Employee Misconduct

Subscribe to Employee Misconduct

Discovering corporate criminal wrongdoing by employees or agents is a situation that employers hope to never encounter. However, if that time comes it is critical to be prepared.

The Federal Government has tabled new legislation, Bill C-74, that will change the law on corporate criminal liability and provide a new tool for prosecutors. Bill C-74 introduces a new regime, known as the Remediation Agreement Regime, modeled on the Deferred Prosecution Agreements regularly used in the US and the UK. As we recently wrote, the new regime will amend the Criminal Code and incentivize corporations to self-disclose criminal conduct to the authorities by providing an alternative to criminal prosecution for qualifying companies through the proposed remedial program, which may include enhanced compliance oversight, monitors, and fines.

To ensure you are prepared for the new regime, join Baker McKenzie’s global practitioners on Thursday, June 14 for a Deferred Prosecution Agreement Roundtable. Gain important insights on:

  • The impact that Bill C-74 will have on corporate criminal law in Canada;
  • How the Canadian Remediation Agreement Regime will work in practice and how it will impact the Integrity Regime;
  • The critical lessons learned from negotiating Deferred Prosecution Agreements in other jurisdictions;
  • Strategies for self-disclosure and dealing with parallel multinational investigations, multiple enforcement agencies, and global settlement negotiations; and
  • Designing compliance programs and conducting effective internal investigations to ensure your company qualifies for a DPA.

You will hear from Baker McKenzie lawyers who have deep experience in these areas, including at the UK’s Serious Fraud Office, the US Department of Justice, the Crown Attorney’s office, and the highest levels of the Canadian government. Our multijurisdictional team has negotiated DPAs in the US, made self-disclosures in the UK, and worked with the RCMP and Public Prosecution Service to resolve allegations of corporate criminal misconduct in Canada.

In addition, we’ll discuss best practices for implementing effective corporate compliance programs.

Event Details

Schedule

8:30 AM Breakfast
9:00 AM – 12 PM Roundtable

Location

Baker McKenzie
181 Bay Street, Suite 2100
Toronto, ON M5J 2T3

CPD Credit

This program can be applied towards 3 Substantive hours of Continuing Professional Development (CPD) required by the Law Society of Upper Canada. Please note that this program is not accredited for Professionalism hours.

Register for the event HERE.

A recent decision from the Ontario Superior Court demonstrates the overlap between civil and criminal findings, and how an employer can use a criminal verdict to recover additional damages in a civil claim. In Atlas Copco Canada Inc. v. David Hillier 2018 ONSC 1558, rendered March 7, 2018, an employer “piggybacked” off of a criminal court decision to recover an additional $20 million from an ex-senior employee who accepted payments and benefits in return for allowing a fraud to continue.

This decision highlights an employer’s possible options for fraud recovery, as well as the steep costs for employees of participating in fraudulent schemes. Continue Reading