July 10, 2020
Cadwalader White Collar Defense and Investigations partner Mark Beardsworth last week spoke on an American Bar Association Section of International Law panel titled, "Global Conspiracies and Their Implications," as part of its 2020 Annual Meeting. The panel focused on the multi-jurisdictional laws surrounding the formation and dissipation of conspiracies.
Beardsworth, based in Cadwalader’s London office, was joined on the virtual panel by Benjamin Sauter, a partner at Kobre & Kim; Marshall D. Louis, counsel at Boies Schiller Flexner; Melissa Ginsberg, counsel at Patterson Belknap; Yvonne Osirim, director of U.S. government investigations at Merck; and moderator Anna Laniado, owner of Laniado Law, PL.
The panelists drew on their combined decades of U.S. and international white collar legal experience to examine the evolution of the prosecution of conspiracy to defraud. They highlighted key distinctions between U.S. and UK law, in part by reviewing recent high-profile decisions and case law from the perspectives of both the U.S. Department of Justice and the UK Serious Fraud Office.
Beyond legal analysis, the panel also shared practical insights and advice in relation to both fraud investigations and the defense against conspiracy allegations. They addressed considerations for companies such as how different countries’ leniency programs may impact reporting decisions and the challenges of cooperating with multiple regulators as part of cross-border enforcement activities.
“This timely panel brought the myths and vagaries of investigating and defending allegations of conspiracy to defraud right up to date,” Beardsworth said. “Particularly in this current climate of uncertainty, the critical role of in-house counsel to keep pace with the increasingly global nature of criminal conspiracies, including seeking out robust representation from experienced international practitioners, has never been more apparent.”
Beardsworth, whose practice focuses in the defense of serious fraud and criminal matters, has been involved in prosecutions brought by the Serious Fraud Office, the Financial Conduct Authority, HM Revenue and Customs, and the Financial Reporting Council. He also conducts internal investigations for corporates, regulators and other entities and advises companies and their directors on governance issues, helping them avoid criminal and compliance risk in a wide range of scenarios.