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FCPA Flash – A Conversation With Jonathan Drimmer (VP & Deputy GC of Barrick Gold Corp.)

FCPA Flash

The FCPA Flash podcast provides in an audio format the same fresh, candid, and informed commentary about the Foreign Corrupt Practices Act and related topics as readers have come to expect from written posts on FCPA Professor.

This FCPA Flash episode is a conversation with Jonathan Drimmer (V.P. & Deputy General Counsel of Barrick Gold Corp. a Canadian company with shares traded in the U.S.). During the podcast, Drimmer answers which law (the FCPA or Canada’s Corruption of Foreign Public Officials Act) and its enforcement keeps him up more at night; the challenges of compliance including third party due diligence; and training best practices including whether there is compliance fatigue.

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Canada Should Say No To DPAs

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On June 17, 2015, I attended a meeting in Toronto at the invitation of Transparency International – Canada Legal Committee. My powerpoint presentation titled “Canada Should Say No to DPAs” is here.

Given the types of individuals in the room and those joining the meeting via phone (generally speaking lawyers, accountants and others who stand to benefit from more enforcement of Canada’s Corruption of Foreign Public Officials Act – CFPOA), I didn’t really expect to change minds regarding the then early push by certain Canadian participants to adopt DPAs to resolve alleged instances of CFPOA scrutiny.

Thus, I was not surprised to read this July 2017 report released by TI-Canada titled “Another Arrow in the Quiver? Consideration of Deferred Prosecution Agreement Scheme in Canada.” This post analyzes the TI-Canada report and just like I urged the U.K. not to adopt DPAs (see here), just like I urged Australia not to adopt DPAs (see here), I urge Canada not to adopt DPAs.

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FCPA Flash – A Conversation With Milos Barutciski Regarding Canada’s Corruption Of Foreign Public Official’s Act

FCPA Flash

The FCPA Flash podcast provides in an audio format the same fresh, candid, and informed commentary about the Foreign Corrupt Practices Act and related topics as readers have come to expect from written posts on FCPA Professor.

This FCPA Flash podcast is a conversation with Milos Barutciski (Bennett Jones – Toronto) regarding Canada’s FCPA-like law, the Corruption of Foreign Public Officials’ Act. (CFPOA). During the podcast, Barutciski discusses: some of the differences between the CFPOA and the FCPA; how enforcement of the CFPOA is different than enforcement of the FCPA; and whether Canadian companies subject to the FCPA are more concerned with CFPOA enforcement or FCPA enforcement.

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Canadian Court of Appeal Upholds Karigar Conviction For Bribery Of Foreign Public Official

Judicial Decision

Today’s post is from Milos Barutciski and Sabrina Bandali (lawyers in the Toronto office of Bennett Jones).

On July 6, 2017, the Ontario Court of Appeal upheld Nazir Karigar’s conviction and three-year prison sentence for agreeing to bribe a foreign public official contrary to the Corruption of Foreign Public Officials Act (CFPOA). Karigar had acted as an agent of Cryptometrics Canada, an Ottawa-area company, in pursuing a contract to supply security screening equipment to Air India. The trial judge determined that Karigar had agreed with other persons to bribe Indian public officials in order to win the contracts and sentenced Karigar to a three-year imprisonment for contravening section 3 of the CFPOA. The trial judge notably did not conclude that Karigar actually paid a bribe.

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Canada’s “Africa Sting” Moment

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As noted in various reports, three executives of SNC-Lavalin Group (former SNC vice-president of energy and infrastructure Kevin Wallace, former SNC vice-president of international development Ramesh Shah, and Bangladeshi-Canadian businessman Zulfiquar Ali Bhuiyan) were recently acquitted in connection with a Bangladesh bribery scheme “after an Ontario judge threw out wiretap evidence key to the case, saying the wiretap applications were based on gossip and rumour.”

The recent development follows charges being dropped against two other defendants charged in the same case.

While not a perfect parallel, the recent failed prosecution north of the border is similar in certain respects to the DOJ’s failed, manufactured Africa Sting case.

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