Annex 1: Economic Crime Case Summaries

The following are case summaries of some ongoing prosecutions involving economic crime.

Corruption of Foreign Public Officials Act

R v Barra and Govindia

Robert Barra, a United States citizen, and Shailesh Govindia, a United Kingdom citizen, were convicted in superior court on January 11, 2019 for agreeing to pay a bribe to public officials in India in order to secure a contract for Cryptometrics Canada which was, at the time, an Ottawa software company operated by Mr. Barra. The case marks the second time individuals have been convicted under the Corruption of Foreign Public Officials Act. Barra and Govindia are scheduled to be sentenced, in Ottawa, on March 7, 2019. A third accused, Dario Berini, who is also an American citizen, is charged in relation to the same events and his trial is expected to commence later in 2019.

SNC Lavalin

SNC Lavalin and two of its subsidiaries are currently each charged with bribery pursuant to paragraph 3(1)(b) of the Corruption of Foreign Public Officials Act and fraud pursuant to paragraph 380(1)(a) of the Criminal Code. It is alleged that between 2001 and 2011, SNC Lavalin, through the actions of several of its senior officers, committed bribery and fraud offences in the course of obtaining infrastructure-related contracts in Libya.

A preliminary inquiry commenced on October 29, 2018, and is currently adjourned until February 15, 2019, at which time arguments relating to the committal of the company for trial will be heard. A decision on committal is expected by March 2019.

Special Economic Measures Act

R v Kalai

Nader Mohamad Kalai, a resident of Halifax, Nova Scotia, is charged with various offences under the Special Economic Measures Act (SEMA) in relation various financial dealings with individuals and property in Syria during a period spanning from 2011 to 2014.

SEMA is a general federal law that allows Canada, independent of a United Nations resolution, to impose economic sanctions on another nation.  There is a regulation for each such nation with sanctions varying by nation, e.g. prohibiting any form of export or import of goods to or from North Korea, arms embargos against Zimbabwe and Burma, and certain nuclear technology embargoes against these and other countries. 

Syria was identified for sanctions in May 2011 as a result of the Syrian government’s crackdown on protestors earlier that year, resulting in many deaths, mass imprisonment and an exodus of refugees.  The sanctions address a notorious international crisis caused by the present Syrian regime. 

The sanctions imposed under SEMA with respect to Syria include prohibitions against dealing with listed members of the Syrian regime and their associates, as well as more general prohibitions against certain activities such as importing oil. 

A preliminary inquiry commenced on January 9, 2019 with arguments on committal scheduled for February 8, 2019.