FCPA Compliance Report

Self-Disclosure on Both Sides of the Atlantic


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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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    For more information on the use of AI in Compliance programs, my new book, Upping Your Game, is available. You can purchase a copy of the book on Amazon.com.

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    FCPA Compliance ReportBy Thomas Fox

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