Caitlin Sheard

Cross-Atlantic Impact: DOJ and SFO Self-Reporting and Enforcement Priorities

Tom Fox

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Data Driven Compliance – Navigating Self-Disclosure Under the FTPF and Updated ECCT

Welcome to Season 2 of the award-winning Data Driven Compliance. In this new season, we will look at the new Failure to Prevent Fraud offense. Join host Tom Fox as we explore this new law and how to comply with it through the lens of data-driven compliance. This podcast is sponsored by konaAI. In this episode of Season 2, Tom is joined by Simon Airey and Caitlyn Sheard, partners at McDermott Will & Schulte LLP, and both experts in the fields of investigation and compliance from both sides of the Atlantic.

We take a deep dive into their recent article, ‘Cross Atlantic Impact, DOJ and SFO, Self-Reporting and Enforcement Priorities,’ exploring the critical topic of self-disclosure in the context of both U.S. and UK jurisdictions. The discussion covers the incentives for self-reporting under the DOJ’s updated policies, the Serious Fraud Office’s new guidance on voluntary disclosure in the UK, and the broadening scope of anti-economic crime laws, including the UK’s significant changes effective from 2023. The conversation highlights the complexities and strategic challenges companies face in making self-disclosure decisions, the emerging enforcement focus on cartels and economic crimes, and the ongoing robust enforcement of anti-corruption laws such as the FCPA and the UK Bribery Act.