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ARTICLE · 27 NOVEMBER 2021

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Confession, Cooperation, And Compliance: Mitigating Consequences Of Alleged Bribery And Corruption Through Self-Reporting

McMillan LLP
McMillan LLP
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McMillan LLP

McMillan LLP

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The RCMP recently announced a rising trend of companies self-reporting potential acts of bribery and corruption.

CanadaCriminal Law

The RCMP recently announced a rising trend of companies self-reporting potential acts of bribery and corruption. This trend was sparked by Canada's 2018 adoption of remediation agreements, a deferred prosecution agreement regime under Canada's Criminal Code. As quickly as a few days after the new regime took effect, the RCMP received a confession of corporate crime leading to the opening of an investigation file. This trend has since continued as parties offer their cooperation to authorities with an aim of promoting out-of-court settlement. Remediation agreements encourage cooperation from companies to address alleged corporate malfeasance using pre-trial alternatives such as acknowledging conduct, paying a penalty, and adopting prescribed conditions to avoid criminal prosecution.

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The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

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