Mr. Arapakota was alleged to have bribed a Botswanan public official to obtain a business advantage as consideration for an act or omission by the official, in violation of Canada’s Corruption of Foreign Public Officials Act (“CFPOA”). In a major victory for Mr. Arapakota, represented by Patrick McCann and Nabila Abdul Malik, the Ontario Superior Court of Justice found him not guilty.
This is the first time that a defendant charged under the CFPOA has been successfully defended and acquitted by a Court. The case provides critical guidance on the interpretation and application of the offences under the CFPOA. It also highlights the increasing risk of anti-bribery and corruption prosecutions under the CFPOA.
It therefore remains critically important that companies implement a strong anti-bribery and corruption compliance program, formulated based on a clear understanding of the CFPOA and the applicable laws, for the board, company officers, employees and representatives to follow closely.
To discuss the best ways to formulate and implement a strong compliance program, limit foreign bribery risk or navigate a bribery investigation, please contact Patrick McCann and Nabila Abdul Malik.
Jurisdiction
- Ontario
