Wendy Berman has been quoted in the article "Notice to Neighbours: Canada's DPA Regime," published in the 2019 Lexpert Guide to US/Canada Cross-Border Lawyers in Canada.
Writes Sandra Rubin: "Canada recently adopted a deferred prosecution regime, joining the US in adopting a regime that allows regulators to remediate bad corporate behavior outside of a lengthy court trial situation."
Other countries are also considering adopting similar regimes, Wendy says this is because they "provide enforcement with a way to clean up companies but punish just the law-breakers."
Wendy points out Canada’s regime requires the corporation admit wrongdoing and pay significant financial penalties as well as disgorgement. “If a corporation were tried and convicted, you would probably remain somewhere around the same amount in terms of financial penalty. “I feel like a lot of people ignore that. They think the company’s going to get away with it, no one’s going to be held accountable. I can’t understand that, that somehow a corporation’s buying its way out of responsibility. They start by admitting responsibility."
“And any company that signs a DPA it will have a lot of conditions on it for improvement: enhanced compliance regimes, a monitor – which can be very costly – and a duty to report on the implementation of the conditions to the court.” If the company violates any of the terms, the criminal prosecution will proceed.