Expanding SNC Investigation Illustrates Key Difference Between US And Canadian Foreign Corrupt Practice Legislation

The Globe and Mail recently reported that the RCMP executed a search warrant at the home of a former senior executive of SNC, Sami Bebawi. Mr. Bebawi was the former SNC executive in charge of construction projects for the company in the MENA region (Middle East and North Africa) between 1998-2006. Presumably, this means that the RCMP are investigating activities which occurred over six years ago, if not longer.

Under American law, the general statute of limitations holds that any action, suit or proceeding, including an action under the Foreign Corrupt Practices Act, must be commenced within five years from the date that the claim first accrued. In the recent case of Gabelli v SEC (Supreme Court of the United States, No. 11-1274, February 27, 2013), the United States Supreme Court held that unless the government itself is the victim of a fraud, the five year statute of limitations will be strictly enforced. It is in part for this reason that individuals and