Instructor(s): Kenneth Jull

For graduate students, the course number is LAW3017HF.

Note: The Blackboard program will be used for this course. Students must self-enrol in Blackboard as soon as confirmed in the course in order to obtain course information.

Recent high profile cases in the areas of foreign corruption, fraud, insider trading, and competition law have reinforced the importance of corporate compliance.

This course examines the ways in which criminal, regulatory and administrative law prevent harm in the conduct of commercial affairs.

Part I explores the relationship between risk management, legislative rules or principles, and compliance. Risk management methodologies, such as a mathematical risk matrix are a core concept. The purpose of corporate criminal liability for financial crimes is contrasted with the theory underlying individual liability.

Part II examines specific topic areas including foreign corrupt practices, the general criminal offence of fraud, and securities offences, (such as insider trading).

Part III concerns procedure including dawn raids, search warrants, privilege and conducting internal investigations.

Part IV applies the risk management matrix as a template for corporate compliance, which is based on a theory of justice that ranks priorities. Sentencing and Administrative Monetary Penalties are considered as reflections a failure of risk management.

Evaluation
Will be based on: • Participation in break out groups in each class and general class discussion following break out groups (10%); • Outline for the research paper (1250 words) on a recent topic covered in the news that is relevant to corporate or financial crimes and corporate compliance. The paper should analyze this topic by relating it to the basic concepts covered in the course and textbook, Archibald, Jull and Roach, Regulatory and Corporate Liability: From Due Diligence to Risk Management, due after reading week (20%); and • Research paper (5000 words) which builds upon the submitted outline with specific research on the chosen topic due after the course is completed and in accordance with U of T guidelines (70%).

At a Glance

First Term
Credits
3
Hours
2
Perspective course

Enrolment

Maximum
40

36 JD
4 LLM/SJD/MSL/NDEGS/SJD U

Schedule

M: 8:30 - 10:20