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Inside Internal Controls

News and discussion on implementing risk management

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corruption

Remediation agreements and other recent developments in white collar crime

Remediation agreements, a new tool for corporate accused, will continue to be in the spotlight as we all learn when prosecutors will be prepared to allow the use of remediation agreements and how their use will be received by the voting public.

 

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Recent guilty plea demonstrates that criminal liability for corruption may extend to corporate officers

Corporate criminal liability in Canada was expanded in 2013 following the R. v. Pétroles Global decision, which established that the “directing minds” of the corporation may be seated in the persons of middle management for purposes of establishing criminal liability of the company.

 

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Individual defendant receives three-year sentence for Canadian corruption conviction

On December 17th, 2018, Quebec’s Superior Court of Justice sentenced Yanaï Elbaz, a former senior manager of the McGill University Health Centre (MUHC), to a three-year prison term for his involvement in a bribery scheme in which SNC-Lavalin secured a $1.3 billion contract to build MUHC.

 

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Ontario Court of Appeal breathes some life into anti-corruption pursuits

The Ontario Court of Appeal’s decision in this case injects new life into anti-corruption pursuits under the CFPOA and is a reminder that individuals may be personally liable for illegal conduct undertaken for a company’s benefit.

 

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Common anti-fraud controls ineffective at preventing and detecting fraud

A “typical” business can lose five percent of its revenue to fraud according to a recent global fraud study. And organizations are lucky if they detect the fraud at all. Most businesses find out about fraud from a tip, not from strong internal controls.

 

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Canada loses points in annual corruption ranking

Transparency International’s 2013 Corruption Perceptions Index shows significant improvement among some poor performers and some movement at the top, as well. In particular, Canada’s score fell three points in 2013, to 81 (out of 100). The Corruption Perceptions Index measures how various stakeholders perceive corruption in the public sectors of the subject countries, based on reviews of government accountability, access to information, conflicts of interest and abuse of office, and integrity rules and anti-corruption laws.

 

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Corporate social responsibility is dead!

Some organizations might be happy to hear that, but it’s not what you think. According to some, corporate social responsibility (CSR) was never more than a stopgap measure that allowed unsustainable companies to clothe themselves in robes of virtue.

 

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