huge international bank, con-
sider this: the fi ne signifi cantly
exceeded the bank's 2013 in-
come of US$6.4 billion.
! ere's strong evidence that
many Western governments are
getting tough on both corrup-
tion and violations of their own
international sanctions against
other foreign governments.
For Canadian business peo-
ple, constantly evolving domes-
tic and international sanctions
against countries such as Rus-
sia, Iran and other countries,
along with increased enforce-
ment of legislation including
the Corruption of Foreign Public
Offi cials Act
(CFPOA) – which makes it a
Criminal Code off ence to bribe foreign of-
fi cials – has them wondering : Who you
gonna call if you get in trouble? Or, better
yet, who you gonna call to keep you out of
trouble in the fi rst place?
It may well be a relatively rare breed of
lawyers such as Stéphane Eljarrat, Milos Ba-
rutciski and others who specialize in fi elds
such as white-collar criminal defence or in-
ternational trade law and understand how
to arm companies against the growing mul-
titude of risks in operating abroad.
"In the last year I defi nitely have seen
much more focus and attention" on these
subjects, says Eljarrat, a partner and Co-
leader of the Investigations & White Collar
Defence practice with Davies Ward Phillips
& Vineberg
LLP in Montréal. Canadian
business leaders, says Eljarrat, who practises
in Montréal and Toronto, "are more and
more interested in seeking advice to ensure
their compliance programs are adequate."
Increasingly they want the legal tools to
deal with problems should they uncover
corruption or sanctions breaches in their
own company, or even with foreign suppli-
ers, agents or partners.
Among the many things
Canadian executives must
worry about is how to design
eff ective compliance pro-
grams, how to properly con-
duct internal investigations,
and, critically, whether to
pro-actively self-report pos-
sible violations.
A violation can mean a
company could be barred
for 10 years from bidding on
contracts with the Canadian
government — a costly pros-
pect
SNC-Lavalin Group
Inc. now faces. In February,
in addition to prior charges
and convictions, the RCMP
laid additional corruption and fraud charg-
es against the engineering fi rm, already de-
barred from World Bank-related contracts.
! e RCMP allege SNC made $47.7 million
in bribes to Libyan offi cials and committed
fraud in the amount of $130 million related
to construction of Libya's Great Man-Made
River project.
SNC has vowed to fi ght the
new charges.
IN 2007, Public Works and Govern-
ment Services Canada
(PWGSC) estab-
lished its Integrity Framework – which it
strengthened last year – setting out a code
McReynolds, D. Shawn
Davies Ward Phillips
& Vineberg LLP
(416) 863-5538
smcreynolds@dwpv.com
Mr. McReynolds practises
M&A, corporate and
securities law. He advises
public companies and
the securities industry on
corporate governance
issues, and has represented
issuers and underwriters
in numerous public and
private fi nancings.
Melanson, Michael N.
Bennett Jones LLP
(416) 777-6552
melansonm@
bennettjones.com
Mr. Melanson practises
corporate and securities law,
including public and private
off erings, take-overs and
M&A. He acts for a wide
variety of clients, particularly
in mining, with a focus on
China, Hong Kong and
other international markets.
Mercier, Vincent A.
Davies Ward Phillips
& Vineberg LLP
(416) 863-5579
vmercier@dwpv.com
Mr. Mercier focuses
on securities law and
public company M&A,
including hostile take-
overs, private-equity
acquisitions, friendly mergers
and special committee
processes in all sectors,
including fi nancial services,
communications and media.
Meghji, Al
Osler, Hoskin
& Harcourt LLP
(416) 862-5677
ameghji@osler.com
Mr. Meghji is widely
recognized as one of
Canada's leading tax
litigators. Counsel to many
signifi cant corporate
taxpayers. Has successfully
argued numerous
landmark cases, including
the fi rst GAAR case and
the fi rst transfer-pricing
case in the SCC.
Mendelsohn, Max
McMillan LLP
(514) 987-5042
max.mendelsohn@
mcmillan.ca
Mr. Mendelsohn practises
domestic and cross-border
insolvency and restructuring,
focusing on businesses
and fi nancial institutions.
He has counselled the
federal government on
insolvency reform, is a
mediator and arbitrator,
and a frequent speaker.
Moch, Darcy D.
Bennett Jones LLP
(403) 298-3390
mochd@bennettjones.com
Mr. Moch's tax practice
focuses on corporate
M&A, reorganizations
and fi nancings, as well as
personal, succession and
foreign matters. He is the
past-chair of the National
Tax Section of the CBA
and the past co-chair of
the Joint Committee.
26
|
CORRUPTION AND SANCTIONS
"IN THE LAST YEAR I DEFINITELY
HAVE SEEN MUCH MORE FOCUS
AND ATTENTION [ON CORRUPTION
AND SANCTIONS. CANADIAN
BUSINESS LEADERS] ARE MORE
AND MORE INTERESTED IN
SEEKING ADVICE TO ENSURE THEIR
COMPLIANCE PROGRAMS
ARE ADEQUATE."
– Stéphane Eljarrat, Davies Ward Phillips
& Vineberg LLP
LEXPERT
®
RANKED LAWYERS
