A magnifying glass leans against a thick stack of papers
A magnifying glass leans against a thick stack of papers
A magnifying glass leans against a thick stack of papers

Heightened scrutiny of corporate practices, and the increasing scope of government investigations and prosecutions are raising the importance of corporate compliance and risk management functions. McMillan’s White Collar Defence and Government Investigations group provides comprehensive support for clients seeking to prevent or responding to such investigations and prosecutions.

Our services include:

  • Representing corporations, other organizations and executives at all stages of criminal, quasi-criminal and regulatory investigations and prosecutions for all types of white collar offences including fraud, bribery and corruption, money laundering, cartels and price-fixing, insider-trading or other securities offences, economic sanctions, export/import controls and tax offences, as well as offences under health and safety, discrimination, immigration, financial services, energy, environmental and other regulatory regimes
  • Managing and defending against search warrants, inspection orders, interviews given under statutory compulsion, wiretapping orders, and other investigative actions
  • Conducting proactive internal investigations and audits into potential criminal and regulatory contraventions under the protection of solicitor-client privilege
  • Providing advice on risk management and regulatory compliance, including internal compliance systems, training, whistle-blowing, ethics  and media response-readiness programs
  • Conducting due diligence and advising on strategies to deal with foreign agents, intermediaries or other parties to commercial or M&A transactions
  • Providing advice on reputation management and defamation
  • Developing and executing government relations and communications strategies

Our team collectively has decades of investigation, enforcement, prosecution and defence experience. They include:

  • Former regulators and prosecutors, including a former General Counsel of the Public Prosecution Service of Canada who prosecuted Royal Canadian Mounted Police cases and cartels, and a former Chair of Ontario’s Market Surveillance Panel
  • Litigators with experience in criminal, civil, administrative tribunal and appellate proceedings across Canada
  • Specialists in anti-corruption, export controls, sanctions, anti-money laundering, cartels, securities, financial services, environmental, health and safety, discrimination and other regulatory regimes
  • Former senior government officials including cabinet ministers and deputy ministers with responsibilities for International Trade, Public Security, Labour, Treasury Board, Finance, and Environmental matters
  • Forensic specialists, including the current President of the Association of Certified Forensic Investigators of Canada

McMillan’s White Collar Investigations and Defence lawyers have been recognized in Chambers Canada and the Global Investigation Review’s Canadian survey. Where cross-border issues arise, we have working relationships with expert firms around the world to obtain the international assistance that our clients require.

To augment our legal services for clients facing urgent situations, McMillan has developed a full suite of Crisis Response Services:

  • Search Response Services — immediate, on-site responses to real-time investigative actions such as searches and seizures by police, the CBSA, the Competition Bureau or other authorities, as well as inspections by environmental, energy, employment and other authorities
  • Data Breach Crisis Service – rapid responses to cyber-security attacks and data breaches including dealings with regulatory agencies and other stakeholders
  • Product Recall and Regulatory Compliance Services – dealing with urgent product recall issues including regulatory requirements and other potential legal exposures
  • Document Preservation Service –  avoiding the unintentional destruction or alteration of critical records at the onset of an investigation or litigation
  • Fraud and Emergency Orders Service – isolating, assessing and alleviating acts of fraud, and initiating court applications to freeze assets (Mareva injunctions), protecting evidence (Anton Piller orders) and obtaining relevant third party documents (Norwich orders).
  • Crisis Communications Service – assisting companies with government, media and other external communications during government investigations and legal or regulatory proceedings.

In addition, McMillan is uniquely positioned to provide clients under investigation with supporting government relations and communications advice and assistance through McMillan Vantage Policy Group, a national public affairs firm that assists organizations in communications with governments, regulators and the media.

ANTI-CORRUPTION & FRAUD

McMillan’s Anti-Corruption and Fraud Group assists clients in three ways: helping improve their anti-corruption compliance programs to prevent irregular activities from occurring in the first place; assisting in audits and investigations in which suspect activities are of concern; and preparing voluntary disclosures when necessary; and providing a defence against charges of corruption and bribery of domestic or foreign officials in the event they do occur.

When signs of impropriety or fraud arise, McMillan’s team of specialized fraud litigators are ready to mobilize quickly, ensuring the most efficient, confidential and thorough solution to your business problem.

McMillan’s fraud team is comprised of experienced litigators and multi-disciplinary lawyers who have expertise in all aspects of fraud prevention, detection and litigation. We are unique in offering specially trained in-house forensic investigator and forensic accountant services, to ensure that all client needs can be served as part of a single, confidential plan.

McMillan professionals develop and implement sophisticated tools for early warning and fraud prevention; identify and detect various types of fraud including mortgage fraud, fraudulent conveyances, investment fraud, securities fraud, corruption, bribery, and bankruptcy fraud; advise  on the most efficient forms of asset recovery, including judicial remedies ensuring the freezing of assets, evidence protection, document disclosure and the enforcement of foreign judgments; and advise on asset-tracing, corporate governance procedures, compliance, director and officer liability, professional malpractice claims, audit procedures, and risk analysis.

Primary Contacts

View All Contacts

Guy Pinsonnault

Partner, Competition, Antitrust & Foreign Investment

Insights (10 Posts)View More

Featured Insight

Canada’s Updated Ineligibility and Suspension Policy for Federal Procurement Reveals Stricter Eligibility Requirements and More Flexible Enforcement Regime

Government of Canada has updated its eligibility requirements for suppliers involved procurement processes, creating more stringent but also flexible rules.

Read More
Jul 19, 2024
Featured Insight

Sanctions Enforcement Rising: Border Seizures and Forfeitures, Administrative Penalties and a New Reporting Obligation for Sanctions Evasion Offences

Changes to Canada’s sanctions regime under Bill C-59 will add reporting requirements for importers/exporters, create AMPs, and grant new CBSA seizure powers.

Read More
Jun 13, 2024
Featured Insight

Warning For Businesses: Companies Can be Liable for Tort of Bribery Even if They Did Not Intend to Pay or Receive a Bribe

Businesses with a duty to provide impartial advice must take steps to ensure the payments they make or receive are not later interpreted as bribes.

Read More
Apr 12, 2024
Featured Insight

Two-Year Anniversary of Russia’s Illegal Invasion of Ukraine: New Sanctions Designations and Expansion of Export Prohibitions

To coincide with the two-year anniversary of Russia's invasion of Ukraine, Canada announced new sanctions and financial reporting obligations.

Read More
Feb 28, 2024
Featured Insight

Transformative Change: Your Guide to Canada’s Breathtaking Competition Act Changes

We provide a summary of far-reaching Competition Act amendments proposed in 2023.

Read More
Dec 5, 2023
Featured Insight

Take Two: Canada’s Second Court-Approved Remediation Agreement

Summary of the decision to approve the UEFTI remediation agreement and discussion on approval criteria & procedural requirements for future agreements.

Read More
Jul 4, 2023
Featured Insight

Is the Sun Setting on Perceived DAO “Immunity”?: Ooki DAO Is A Person Under the Commodity Exchange Act

These authors discuss the legal implications of the recent finding that a DAO is a "person" under the Commodity Exchange Act.

Read More
Jun 22, 2023
Featured Insight

Government of Canada Seeks Input on Updating Canada’s Anti-Money Laundering and Terrorist Financing Regime

The Government of Canada has launched public consultations on updating Canada's anti-money laundering and terrorist financing regime.

Read More
Jun 21, 2023
Featured Insight

Proposed Updates to Canada’s Anti-Money Laundering and Terrorist Financing Regime

Finance Canada's proposed changes relating to anti-money laundering and armoured car companies, mortgage lenders, and money service businesses.

Read More
Jun 7, 2023
Featured Insight

Net Benefit Reviews Under the Investment Canada Act – Some Practical Thoughts

Glencore plc’s recent approaches to the shareholders of Teck Resources has once again brought the Investment Canada Act into the spotlight.

Read More
Jun 6, 2023