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Government Enforcement Exposed - "The GEE"
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22 Apr 2014 Here Comes Canada: Corruption Prosecutions Likely to Increase Under the Amended CFPOA

Discussions of anti-corruption and anti-bribery prevention and compliance often center on the U.S. Foreign Corrupt Practices Act (“FCPA”) and the U.K. Bribery Act, given the high-profile nature of those laws and the agencies that enforce them.  But companies would be wise to familiarize themselves with Canada’s Corruption of Public Officials Act (“CFPOA”) and the recent cases that have been brought thereunder, given that investigations under the recently amended CFPOA appear to be on the rise. The CFPOA was enacted in 1999 with Canada’s ratification of the OECD Convention.  However, there was virtually no enforcement of the CFPOA for the first 10 years of its existence, in part because the law contained major loopholes that prevented serious enforcement.  Among those loopholes was the inability of Canadian…

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10 Apr 2014 INSURANCE AND WHITE COLLAR DEFENSE; IF YOU DON’T HAVE ONE, YOU MAY NOT BE ABLE TO HAVE THE OTHER

  The BUGA (“Big Ugly Government Agency”) has just metaphorically pounded on the door of your company, howling about civil and criminal charges, mind-blowing fines and penalties, debarment, seizing your first-born and otherwise threatening your existence. So you seek out a phenomenal white collar firm to defend you and yours and lo, they recommend a vigorous internal investigation, leading to the formation of a rock solid defense that, if needs be, can be deployed to defend against BUGA from here to the Supreme Court and back again.   It will, however, cost a lot of money to defend yourself. But, like many a modern company, you have insurance coverage that, you believe, will fund your defense.  Sadly, when you look to your insurance carrier, it…

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