Criminal Enforcement and Civil Remedies for Non-Compliance: The Year in Review and Implications for Canadian Companies

February 5, 2014 10:45am

Jonathan Armstrong
Duane Morris LLP, London, UK

Warren Feldman
Skadden, Arps, Slate, Meagher & Flom LLP, New York

Kristine Robidoux Q.C.
Gowling Lafleur Henderson LLP, Calgary

Cameron Miller
Officer In Charge of the Federal Coordination Centers

2013 saw the first individual conviction and sentencing following trial in Canada under the CFPOA. More than 50 investigations are rumoured to be under way. What can we expect for 2014?

  • Nationality jurisdiction under the 2013 amendments: how is it affecting enforcement?
  • The Karigar sentence and its implications
    • Criminal liability where a bribe was contemplated but not actually paid
  • Recent cases and updates on ongoing matters: Griffiths Energy, Nordion Inc., SNC-Lavalin
  • The effect of reorganization of RCMP resources
  • The RCMP’s new collaboration with other lawenforcement organizations
  • Avoiding charges against management of obstruction of justice
    • Use of confidentiality agreements to muzzle whistleblowers
    • Document preservation
  • Trends in FCPA enforcement
    • The SEC goes after the hiring of elite offspring
  • Developments under the UK Bribery Act
    • New provisions analogous to deferred prosecution agreements under the FCPA
    • Recent prosecutions, including the first four charges laid against individuals
    • Sentencing guidelines
  • Enforcement activity in China: What’s behind it?
  • The relationship between corruption charges and bid-rigging offences under competition laws
  • An update on follow-on securities class actions, including the SNC-Lavalin action