A corruption or bribery charge can result in far-reaching consequences beyond any potential financial or criminal penalty. Even if the charge is ultimately proven untrue or if voluntary disclosure mitigates the amount of a fine, it can stain a company's hard-earned name, damage its brand in the eyes of customers and erode shareholder value.
Many countries are becoming more vigilant about enforcing laws and regulations that combat bribery and corruption abroad and at home. Canada's Corruption of Foreign Public Officials Act (CFPOA), for example, is being strengthened and enforcement activities ramped up—exposing Canadian firms to some of the world's toughest criminal and civil liabilities for improper activities.
McMillan's Anti-Corruption and Fraud Group assists clients in three ways: helping improve their anti-corruption compliance programs to prevent irregular activities from occurring in the first place; assisting in audits and investigations in which suspect activities are of concern and preparing voluntary disclosures when necessary; and providing a defence against charges of corruption and bribery of domestic or foreign officials in the event they do occur.
We help clients understand the application of Canadian rules on anti-corruption as they apply to business activities in countries where corruption is a risk and we deliver comprehensive analysis of Canadian laws and agreements that prohibit bribery of public officials, possession of proceeds from bribery and money laundering.
Our lawyers have provided expert counsel to multinational clients in a wide range of industries including aerospace and defense, financial services, mining, oil and gas, engineering services, manufacturing, and telecommunications.
McMillan professionals help clients lead by:
- Providing guidance on anti-corruption and anti-bribery laws
- Designing and implementing anti-corruption policies, business codes of conduct and compliance programs
- Conducting internal investigations and audits
- Providing guidance through the voluntary disclosure process
- Conducting due diligence on transactions with businesses outside Canada
- Providing representation before the courts on matters regarding corruption and fraud