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Tackling Corporate Corruption: The Case for Deferred Prosecution Agreements

The Conference Board of Canada, March 16, 2016
Recorded Webinar
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High-profile corruption allegations have plagued some major Canadian organizations in the past few years. Thanks to well publicized government inquiries and media exposure, there have been calls to prosecute those responsible and ensure these practices can no longer continue. But are our police and prosecutors up to the task?

Canada is a relative new-comer when it comes to enforcement of its anti-corruption laws. As a result, the Canadian legal experience is also relatively untested. In fact, to many observers there is a glaring gap in the Canadian regulatory landscape – there is no system for deferred prosecution agreements (DPAs) –or non-prosecution agreements (NPAs). A voluntary alternative to adjudication, a DPA allows a prosecutor to grant amnesty in exchange for the defendant agreeing to fulfill certain requirements, such as large fines or reform of business practices and the imposition of a monitor. But are DPAs right for Canada? What lessons could we glean from examples in other countries?

Join us for this special presentation as Ken Jull and Chris Burkett share their thoughts on why Canada should move forward in adopting a DPA and recommendations for how it could be implemented. This one-hour discussion will explore the need for better dialogue between regulatory authorities and companies regarding compliance issues. Ken and Chris will use practical examples to explain how DPAs can be the encouragement some Canadian organizations need to improve their internal corporate compliance assessments and reporting systems. Tune in to see how this will affect your role as the compliance leader in your organization.

Webinar Highlights

Attendees will hear expert analysis of Deferred Prosecution Agreements, and hear Ken and Chris explore:

  • What are DPAs and when are they appropriate?
  • What is the difference between a DPA and NPA and what are the criteria for either?
  • Deferred prosecution agreements: U.K. versus U.S. model
  • The Four stages of DPA process and the role of the court
  • The potential impact of DPAs on Canadian organizations’ compliance programs and self reporting
  • The Shift in transparency and what it means for compliance leaders and Canadian organizations

About Ken

Ken Jull practices in the area of risk management strategies to promote regulatory and corporate compliance. He is a member of the Firm’s Compliance and Investigations Practice Group and a member of the White Collar Crime Steering Committee. He is the co-author of Regulatory and Corporate Liability: From Due Diligence to Risk Management which is used as a textbook in his courses taught at the University of Toronto, Faculty of Law and Osgoode Hall Law School. A recent addition to this text is the chapter, “Canadian Corruption of Foreign Officials Act: Mandatory Risk Assessment”. Mr. Jull is a frequent contributor to the Canadian Fraud Law Blog.

Practice Focus

Mr. Jull conducts internal investigations and litigates disputes which have a compliance component. As part of risk management, Mr. Jull advises organizations with respect to a due diligence matrix for compliance. Mr. Jull has been recognized in the Leading Investigations Lawyers, The International Who’s Who Investigations Lawyers & Forensic Experts 2014 and The International Who’s Who Business Lawyers 2014-2015.

About Christopher

Christopher Burkett’s practice is focused on litigation and internal investigations. He has appeared on behalf of his clients before a variety of tribunals, at all levels of trial court, and the Court of Appeal for Ontario. In addition, he has conducted internal investigations of compliance issues for multinational corporations and their subsidiaries across multiple international jurisdictions.

Prior to joining Baker & McKenzie LLP, Chris was an Assistant Crown Attorney at the Ministry of the Attorney General, where he was the lead prosecutor in numerous trials. Mr. Burkett’s experience extends to matter involving administrative tribunals, judicial review applications, injunctions, trials and appeals.

Practice Focus

Chris has a broad trial advocacy and investigations practice, with a specific focus on labour and employment law, regulatory compliance, and criminal matters.

Chris also provides strategic advice to both domestic and international private and public sector corporations on employment law, labour arbitration, human rights, and regulatory compliance, particularly in the area of anti-corruption.

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