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About Mark

Mark is the National Practice Group Leader of the Blakes Business Crimes, Investigations & Compliance group. He is widely regarded as one of the leading white-collar and investigations lawyers in Canada with a particularly strong anti-corruption practice. His practice focuses on white-collar crime defence, anti-corruption compliance and internal investigations.

Mark regularly advises large corporate clients on compliance with criminal and regulatory legislation and has defended clients on charges under a wide variety of criminal and regulatory statutes, including criminal, anti-corruption, competition, securities, environmental, and occupational health and safety.

A significant component of Mark's practice involves conducting independent investigations on sophisticated white-collar and anti-corruption matters. He also advises clients in responding to regulatory and criminal search warrants and investigations.

Mark regularly advises Canadian and multinational corporate clients on compliance with domestic and international anti-corruption legislation (including the Corruption of Foreign Public Officials Act (CFPOA)) and has conducted internal investigations and risk assessments on five continents for numerous multinational companies. He also assists clients with CFPOA/Foreign Corrupt Practices Act (FCPA) due diligence during mergers and acquisitions.

Mark has played a key role on both of Canada's most significant CFPOA enforcement cases to date. He served as independent counsel to the board of directors through the internal investigation of Canada's largest CFPOA case to date. Mark was also appointed as the independent compliance monitor for SNC-Lavalin pursuant to the probation order imposed by the Quebec Court as part of its sentencing on charges of fraud in Libya. More recently, Mark was designated in Canada's first remediation agreement as independent compliance monitor in a separate monitorship of SNC-Lavilin.

On a pro bono basis, Mark has provided training to prosecutors and enforcement officials in Zimbabwe and expert testimony to the Canadian Senate during hearings to consider Canada's new remediation agreement legislation.

Mark has also served on the Independent Investigations Advisory Board for one of the world's largest mining companies, providing direction and oversight over all worldwide internal investigations.

Mark was appointed King's Counsel in 2022.

Select Experience

Anti-Corruption

  • Appointed as independent compliance monitor for SNC-Lavalin pursuant to the probation order imposed by the Quebec Court as part of its sentencing on charges of fraud in Libya

  • Designated as independent compliance monitor in Canada's first remediation agreement in a subsequent monitorship of SNC-Lavalin

  • Acted as counsel to the board of directors during the investigation and resolution of Canada's largest CFPOA case to date

  • Conducted international anticorruption investigations for a number of multinational clients in relation to allegations of improper payments to government officials in South America, Central America, Africa, Asia and Eastern Europe

White-Collar Crime

  • Successfully obtained numerous acquittals, including defence of a large U.S. company, and its Canadian subsidiary, against a number of Criminal Code charges alleging bribery of public officials

  • Responded to a number of search and seizures, including successfully defending a Canadian corporation and its principal against a 50-count indictment alleging a cross-border conspiracy to smuggle goods into Canada

Internal Investigations

  • Undertook a large number of sophisticated internal investigation mandates on a variety of issues, including insider trading and tipping, conflicts of interest, harassment and bullying, fraud, price-fixing, occupational health and safety, environmental spills, sanctions, and a wide assortment of other white-collar or regulatory issues

Compliance

  • Provided compliance advice to well over 100 Canadian and multinational companies, including considerable experience in designing, assessing and testing compliance programs

  • Designed and conducted sophisticated risk assessments that he has carried out on five continents

  • Led comprehensive anti-corruption due diligence for a large number of multinational companies on some of Canada's largest international transactions

Competition

  • Successfully resolved numerous Competition Bureau bid-rigging, price-fixing and misleading advertising cases, including responding to a search warrant and defending the Canadian subsidiary of a large U.S. energy trader against a Competition Bureau investigation into allegations of bid-rigging

  • Conducted a complex multi-jurisdictional investigation of bid-rigging and conspiracy allegations for a large U.S. and Canadian issuer

Occupational Health and Safety

  • Defended numerous clients faced with investigations and prosecutions arising from fatalities and serious workplace injuries

Securities Litigation

  • Defended numerous clients in responding to Alberta Securities Commission investigations, and in defending Securities Act charges, including complex fraud allegations

Commercial Litigation

  • Acted as counsel for a major energy company in a three-month trial of a complex pipeline construction dispute

Class Actions

  • Defended financial institutions named in a C$110-million claim arising from a Ponzi scheme, as well as a number of product liability class actions

Awards & Recognition

Mark is nominated as White Collar Crime Lawyer of the Year in the Benchmark Canada Awards 2022. He is also recognized as a leading Canadian lawyer in the most recent editions of the following publications:

  • Chambers Canada: Canada's Leading Lawyers for Business – 2022–2024 (White-Collar Crime & Government Investigations – Band 1)

  • Who's Who Legal: Global 2023 (Business Crime Defence – Corporates; Business Crime Defence – Individuals; Investigations)

  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys 2023 (Litigation Star)

  • The Best Lawyers in Canada 2023 – Lawyer of the Year (Mining Law)

  • The Best Lawyers in Canada 2023 (Criminal Defence, Mining Law, Product Liabililty Law)

  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys – 2022 Edition (White Collar Crime)

  • The Legal 500 Canada 2022 (International Trade)

  • The Best Lawyers in Canada – 2021–2022 (Criminal Defence)

  • Who's Who Legal: Canada – 2021–2022 (Business Crime Defence and Investigations)

  • Who's Who Legal: Global 2022 (Business Crime Defence – Corporates; Investigations)

  • Who's Who Legal: Thought Leaders 2022 (GIR – Investigations)

  • Who's Who Legal: Global 2021 (Business Crime Defence – Corporates; Business Crime Defence – Individuals; Investigations)

  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys – 2021 Edition (White Collar Crime)

  • Chambers Canada: Canada's Leading Lawyers for Business – 2019–2021 (White-Collar Crime & Government Investigations: Canada – Band 2)

  • Who's Who Legal: Business Crime Defence 2020 (Corporate, Individuals)

  • Who's Who Legal: Thought Leaders – GIR 2020 (Investigations)

  • Thomson Reuters Stand-out Lawyers 2020 – Independently Rated Lawyers (As nominated by senior in-house counsel)

  • Legal Media Group's Guide to the World's Leading White Collar Crime Lawyers

  • Who's Who Legal: Business Crime Defence 2019

  • Who's Who Legal: Thought Leaders – GIR 2019 (Investigations)

  • Who's Who Legal: Investigations (Most Highly Regarded)

  • Who's Who Legal: Canada (Business Crime Defence and Investigations – Most Highly Regarded)

  • Who's Who Legal: Business Crime Defence (Corporate)

  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys (Litigation Star – White Collar Crime)

  • Global Investigations Review's GIR 100

Professional Activities

Mark is a member of the International Association of Independent Corporate Monitors.

Mark is a past director of Transparency International (Canada).

Mark is a past president of the Calgary Bar Association and served on the board of directors of the Alberta Lawyers Assistance Society.

Publications
  • Co-author : Canada Sees Its Second-Ever Remediation Agreement
    Blakes Bulletin on Business Crimes, Investigations & Compliance, June 12, 2023.
  • Co-author : Looking Past the Monetary Penalties: Other Consequences of Bribery Allegations
    International Mining and Energy Law, Development and Investment, International Bar Association and The Foundation For Natural Resources and Energy Law, Mexico City, Mexico, April 19-21, 2023.
  • Co-author : Ontario Superior Court Provides Key Guidance About the Corruption of Foreign Public Officials Act
    Blakes Bulletin on Business Crimes, Investigations & Compliance, March 21, 2023.
  • Co-author : Canada Chapter, The Anti-Bribery and Anti-Corruption Review
    The Law Reviews, 11th Edition, November 22, 2022.
  • Co-author : Putting the ABC in ESG: The Role of Anti-Bribery Compliance Programs in Enhancing ESG Commitments
    The Alberta Law Review, Vol. 60, Issue 2, December 9, 2022.
  • Co-author : Financial Crime in Canada: Overview
    Country Q&A, Practical Law, January 2022.
  • Co-author : Financial Crime in Canada: Overview
    Country Q&A, Practical Law, Thomson Reuters, January 2020.
  • Co-author : Canada Chapter, The Anti-Bribery and Anti-Corruption Review – 10th Edition
    The Law Reviews, December 10, 2021.
Professional Appearances
  • Co-speaker : Anti-Bribery Compliance and Its Impact on ESG Reporting
    Episode 27, Blakes Sound Business Podcast, May 1, 2023.
  • Co-speaker : Consequences of FCPA Prosecution: Beyond Monetary Fines and Settlement Costs
    International Mining and Energy Law, Development and Investment, International Bar Association and The Foundation For Natural Resources and Energy Law, Mexico City, Mexico, April 19-21, 2023.
  • Presenter : Understanding Canada's Remediation Agreement Regime
    Beyond Compliance: Navigating the Risks and Challenges, Corporate Ethics Management Council, The Conference Board of Canada (Webinar), March 23, 2023.
  • Panellist : Crush Your Next Investigation: Keys to Objective, Timely and Effective Internal Investigations
    ACC Alberta and Blakes Business Class, Calgary, Alberta, March 6, 2023.
  • Presenter : Proactive Approaches to Bribery and Corruption Risks in the Natural Resources Sectors of Higher-Risk Jurisdictions
    68th Annual Natural Resources and Energy Law Institute, The Foundation for Natural Resources and Energy Law (formerly Annual Rocky Mountain Mineral Law Institute), Vail, Colorado, July 21-23, 2022.
  • Presenter : Putting the ABC in ESG: The Role of Anti-Bribery Compliance Programs in Enhancing ESG Commitments
    61st Annual Jasper Research Seminar, Canadian Energy Law Foundation, Jasper, Alberta, June 15-18, 2022.
  • Panellist : From Incident to Informed Decision Making: Managing Internal Investigations
    ACC Alberta and Blakes Business Class, Calgary, Alberta, May 24, 2022.
  • Speaker : Current Considerations for Initiating and Managing Internal Investigations
    Webinar, ACC Alberta and Blakes Business Class, May 13, 2021.
Media Activities
  • Guest Speaker : Canada and the OECD Anti-Bribery Convention
    TRACE Podcast: Bribe, Swindle or Steal, February 2, 2022.
Education

Admitted to the Alberta Bar – 1996
LLB, Queen's University – 1995
BA, Queen's University – 1992

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