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Corporate Crime and Civil Liability
Author
:
Gordon Kaiser
This text covers all four areas of corporate crime: offences pertaining to competition law, securities regulation, commercial fraud, and bribery and corruption. While most other legal textbooks discuss commercial crime, this book explores crimes committed by the corporation.
Publication Language: English
Published: November 30, 2012
Publisher: LexisNexis Canada
Given the prevalence of corporate crime today, this area of law is no longer within the domain of just specialized litigators, but all corporate lawyers. In this well-researched text, all four areas of corporate crime are covered in one place: offences pertaining to competition law, securities regulation, commercial fraud, and bribery and corruption. While most other law textbooks discuss commercial crime (crimes committed by individuals in business dealings), this book explores crimes committed by the corporation, a subject area that is difficult, if not impossible, to find in Canadian law books.
Book Features
Book Features
- Outlines the governing legislative framework for the various categories of corporate crime.
- Discusses civil liabilities from corporate crimes; the monetary penalties corporations face today for the same offence are greater under civil judgments.
- Explores the interplay between the Canadian legislative framework and that of the key players in the U.K. the U.S., and other countries.
- Explains Canada's new anti-bribery law.
- Contains an extensive listing (or index) of all criminal fines and civil judgments in all four areas of corporate crime.
- Extensive review of the sentencing principles in all four areas of corporate crime.
- Tables at the end of each chapter provide a quantum appendix tabulating recent case law and the damage awards for each of the categories and sub-categories of corporate crime.
- Tables serve as a quick reference for practitioners who wish to find out the amount of damages that each type of corporate crime can render.
- Competition, securities, commercial, and corporate law practitioners – Be aware of the civil and criminal penalties of corporate crime.
- In-house counsel – Advise your board and senior management on the legal boundaries of corporate crime, which may not always be clear.
- Government lawyers and prosecutors – Learn about the criminal sanctions that can result from different categories and sub-categories of corporate crime.
Chapter 1 – Competition Law
1.01 – Introduction
1.02 – Jurisdiction
1.03 – Administration and Enforcement
1.04 – Agreements to Restrict Competition
1.05 – Misleading Advertising and Deceptive Marketing
1.06 – Exemptions
1.07 – Criminal Remedies
1.08 – Civil Liability
1.09 – Tables and Appendices
Appendix A – Private Actions
Appendix B – Conspiracy (Section 45, formerly section 32)
Appendix C – Price Maintenance
Appendix D – Multi-Level Marketing and Pyramid Selling
Appendix E – False and Misleading Advertising and Telemarketing
Appendix F – Bid-Rigging
Appendix G – Administrative Monetary Penalty (AMP)
Chapter 2 – Securities Regulation
2.01 – Introduction
2.02 – Ontario Securities Law Offences
2.03 – Related Criminal Code Offences
2.04 – Investigations - Part IV of the Ontario Securities Act
2.05 – Defences
2.06 – Fines and Sentencing
2.07 – Liability of Directors and Officers
2.08 – Civil Liability
2.09 – Class Actions
2.10 – Tables and Appendices
Table 2.01 – Table of Fines and Sentences for Securities Offences
Table 2.02 – Sample List of Judgments by Offence
Table 2.03 - Table of Administrative Sanctions for Securities Violations (Decisions: January 2005-June 2011)
Table 2.04 - Table of Administrative Sanctions for Securities Violations – Settlement Agreements (January 2005-December 2011)
Chapter 3 – Fraud
3.01 – Introduction
3.02 – Substantive Law
3.03 – Related Offences
3.04 – Investigations
3.05 – Defences
3.06 – Fines and Sentencing
3.07 – Liability of Officers and Directors
3.08 – Civil Fraud
3.09 – Class Actions
3.10 – Tables and Appendices
Table 3.01 - Table of Fines and Sentences for Fraud and Its Related Offences
Table 3.02 - Rate of Total Crimes by Offence
Table 3.03 - Rate of Total Persons Charged by Offence
Table 3.04 - Sample List of Judgments for Fraud and its Related Offences
Appendix 3.01 - Statutory Provisions in the Criminal Code for Fraud and its Related Offences
Appendix 3.02 - Statutory Provisions of the Competition Act for Offences Related to Fraud
Appendix 3.03 - Statutory Provisions of the Income Tax Act for Offences Related to Fraud
Appendix 3.04 - Statutory Provisions of the Bankruptcy and Insolvency Act for Offences Related to Fraud
Chapter 4 – Bribery and Anti-Corruption
4.01 – Introduction
4.02 – The Canadian Legislation
4.03 – The American Legislation
4.04 – The UK Legislation
4.05 – The Major Differences
4.06 – Tables and Appendices
Appendix I:
Table A – United States – Prosecution and Settlements
Table B – United States – Civil Action
Table C – Canada – Prosecutions and Settlements
Appendix II: AIPN 2012 Model International Joint Operating Agreement, Article 20.1, Exhibit G.
Appendix III: Corruption of Foreign Public Officials Act, S.C. 1998, c. 34
