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SNC-Lavalin Continues To Pout

Child Crying

But Mom / Dad, when Johnny gets into trouble his parents do things a little bit differently, why can’t I benefit from that?

That was my reaction in this February 2015 post when SNC-Lavalin was criminally charged by Canadian authorities for alleged improper payments to Libyan officials. Upon being charged, the company issued this release stating:

“It is important to note that companies in other jurisdictions, such as the United States and United Kingdom, benefit from a different approach that has been effectively used in the public interest to resolve similar matters while balancing accountability and securing the employment, economic and other benefits of businesses.”

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Canada Now Has Deferred Prosecution Agreements

Canada2

A guest post today from Toronto-based Borden Ladner Gervais attorneys Milos Barutciski, Graeme Hamilton and Julia Webster.

On September 19, 2018, deferred prosecution agreements (DPAs) became available to resolve corporate offences in Canada under the Criminal Code and the Corruption of Foreign Public Officials Act.

Remediation Agreements will be available to resolve criminal charges against corporations, partnerships and other forms of business organizations without registering a criminal conviction. Remediation Agreements will be negotiated by the prosecution and the accused and are subject to judicial approval. They will typically be accompanied by the payment of penalties, restitution, implementation of compliance measures, and other terms and conditions as negotiated by the parties, including the potential appointment of corporate monitorships.

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Friday Roundup

Roundup

A home run, quotable, monitors, up north, scrutiny alerts and updates, irksome, and for the reading stack. It’s all here in the Friday roundup.

Home Run

The latest issue of the always informative FCPA Update from Debevoise & Plimpton (released by the way on the opening day of the Major League Baseball season) hits a home run.

The lead article by Paul Berger (former Associate Director of the SEC’s Enforcement Division) concerns the recent Elbit Imaging enforcement action (see here for the prior post) and states in pertinent part:

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News Flash – Canadian Businesses Prefer Less Harsh Criminal Sanctions And Other Observations Relevant To Canada’s Movement Towards DPAs

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These pages have closely followed Canada’s movement towards DPAs. (See here and here for prior posts including my submission to the Canadian government encouraging it to say “no” to DPAs).

As predicted in my 2010 article “The Facade of FCPA Enforcement” other nations would soon start to salivate over alternative resolution vehicles because they are easy, efficient and yield a greater quantity of enforcement actions allowing them to “catch up” to the U.S. in terms of “enforcing” bribery laws. This is precisely what happened in the U.K. and France and is happening in Australia and Canada.

Recently, the Canadian government released this document titled “Expanding Canada’s Toolkit to Address Corporate Wrongdoing: What We Heard.” As discussed below the document is laughable in certain respects and otherwise fails to capture several salient points relevant to Canada’s movement towards DPAs.

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Friday Roundup

Roundup

Scrutiny alerts and updates, ripple, didn’t fit the narrative, too far into the weeds, the emerging global facade of enforcement and for the reading stack. It’s all here in the Friday roundup.

Scrutiny Alerts and Updates

Amway

Multilevel marketing companies Avon and Nu Skin Enterprises previously resolved FCPA enforcement actions concerning conduct in China. (See here, here, here, here and here for prior posts). Multilevel marketing companies USANA and Herbalife are currently under FCPA scrutiny for its business practices in China.

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