(Ottawa) RCMP anti-corruption investigators say they are looking into possible shady practices of several Canadian companies operating in parts of Africa, Eastern Europe and South America.
Companies involved in mining, infrastructure, aviation, railways, engineering and technology are subject to suspicion of corruption, such as paying a bribe to obtain a contract, say those responsible for Sensitive and International Investigations (EIND).
“These are all sectors that are at risk,” said Staff Sergeant Stéphanie Rousseau, acting head of the section’s foreign anti-corruption team.
The team is tasked with investigating possible wrongdoing in violation of the Corruption of Foreign Public Officials Act, which allows the RCMP to charge individuals or companies in cases where there is a link. substantial with Canada.
Mme Rousseau says he is optimistic that Canadian companies are increasingly aware of the consequences of illegal behavior abroad.
“And we are making it known that this is no way of doing business,” she said in a recent interview, along with other members of the team.
The RCMP has another important message for Canadian businesses: Let us know if you detect possible wrongdoing in your operations.
Businesses now have an added incentive to do so, according to the RCMP.
Federal legislation passed in 2018 gave prosecutors a tool, known as redress agreements, to deal with a range of economic crimes committed by companies. The idea is to hold organizations accountable for wrongdoing while avoiding some of the consequences of a criminal conviction for employees, shareholders and others who have nothing to be ashamed of.
The company should accept responsibility for the wrongdoing, pay a financial penalty, put in place compliance measures to prevent recurrence, and make reparations to victims.
A judge will also need to be satisfied that the agreement is in the public interest and that the terms are just, reasonable and proportionate. If the judge approved the deal, the criminal prosecution would be suspended.
The SNC-Lavalin file in 2019
The reparation agreements, also known as deferred prosecution agreements, became a big news in 2019 after Montreal-based engineering firm SNC-Lavalin lobbied for such an agreement amid accusations of bribery and corruption. Libya-related business fraud – sparking political storm in Ottawa.
Still, the prospect of avoiding prosecution has prompted some Canadian companies to come forward, according to the RCMP, although the police force does not provide figures.
With the arrival of the remedies regime in 2018, we have seen companies start to voluntarily disclose practices, and we see them every year. So we want to encourage that.
Stéphanie Rousseau, sergeant-chief
Before the arrival of this law, there was no advantage for companies to contact the police when questionable activity was brought to the attention of managers, said RCMP sergeant Matthieu Boulanger, investigator. anti Corruption.
” And [elles] Rather, they were like, “Well, we’re going to sit on it and if it’s not reported, it’s not investigated, then, you know, it’s one less thing to deal with. “”
Now, Boulanger said, a company could tell the RCMP about a shady email affecting their operations or that an officer overseas suddenly receives higher commissions for no legitimate reason.
“Sometimes, after the investigation is over, we might go back to the company and say, ‘We don’t see any foul play here. So thank you for pointing out and keep on track, ”” he argued.
Other times, there might be more elements behind the allegations. Ultimately, it would be up to prosecutors to decide whether a remedy agreement is warranted.
Self-reporting can help businesses that get caught up in wrongdoing overseas, but it can also make life easier for the RCMP, as overseas corruption investigations can be complex and time-consuming.
“These are complex cases,” said Boulanger. So for us, it’s not uncommon to investigate a particular case for three years. ”
In some parts of the world, RCMP officials have difficulty obtaining the necessary documentation from foreign agents, or there could ultimately be an overwhelming volume of information to review.
“We are talking about terabytes of data that we have to go through to analyze and select what is relevant,” said Mme Rousseau. It can be a little frustrating at times, but necessary. ”