More and more authorities around the world are using criminal law to hold big business and individuals accountable for misconduct occurring in the corporate context. The multi-jurisdictional nature of the risk continues to increase as already active prosecutors, such as the US Department of Justice, double down on efforts to cooperate with their counterparts abroad.
How a multinational organisation responds when suspicions of wrongdoing first arise can be a critical factor determining the extent of criminal (or related civil) liability that it may face across relevant jurisdictions. Making the right decisions at the beginning can bring significant benefits down the line. The challenge, however, is that when concerns are raised, early judgement calls must take into account the range of potential outcomes across jurisdictions, even when the full facts are not yet known.
This session will look at the factors underpinning such decision making, exploring the evolving nature of corporate criminal enforcement globally and what this means for in-house counsel facing difficult situations. We will cover topics such as:
Geoff Nicholas is co-head of the firm’s global investigations practice, currently based in London but having previously been based in New York and Hong Kong. His practice covers anti-bribery and corruption, fraud, anti-money laundering and sanctions. He advises large international corporations on regulatory risk management and multi-jurisdictional investigations. He builds compliance programmes, conducts corporate due diligence, manages large-scale internal investigations and represents multinationals in criminal and regulatory investigations by external agencies. He has been involved in investigations all over the world, including in Asia, Africa, Europe, Latin America, the Middle East, Russia, the United Kingdom and the United States, dealing with a wide range of regulatory authorities, including the US Department of Justice, the SEC, the SFO and the World Bank.
Ali Sallaway is a partner at Freshfields Bruckhaus Deringer. She is co-head of the global investigations and corporate crime practice in London. With a record of acting on major cross-border and domestic investigations for clients in all sectors, she specialises in corporate and financial crime defence and regulatory enforcement actions, particularly defending actions brought by the UK Serious Fraud Office (SFO) and Financial Conduct Authority, as well as overseas authorities. She has significant experience handling false accounting, fraud, bribery/corruption, market abuse/manipulation, money-laundering and terrorism-related matters.
Adam Siegel is a partner based in the New York office and the head of the US dispute resolution practice, as well as co-head of the global investigations practice. Clients in a broad range of industries rely on him to defend them in investigations by the US Department of Justice, the Securities and Exchange Commission (SEC) and the state attorneys general in matters involving alleged violations of the Foreign Corrupt Practices Act, insider trading, tax fraud and accounting fraud. He works regularly with other firm lawyers around the world, defending multi-jurisdictional investigations, developing compliance and training programmes tailored to the global regulatory regimes faced by clients and conducting due diligence regarding bribery and other risks in corporate transactions. Before joining Freshfields, he was an assistant US attorney in the Criminal Division of the US Attorney’s Office for the Southern District of New York. He received his JD and AB from Harvard University.