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Corporate Criminality: Striking the balance between punishment, deterrence and individual accountability

Dear TI Canada Group:

Transparency International Canada and the Ethics Centre are pleased to bring you a Lunch Event entitled Corporate Criminality: Striking the balance between punishment, deterrence and individual accountability featuring our very own Board Member, Milos Barutciski as one of the speakers.

Details of the event and registration information via the EthicsCentre can be found below.

Cost

TI Canada Members: $45

Non-Member: $55

Students: $20

Date: April 27, 2016

Location: Albany Club, 91 King Street East

 

LUNCH EVENT - April 27, 201612 noon until 2pmThe Albany Club, 91 King Street East, Toronto Event co-sponsored by: Transparency International Canada Inc. Corporate Criminality: Striking the balance between punishment, deterrence and individual accountability Corruption and bribery, price-fixing, systemic financial manipulation, toxic spills and more. Corporate misconduct has tragic and far-reaching consequences for individual victims and society at large. Fines for corporate misconduct have reached astronomic levels unthinkable a handful of years ago, yet individual managers and directors are rarely held accountable. Has the criminal justice system struck the right balance between punishment, deterrence and individual accountability? Building the prosecution’s case can require painstaking and time-consuming collection and review of evidence, including millions of emails, forensic accounting analysis and countless witness interviews. All the while the corporation suffers under a media cloud of unproven allegations and “guilt until proven innocent” in the court of public opinion. The reputational harm and commercial impact of being under investigation can often far outweigh the cost of even extravagant fines. While large fines may provide a measure of “justice” as retribution for serious corporate criminality, their ultimate cost is born by the company’s shareholders, employees and suppliers. Almost all are innocent of any wrongdoing. The absence of significant consequences for boards and management under whose watch misconduct occurred can result in a misalignment of incentives and inadequate deterrence. Our panelists will explore the dynamics at play in complex corporate investigations and possible alternative approaches that might strike a better balance between punishment, deterrence and individual accountability of directors and managers. Milos Barutciski has represented Canadian and international companies, including Fortune 500 companies and corporations listed on the TSX, NYSE, NASDAQ, European and Asian exchanges, in anti-corruption, price-fixing, export control, economic sanctions and other regulatory investigations and compliance matters on five continents, including investigations by the RCMP, the U.S. DOJ and SEC, and the World Bank. He is a founding member of the Business and Industry Advisory Committee to the OECD Task Force on Bribery and was consulted by the Government of Canada in the drafting of the Corruption of Foreign Public Officials Act. Mr. Barutciski was also retained by the World Bank to advise on regulatory reform in Africa and the Middle East. He is a member of the Bars of Ontario and Quebec. Jay Naster is a litigator specializing in white-collar criminal and regulatory litigation and investigations. He served as crown counsel with the Crown Law Office – Criminal (Ministry of the Attorney General) until 1997, where his practice focused on the conduct of corporate, securities and tax fraud prosecutions as against both corporations and individuals. As special counsel with the Ontario Securities Commission 1997 to 2004 he focused exclusively on the conduct of quasi-criminal and regulatory prosecutions under the Securities Act as against corporations and individuals. Since entering private practice in 2005 he acts for individuals and corporations facing criminal and regulatory investigations and allegations under the Criminal Code, Securities Act, Competition Act, and the Corruption of Foreign Public Officials Act. Ethics Centre member rate will apply to TI-Canada Members. REGISTRATION INFORMATION

Register on the Centre’s web site at www.ethicscentre.ca or contact the Centre by phone: (416) 368-7525 or e-mail:lmarsh@ethicscentre.ca, noting any special dietary requirements. Lunch Events:Cost: Members – $45.00; Non-Members – $55.00Tables of 8 Purchased by Members – $315.00Tables of 8 Purchased by Non Members - $385.00University/College Students – $20.00 or Student Table of 8 - $120.00 Cancellations must be received two days prior to the event failing which you will be charged. Payment by VISA/AMEX or cheque must be received prior to the event. Please make cheques payable to EthicsCentre CA and send to: 1 Yonge Street, Suite 1801, Toronto, ON, M5E 1W7.