White Collar Defence, Fraud & Investigations
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.
INSIGHTS (43 Posts)
Deferred Prosecution Agreements: The Continued Use of DPAs in the Antitrust Sphere in the United States
Do Not Go Directly to Jail – Just Yet Anyway: Competition Bureau Confirms its View that Buy-Side Agreements between Competitors are not Criminally Unlawful
SCC Holds Section 12 Charter Protection Against “Cruel or Unusual Treatment or Punishment” Not Applicable to Corporations
Transport Canada driving forward with administrative monetary penalties under the Motor Vehicle Safety Act
Cooperating Witnesses not Confidential Informers – Competition Bureau Updates Immunity and Leniency Programs under the Competition Act
No Family Resemblance: The Court of Appeal Rules on Interpretation of “Security” and Custodial Sentences
COVID-19: “Essential” Information About the Consequences of Continuing to Operate a “Non-Essential Business” in Ontario and Québec
Supreme Court of Canada Opens the Door to Novel International Human Rights Claims: The Uncertain Implications for Canadian Resource Companies
Challenges and Opportunities for Canadian Investors in Brazilian Insolvency Proceedings: Lessons from the IBA’s 2019 Global Restructuring Conference
The Next Wave of US Extraterritorial Sanctions regarding Cuba – Potential Impacts for Canadian Companies
FCPA Declination Letters and Corporate Criminal Liability: What Can Be Learned From the U.S. Approach
In this Great Future, You Can’t Forget Your Past – Update to the Government of Canada’s Integrity Regime Provides Clarity, Includes General Anti-Avoidance Provisions
The Supreme Court Finds that Certain Search and Production Provisions of Anti-Money Laundering and Anti-Terrorist Legislation are Inapplicable to Legal Counsel
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