Financial Crimes and Corporate Compliance (LAW325H1F)

Recent high profile cases in the areas of fraud, insider trading , competition law, and foreign corruption have reinforced the importance of corporate compliance.
This course examines the ways in which criminal and regulatory law prevents harm in the conduct of commercial affairs. Part I explores the relationship between risk management, corporate governance, and legislative rules or principles in financial sectors. Organizational liability for financial crimes covers the history of Bill C-45 amending the party provisions of the Criminal Code, and a discussion of the purpose of corporate criminal liability as contrasted to individual liability. Part II examines specific topic areas including securities offences, (such as insider trading), competition offences (such as price fixing, misleading advertising), foreign corrupt practices, and the general criminal offence of fraud. The course is designed to allow students to focus on specific areas of interest. Part III concerns the procedure surrounding financial crimes, including Charter issues, , and sentencing principles. Part IV examines a risk management matrix and template for corporate compliance, which is based on a theory of justice that ranks priorities.