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White Collar Defence and Investigations


Our team is known for the depth of its practice, its expertise in high profile and delicate matters, and its experience in court.
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Overview

From the moment a white collar crime investigation is threatened, you need legal representation. Our global White Collar Defense team understands what’s at stake and knows everything that must be considered legally, from accusation to resolution. An experienced, agile team can make the difference when scenarios change quickly, get complicated and everything is potentially on the line. We have a multi-disciplinary team, proven criminal case experience and extremely sophisticated litigators. This enables us to take on the most complicated cross-jurisdictional and discipline cases globally. Our team includes a certified criminal lawyer, former commissioner of Competition and former chief of staff to the Prime Minister of Canada, former police officer and criminal investigator, and lawyers with acute securities/tax fraud experience.

With extensive experience in key financial and business centres worldwide, our team counsels and defends clients facing the most complex white collar crime issues:

  • multi-jurisdictional criminal/quasi criminal cases
  • anti-corruption cases
  • regulatory/compliance matters
  • fraud cases
  • foreign/domestic corrupt practices
  • procurement/government corruption
  • tax evasion
  • health and safety violations

Litigation and Investigations

Our lawyers/litigators have backgrounds in finance, tax, competition, government, justice, policing and criminal law, bringing unparalleled experience to all aspects of criminal trial procedure. Clients rely on our extensive knowledge of the criminal justice system, charter litigation, the law of evidence, appellate litigation, forensic science, investigative procedures, and prosecutorial conduct and policy. Our experience includes:

  • Representing government officials in national security litigation
  • Acting for public officials involved in police investigations
  • Representing corporate executives facing investigation and charges

Procurement and Government Corruption - Our team leads the industry in procurement and government corruption matters. We a take multi-dimensional approach to solving clients’ problems. We advise on:

  • Ethics investigations – at the highest levels of government and companies
  • Jury trials – a “bet the company” trial, defending charges of bid rigging in technology services

Mining - Our mining industry knowledge and experience allow us to effectively and efficiently navigate the issues raised by parallel criminal investigations and regulatory or civil proceedings, such as in the case of Mount Polley Mining Corporation and Imperial Metals Corporation, in the largest combined federal and provincial investigation into alleged environmental offences in British Columbia history.

See client work below for more information.

International Experience

Our resources in Africa and London provide strong support to our lawyers when representing multi-national corporations in complex, multi-jurisdictional investigations. Pioneering cases include defending Nevsun Resources Ltd. from allegations of human rights abuses in Eritrea (the first case of its kind in Canada) and conducting independent investigations regarding allegations Export Development Canada (EDC) turned a blind eye to improper payments alleged to have been made by SNC Lavalin for the purpose of securing work on the Matala Dam in Angola.

Crisis Management

We respond to client emergencies on short notice and assist our clients with crisis management. Our team understands the intersection of legal and communications challenges companies face when managing white collar matters and ensures reputational risks are properly managed at every stage.

Achievements

Team

Primary Contacts
  • Andrew I. Nathanson, KC, Partner | Co-Leader, White Collar Crime, Vancouver, BC, +1 604 631 4908, anathanson@fasken.com
  • Guy W. Giorno, Partner | Leader, Political Law, Toronto, ON | Ottawa, ON, +1 613 696 6871, ggiorno@fasken.com
  • Andrew D. House, Partner | Co-Leader, National Security, Ottawa, ON | Toronto, ON, +1 613 696 6885, ahouse@fasken.com
  • Alex Kotkas, Partner, Calgary, AB, +1 403 261 5358, akotkas@fasken.com
  • Karen Wyke, Partner, Calgary, AB, +1 403 261 5357, kwyke@fasken.com
  • Nic Roodt, Counsel, Johannesburg, +27 11 586 6020, nroodt@fasken.com
  • Nathalie-Anne Béliveau, Partner, Montréal, QC, +1 514 397 4381, nbeliveau@fasken.com
  • Peter N. Mantas, Partner, Ottawa, ON | London, +1 613 696 6886, pmantas@fasken.com
  • Patrick F.D. McCann, Counsel, Ottawa, ON, +1 613 696 6906, pmccann@fasken.com
  • John Pecman, Senior Business Advisor, Ottawa, ON, +1 613 696 6974, jpecman@fasken.com
  • Christian Trépanier, Partner, Québec, QC, +1 418 640 2011, ctrepanier@fasken.com
  • Jenny P. Mboutsiadis, Partner, Toronto, ON, +1 416 865 4557, jmboutsiadis@fasken.com
  • Gavin Cameron, Partner, Vancouver, BC, +1 604 631 4756, gcameron@fasken.com

Client Work

  • Site C Litigation, [Case - BC Hydro and Power Authority], Advised BC Hydro & Power Authority on a number of challenges to Site C project approvals.
  • Prosecution for criminal negligence causing death arising from a workplace fatality, [Case - Gerald Karjala], Criminal negligence prosecution for workplace fatality.
  • Fraud victim obtains judgment for nearly C$4 million, punitive damages and finding of contempt, [Case - Confidential Client], Complex commercial fraud matter results in judgment of nearly C$4 million, plus C$185,000 in punitive damages and a finding that the fraudster is in contempt of court.
  • Defence of unprecedented federal environmental prosecution for Teck Coal, [Case - Teck Coal Limited], The Federal Crown approved charges under the Fisheries Act, alleging that Teck Coal had deposited or permitted the deposit of a deleterious substance, coal mine waste rock leachate, from two of its mines over a ten year period.
  • Nevsun Resources Ltd. v. Araya (SCC, BCCA), [Case - Nevsun Resources Ltd.]
  • First ever acquittal issued under Canadian anti-bribery and corruption legislation, [Case - Damodar Arapakota], The court has acquitted Damodar Arapakota, the founder and former CEO of Imex Systems Inc., of a charge under the Corruption of Foreign Public Officials Act.
  • R. v. Prince Rupert Port Authority et al, [Case - DP World Prince Rupert Inc.]
  • Significant Fisheries Act Prosecution arising from a large expansion project at the Port of Prince Rupert, [Case - DP World Prince Rupert Inc.]
  • Postmedia Network Inc. v. Attorney general of Canada et. al, [Case - Craig James]

Knowledge

Events

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