Anti-Bribery, Anti-Corruption and Anti-Money Laundering (ABAC/AML)
In a rapidly evolving legal landscape where clients face heightened scrutiny and increased enforcement of domestic and international anti-bribery, anti-corruption and anti-money laundering legislation, there is a growing need for counsel with in-depth knowledge and expertise in this area.
Our lawyers proactively assist companies, trusts, boards of directors, officers and in-house counsel with designing and implementing robust ABAC/AML compliance programs to address and avoid potentially ruinous civil, criminal and quasi-criminal sanctions, and the significant reputational harm that can follow. If ABAC/AML issues arise, our lawyers also assist with investigating and resolving those issues with a view to mitigating financial and reputational damage.
With knowledge of ABAC/AML laws and regulatory agencies across Canada and in many international jurisdictions, including offshore financial centres, our lawyers are well-positioned to respond to and co-ordinate multi-jurisdictional investigations that extend beyond Canada’s borders.
Areas of Expertise
- Conducting internal regulatory investigations and audits to identify deficiencies and ABAC/AML compliance risks
- Improving or designing and implementing effective ABAC/AML compliance policies and whistleblowing programs, and monitoring those policies and programs once in place
- Advising on the interpretation and application of the Corruption of Foreign Public Officials Act and the Proceeds of Crime (Money Laundering) and Terrorist Financing Act
- Advising clients on ABAC/AML issues related to mergers and acquisitions and joint ventures
- Representing public and private companies in domestic and international cartel investigations under the Competition Act
- Defending public companies, boards of directors, officers and shareholders in investigations and/or prosecutions under the Criminal Code, by provincial securities commissions and other financial regulators for insider trading, tipping and other securities-related offences
- Acting as counsel in multi-jurisdictional forensic investigations
- Challenging or assisting with mutual legal assistance treaty requests with foreign criminal and regulatory authorities, freezing orders and Mareva injunctions, Anton Piller orders, searches and seizures, production and disclosure orders
- Asset tracing and recovery