Orr, William K.
Fasken Martineau
DuMoulin LLP
(416) 865-4360
worr@fasken.com
Mr. Orr is recognized as one
of Canada's leading lawyers in
advising boards of directors
and their committees on
corporate governance
issues, mergers &
acquisitions, capital markets,
securities regulation and
multinational transactions.
Paré, Robert
Fasken Martineau
DuMoulin LLP
(514) 397-7517
rpare@fasken.com
Mr. Paré has a national and
international corporate/
commercial practice
focusing on corporate
law, M&A, governance
matters and securities
law. Recognized as one of
Canada's most distinguished
business lawyers by Lexpert®
and Chambers Global.
Pillon, Elizabeth
Stikeman Elliott LLP
(416) 869-5623
lpillon@stikeman.com
Partner in Toronto's litigation
group. Co-head of the fi rm's
Toronto Restructuring
Group. Acts for debtors,
monitors, receivers,
creditors and purchasers of
distressed assets, appearing
before the Ontario,
Quebéc, Alberta, BC,
Manitoba and NS courts.
Orzy, S. Richard
Bennett Jones LLP
(416) 777-5737
orzyr@bennettjones.com
Co-leader of Restructuring
Practice. Very o en has a
prominent role in major
domestic and cross-
border restructuring and
insolvency matters. Clients
include bondholders, large
debtors, landlords, fi nancial
institutions and insurers.
Pennycook, Carol D.
Davies Ward Phillips &
Vineberg LLP
(416) 863-5546
cpennycook@dwpv.com
Ms. Pennycook focuses on
corporate and structured
fi nance, M&A, P3s and
reorganizations. Represents
borrowers, arrangers,
lenders/syndicates in
project and infrastructure
fi nancings, debt off erings,
structured fi nancings and
derivative transactions.
Pincus, Stephen N.
Goodmans LLP
(416) 597-4104
spincus@goodmans.ca
Mr. Pincus has an extensive
M&A, capital markets,
corporate governance and
private-equity practice.
He's played a leading role
on many landmark deals,
and in developing Canada's
domestic and cross-border
IPO sectors, and real
estate capital markets.
their clients self-disclosing, "You have to
make a thorough legal analysis based on the
original internal investigation as to what the
exposure is, who is at risk, and what is the
risk if charges were laid that a conviction
would be secured."
For years, anti-corruption legislation
went mostly unenforced by Western gov-
ernments. Many companies, including Ca-
nadian businesses ranging from the resource
sector to aircra equipment manufacturers,
simply accepted that paying bribes in some
regions is a norm.
! ough the United States, which has led
the fi ght against bribery, brought in legisla-
tion making it illegal in 1977 for American
fi rms and their international subsidiaries
and suppliers to pay bribes, the law was
only sporadically en-
forced until around the
year 2000. Since then,
though, the American
government has inten-
sifi ed enforcement and
prosecuted about 200
companies, says Milos
Barutciski, who co-
chairs the International
Trade and Investment
Practice at Bennett
Jones
LLP in Toronto.
IN CANADA, since
it came into force in
1999, there have been
just a handful of cases
prosecuted under the
CFPOA. However, in
May 2014, Nazir Kari-
gar became the fi rst
Canadian businessman
sentenced to prison under a CFPOA con-
viction. ! ough he brought his own actions
to the attention of RCMP, Karigar, acting
as an agent for the technology fi rm Crypto
Metric, was given three years in prison for
conspiring to bribe foreign public offi cials.
! e court found he had plotted to bribe
an Indian cabinet minister and Air India
offi cials to the tune of US$450,000 in an
attempt to win a contract with the airline.
! e sentence sent a strong message that
the federal government and the courts
would deal harshly with corruption both
by Canadian companies and the individu-
als working for them. "! ose laws are about
making the cost of bribery so high the pay-
ers will stop," says Barutciski.
Guided by a fi rm moral compass, anti-
corruption laws are more than sanctions
regulations. ! ose are tools countries adopt
for geopolitical reasons, sometimes, sug-
gests Barutciski, on fuzzy grounds. It was
largely because of a powerful expat Cuban
lobby that Barutciski says the
US placed
sanctions on Cuba. ! ose laws could cap-
ture Canadian companies that, for instance,
might use American-made components in
their products that are shipped to Cuba.
Meanwhile, no other countries followed
suit on Cuban sanctions.
"With sanctions you have a fl uid geopo-
litical environment," Barutciski points out:
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CORRUPTION AND SANCTIONS
LEXPERT
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