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White-collar crimes

Business Court of Quebec Quebec White-collar crimes

Montreal man ordered to pay largest fine ever issued for Quebec securities offences

A Montreal man was fined $11.2 million, the largest fine ever issued in Quebec for securities offences, and sentenced to a three-month jail sentence for fraudulent penny stock practices commonly referred to as “pump and dump” scheme.

Jean-François Amyot is among one of five people and two companies that plead guilty to charges laid against them by the Quebec financial watchdog, Autorité des marchés financiers, nearly three years ago during a trial earlier this year.…

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Financial services White-collar crimes

Desjardins Financial Security Services fined $200,000 by regulator

Desjardins Financial Security Services Inc. has been fined $200,000 and costs of $25,000 following a settlement agreement reached with the Mutual Fund Dealers Association of Canada over its failure to conduct a reasonable supervisory investigation on one of its former representatives who misappropriated $3.7 million from several clients.…

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Crime Quebec Quebec Superior Court White-collar crimes

A third guilty plea in residential construction bid‑rigging scheme in Montreal

More than a decade after a tip led the Competition Bureau to conduct an investigation on eight Montreal-area companies suspected of rigging bids for private sector contracts, a Quebec numbered company specializing in the installation of ventilation systems was fined $140,000 fine after it plead guilty to one count of bid-rigging.…

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Quebec Quebec Superior Court White-collar crimes

The charity, the businessman and the Montreal law firm that won

In a case that draws some light into a murky financial world, a charity and a businessman who sued a Montreal law firm caught in a tangled web of lawsuits after a former partner allegedly orchestrated a multi-million Ponzi scheme lost their case after Quebec Superior Court held that the lawsuits were groundless.

The law firm, Kaufman Laramée LLP, faces several lawsuits stemming from a multi-million dollar fraud allegedly committed by Dany Perras, a Montreal lawyer who abruptly resigned from the roll in October 2011 after the Quebec legal society launched an investigation into the misappropriation of funds. Perras, who briefly practiced at Kaufman Laramée for six months in 2011, was barred from practicing for 10 years by the Quebec Bar in 2014. He was also ordered by the Barreau du Québec’s Disciplinary Council to return more than $3 million to clients. Perras has never been criminally charged.…

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Business Canada White-collar crimes

Auto parts maker fined $13.4 million for bid-rigging offenses

In the second-largest fine ever ordered by a court in Canada for bid-rigging offenses, the Ontario Superior Court of Justice fined Mitsubishi Electric Corp. $13.4 million after it plead guilty to three counts of bid-rigging for participating in an international conspiracy, capping a fine week by the Competition Bureau.

Bureau investigations involving car parts have resulted in over $84 million in fines imposed by the courts in Canada since April 2013. The largest fine to date under the bureau’s campaign was $30 million levied in 2013 on Yazaki Corp. for rigging bids on wire harnesses for Honda and Toyota. All told, ten car parts manufacturers have been fined.…

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Financial services Quebec White-collar crimes

Nearly $8.8 million in monetary sanctions imposed in 2016 for Quebec securities offenses

When Judge Réna Émond of the Court of Québec imposed just before the Christmas holidays fines totaling $120,000 on Danny Gagné and ISpeedzone Inc. for illegal practice as a securities dealer, it wrapped up a good year for Quebec’s financial watchdog.

Nearly $8.8 million in fines and administrative penalties were imposed on 158 individuals and firms in 2016 for various offences under laws administered by the Autorité des marchés financiers (AMF), according to the latest enforcement report by the regulator. …

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Business Corporate law Legal Practice Management White-collar crimes

U.S. authorities target individuals for corporation wrongdoings

Internal investigations are likely going to be more costly and more difficult to conduct for Canadian companies with operations in the United States following a change of policy by the U.S. Department of Justice that will now prioritize the prosecution of individual employees for civil and criminal corporate wrongdoing, according to anti-corruption and white collar criminal defence lawyers.

The new policy is widely expected to compel companies being investigated by the DOJ for civil and criminal transgressions to undertake more timely, independent, thorough and well-documented internal investigations that will almost certainly drive a wedge between the organization and its senior executives and employees whose interests may be at odds with one another, added the legal experts.…

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Internet Legal Practice Management White-collar crimes

Minimizing data breaches

Law firms have often been described as the “soft underbelly” of cyber security or the “path of least resistance to steal sensitive client information,” as one Canadian forensic expert put it. Down south, the U.S. Federal Bureau of Investigation went so far as to warn law firms that they are not doing enough to guard against cybercrime.

Here, the situation is more of the same. “A lot of people in the legal community are coming around to cyber risk but there definitely needs to be increased awareness regarding cyber threats that law offices face,” says Kevvie Fowler, a partner and one of Canada’s leading forensic experts with KPMG LLP (Canada).…

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Legal Practice Management Weekend reads White-collar crimes

Information Governance: Taming a world of chaos

Thanks to the alarming surge of breaches and the inconceivable reams of data, clients are increasingly putting pressure – and in many cases demanding – higher standards on how outside counsel secure their data and manage access to it. A growing number of law firms determined to keep pace with the new challenges created by mounting security requirements and the data deluge are tackling the issues through a different prism, and turning their attention towards becoming shepherds of all the information in their hands by embracing a relatively new approach -- information governance.

Up until recently known generally within narrow technical circles, the enterprise-wide approach to the management and protection of a law firm’s client and business information assets has gained increasing attention, especially over the past year. It is a business process that covers the management of all facets of information during its lifecycle, from its creation, use, processing, protection, management, all the way to its disposition.

But information governance is much more than electronic records management on steroids.…

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