CFPOA Case Study

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Any client operating within Canada and any other international markets needs to be well-informed of the anti-corruption legislation, and of the CFPOA in particular. Offenses of this act can be punishable to jail time and fines, which is up to the discretion of the court. Along with criminal penalties, companies or corporations who are in violation of the CFPOA may be disqualified from federal government contracts in Canada, and from foreign government contracts financed by international organizations (Eljarrat). Further explanation of federal sentencing guidelines and penalties based on particular recent cases will be provided below.

Current Cases Since the enactment of the CFPOA in 1999, there was very little enforcement of the act for the first decade of its existence (Matsoukas). Because this caused problems to arise, amendments were made to the CFPOA in 2013. So the client can be fully aware of all recent amendments and changes, this document will examine several recent cases that brought about this legislative change.

Niko Resources Ltd.
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Niko does not produce any oil and gas in Canada but conducts business operations in other countries through subsidiaries. In 2005, Niko Resources had offered a bribe to a Bangladeshi government minister in the form of a luxury car (Morgan). The bribes were a reaction to a health, safety, and environmental disaster. A gas well exploded in Niko’s natural gas field in Bangladesh. Along with the bribe of the luxury car, payment of a trip to New York, Chicago, and Canada was included

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