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Canada Cleans Up
For the last six years, Canada has ranked among the 10 least corrupt nations, according to Transparency International's Corruption Perceptions Index. So it came as a surprise to many when, in a March 2011 report, the Organization of Economic Development's Working Group on Bribery censured Canada for lackluster enforcement of its foreign anti-corruption law, the Corruption of Foreign Public Officials Act R.S.C. 1998, c. 34 (Can.) at SEC. 3(1) (hereinafter CFPOA). The report also cited four major weaknesses in the law itself. OECD Working Group on Bribery, Phase 3 Report on Implementing the OECD Anti-Bribery Convention in Canada at 5 (2011), http://tinyurl.com/lw9vtv7%20(hereinafter Canada Phase 3 Report).
Just two months later, Transparency International ranked Canada's anti-bribery enforcement in the bottom tier of all countries surveyed ' the worst of the G7 nations. See Transparency International, Progress Report 2011: Enforcement of the OECD Anti-Bribery Convention at 6-7 (2011). Since then, the Canadian government has proposed amendments to the CFPOA to extend its reach and stiffen its penalties, handed down the largest monetary penalty to date in the history of Canadian anti-corruption enforcement, and increased the number of such investigations. Particularly given Canada's role as the United States' largest overall trading partner, and the potential for cross-border law enforcement cooperation, this new era of heightened Canadian anti-corruption enforcement is worth review.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.