First Individual Conviction Under Canada’s Corruption of Foreign Public Officials Act (CFPOA)

AUTHOR’S POST

Mandy Moody, CFE
ACFE Social Media Specialist

In March 2011, the Organization for Economic Co-operation and Development (OECD) publically criticized the Canadian government for insufficient enforcement of their Corruption of Foreign Public Officials Act (CFPOA), legislation passed in 1999 to root out bribery and corruption. Two months later, Transparency International scolded Canada in their Corruption Perception Index for having “little or no enforcement" of their anti-bribery legislation.

As of last week, all of that has changed. On Aug. 15, 2013, the very first individual, Nazir Karigar, was convicted under the CFPOA by Judge Charles Hackland of the Ontario Superior Court of Justice for conspiring to offer bribes to Indian government officials. As The Globe and Mail reported, “Judge Hackland’s decision, which makes it clear that there is no evidence that officials in India accepted any money, is the first time a Canadian judge has assessed evidence in a trial and ruled on the bribery law…” While the defendant held on to the premise that the money in his account was not for the officials in India, according to Mondaq.com, Hackland remained adamant that, “[Karigar] accepted that a conspiracy or agreement to bribe a foreign public official is a violation of the CFPOA: the CFPOA uses the word "agrees", which imports the concept of a conspiracy into the Act. He noted that in so doing, the CFPOA meets Canada's obligation under the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (Anti-Bribery Convention) to make conspiracy to bribe a foreign public official an offence.” Read the full article describing the interpretation of the Act.

This victory in Canada brings great hope for the future enforcement of the CFPOA and will be a topic of discussion at the upcoming ACFE Canadian Fraud Conference in Montreal, Sept. 8-11. The Globe and Mail’s chief Quebec correspondent, Sophie Cousineau, will lead an interactive panel discussion at the Conference that focuses on the current state of the CFPOA and its impact on fraud-fighters across the nation.

This topic and more will be highlighted next month in Canada. You can find the full agenda, sessions and keynote descriptions at ACFE.com/Canadian.

One-Man Fraud Squad No Longer the Most Effective Way to Fight Corruption

GUEST BLOGGER

James D. Ratley
ACFE President and CEO

As I’ve found throughout my career, professional synergy has enormous value. When I was a young investigator on the Dallas police force, attending college part-time to get my accounting degree, one person described me as a “one-man fraud squad.” That may sound impressive, but it’s not the most effective way to fight corruption. In those pre-ACFE days, though, there were no other options. But no longer is that the case. Perhaps the best illustration of this is the upcoming 2011 ACFE European Fraud Conference, April 17-19.

For the first time in recent years, the ACFE will host the conference on the Continent itself, fittingly in Brussels, capital of the European Union. There’s excitement in the air about this gathering, and with good reason.

Fraud fighters from all over the world will come to rub shoulders and share thoughts with representatives of some of the biggest players in the government and industry. In short, this ACFE conference is your best source of insight on complying with the complex web of regional and national anti-fraud laws and regulations. And you won’t find a better opportunity to build rewarding relationships with your peers.

Sharing their anti-fraud experience and practical compliance insights with you will be officials from the European Commission and regulators from other global regions. Joining them will be an equally international group of corporate leaders sharing the fraud-fighting techniques they’ve found particularly effective in the worldwide marketplace. Plus, you’ll hear from Jeffrey Robinson, author of some of the most widely read works on fraud.

As the go-live date for the U.K. Bribery Act nears, you want to know how it will interact with the U.S. Foreign Corrupt Practices Act and the Organization for Economic Cooperation and Development Anti-Bribery Convention. That’s what the European Conference will tell you.

Sessions such as Globalization of Fraud and the Need for Fraud Examiner Cooperation; Fraud Investigations in Germany, France, and the UK; The Protection of the Financial Interests of the EU; and Pitfalls of Investigating Fraud in Russia will provide practical insights for your immediate use.

And with the UK Bribery Act scheduled to take effect as soon as certain of its provisions are clarified, the conference session titled, The UK Bribery Act of 2010: A Fraud Practitioner’s Perspective will focus you on the Act’s most controversial aspects and how to prepare for their resolution by legislators and regulators.

Of equal practical value will be the pre-conference session, The Global Challenges of Fighting Bribery and Corruption, which assesses the FCPA’s, the UK Bribery Act’s and OECD’s requirements and explains how various kinds of affected entities can best meet them.

I, my fellow speakers, and the ACFE will make the 2011 European Conference personally and professionally rewarding for attendees. We look forward to seeing you there!

To register for the ACFE European Fraud Conference, go here.

ACFE Hosts European Fraud Conference in Brussels this April

GUEST BLOGGER 

Koen Albers, ACFE Belgian Chapter President 

The Belgium Chapter of the ACFE is proud to host the 2011 ACFE European Fraud Conference, April 17-19, the first one organized on the European continent. We are excited to welcome all anti-fraud professionals. Whether European or not, whether already an ACFE member or not, Brussels is looking forward to your visit.

In a couple of months, we will welcome anti-fraud professionals from all over Europe and the rest of the world to Brussels, Belgium: the city where Northern Europe meets Southern Europe, the capital of the European Union and the European community, and the location of many international and European headquarters. Whether you are a first-time visitor or a regular guest, you will appreciate the great food and ambiance (and some of the best chocolates and beer in the world).

The 2011 ACFE European Fraud Conference will take place in the center of Brussels, where there are many hotels, restaurants and sights, all within walking distance. There are also many convenient places to continue your networking after a day of challenging presentations and to discuss hot fraud topics with experts, including many local European speakers, from all over the world. The ACFE conference is an excellent value for your money. I’m looking forward to a couple of great days packed with a wide variety of topics and the option to choose the sessions that best suit you.

Why not come a couple of days early and spend the Saturday exploring the great city? Or, visit the Atomium and Mini-Europe, where you can see all the major European sites in just a couple of hours. On Sunday, after a morning stroll on the famous flea and antique market of the Marolles, followed by an early lunch in one of the typical brasserie restaurants, you can attend the Pre-Conference workshop to get the latest information regarding the UK Bribery Act, the Foreign Corrupt Practices Act (FCPA) and the bribery and corruption efforts of the OECD.

Monday and Tuesday are packed with experienced speakers sharing their knowledge and providing you with practical tips that will help you think outside the box to consider new approaches that can make a difference in your fraud practise. Enjoy the excellent food served at lunches whilst continuing to get informed on the latest fraud fighting methods by expert speakers of well-known organizations. I’m especially looking forward to the great mix of speakers from all over the European continent, the UK and the United States. This conference is a great opportunity to meet representatives from Europol, government agencies, private companies, world-renowned journalist and author Jeffrey Robinson, and the ACFE President and CEO James D. Ratley.

See you soon!

To register or for more information, go here.