Recently entered pleas by Niko Resources and Griffiths Energy illustrate the requirement that all companies adopt proactive internal control mechanisms to avoid conflict with the CFPOA. In addition both of these cases demonstrate that the RCMP’s commencement of a CFPOA investigation is a matter to be treated as entailing the utmost gravity.

A variety of complex multi-jurisdictional questions of fact and law are implicated by an RCMP CFPOA investigation. Target companies must immediately develop a preliminary strategy that will not only factor in the CFPOA, but also the foreign anti-corruption legislation of other countries, notably the U.S., and then effectively manage the internal and external defence investigations that are often required.

Many complex legal questions will also arise. As many of these have not yet been addressed by the Canadian Courts defence counsel will require extensive experience in the management of complex multinational investigations and defences.

M+A’s many years of experience in the conduct of such cases and it’s international network of associate counsel make it particularly well equipped to provide those companies, shareholders and corporate officers facing a foreign corruption investigation with the most comprehensive, cost effective, aggressive defence services available.