Canada's First Foreign Bribery Conviction Shows Trend In Increased Enforcement

On August 15, 2013, the Ontario Superior Court found Canadian national Nazir Karigar guilty of conspiring to offer a bribe to Indian government officials under the Corruption of Foreign Public Officials Act ("CFPOA"). The CFPOA makes it an offense to directly or indirectly give or offer a loan, reward, advantage or benefit of any kind to a foreign public official in order to obtain or retain an advantage in the course of business.

The trial marks many firsts: it is the first trial brought under the CFPOA since it came into force in 1999; it is the first conviction of an individual under the CFPOA; and it is the first action brought under the CFPOA where there was no evidence or admission that the corrupt payments were actually made. The Court's opinion was issued soon after new amendments to the CFPOA went into effect earlier this summer to broaden the statute's reach. With at least two upcoming trials and close to 40 active investigations, Canada appears to be