Canadian Fraud Law

Canadian Fraud Law

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Canada Bans Facilitation Payments Under Foreign Anti-Corruption Law

Posted in Investigations & Compliance
Canada has formally repealed its exception for “facilitation payments” under its foreign anti-corruption legislation (the Corruption of Foreign Public Officials Act). Canada’s anti-bribery law prohibits anyone from giving or offering a loan, reward, advantage or benefit of any kind — directly or through intermediaries — to a foreign public official as consideration for an act… Continue Reading

Should Canada follow the UK, US or Australian deferred prosecution model?

Posted in Investigations & Compliance
As the Canadian government contemplates further measures to combat financial crime, there is an increasing debate over whether Canada should follow the US, UK or the proposed Australian model by introducing a deferred prosecution agreement (DPA) regime to help combat corporate wrongdoing, promote ethical business conduct, and encourage corporate self-reporting to and cooperation with Canadian government authorities.… Continue Reading

Global compliance programs offer inoculation against the rising tide of global risk

Posted in Investigations & Compliance
In an age of massive data leaks, whistleblower bounties, and multimillion-dollar fines for violations of bribery and corruption laws, multinational corporate executives and board members must prioritize the implementation of robust anti-corruption compliance programs to safeguard their companies and shareholder value. The goal of any anti-corruption compliance program is to prevent and detect misconduct. However,… Continue Reading

The Constitutionality of Administrative Monetary Penalties: Defining the punitive paradigm

Posted in Investigations & Compliance
The Supreme Court of Canada released its anticipated decision in Guindon v. Canada on July 31, 2015, which held that administrative monetary penalties (“AMPs”) in the Income Tax Act  are not offences that trigger constitutional protections such as the right to be presumed innocent. You can read more about the case in this alert for Global Compliance… Continue Reading

The New Integrity Regime in Canada – Revised Debarment Rules still too strict?

Posted in Investigations & Compliance
On July 3rd, 2015, the Canadian government announced a new Integrity Framework (the “Integrity Regime”), which applies to all federal procurement and real property transactions, and debars suppliers who have been convicted of “integrity offences” from contracting with the federal government for a set period of time ranging from 5-10 years. The previous regime, first… Continue Reading

First jail sentence in Canada for foreign corrupt practices: Recognition of the seriousness of a conspiracy to bribe

Posted in Investigations & Compliance
Nazir Karigar, a former agent of an Ottawa high-tech company  was sentenced on May 23, 2014 to a penitentiary term of three years for conspiring to bribe several Indian government officials in the first Corruption of Foreign Public Officials Act (the “CFPOA” or the “Act”) case to go to trial. The conspiracy to bribe had as… Continue Reading

Deferred prosecution agreements arrive in the U.K.; food for thought for Canada

Posted in Investigations & Compliance
As of February 24, 2014, prosecutors in the United Kingdom will have a new tool in their arsenal to combat corporate criminal wrongdoing. After a lengthy consultation process, and with the benefit of observing a longstanding U.S. practice, the British Parliament amended its Crime and Courts Act to allow for Deferred Prosecution Agreements (“DPAs”). Canadian… Continue Reading

Documents uncovered during fraud investigations

Posted in Investigations & Compliance, Investment Fraud
SA Capital Growth Corp. v. Mander Estate dealt with the thorny issue of whether a court-appointed officer, in this case a Receiver appointed to sell the assets of an insolvent entity, had a legal obligation to disclose information that it had obtained to an individual who was facing serious allegations under Ontario’s Securities Act. Justice… Continue Reading

Griffiths Energy comes clean with a voluntary disclosure about a foreign bribe

Posted in Investigations & Compliance
On January 25, 2013, Alberta Court of Queen’s Bench Justice Scott Brooker accepted a joint submission by the Crown and the lawyer of Griffiths Energy International Inc., a private, Calgary-based oil and gas company, on a single count of bribery under Canada’s Corruption of Foreign Public Officials Act (CFPOA). The charge arose from GEI’s illegal… Continue Reading