Mostrando postagens com marcador Canada corruption. Mostrar todas as postagens
Mostrando postagens com marcador Canada corruption. Mostrar todas as postagens

terça-feira, 5 de fevereiro de 2013

Strengthening Canada’s Fight Against Foreign Bribery

February 5, 2013 from  Foreign Affairs and International Trade Canada

February 5, 2013 Foreign Affairs Minister John Baird today announced that the Harper government is taking further steps to combat corruption and bribery by tabling amendments to the Corruption of Foreign Public Officials Act in the Senate. He delivered the following remarks in Ottawa:

“Our government’s top priority is securing jobs, growth and long-term prosperity. In our international dealings, this takes many forms.

“It involves positioning Canada as a reliable supplier of the resources emerging markets need to grow.

“It involves pursuing an aggressive, pro-trade agenda.

“It involves creating the conditions for Canadian businesses to succeed.

“But our government also expects Canadian business to play by the rules.

“Canadian companies can compete with the best and win fairly.

“To signal our commitment and our expectation that other countries do the same, I am pleased to announce that our government is redoubling our fight against bribery and corruption.

“Today, reforms are being introduced in the Senate that will further deter and prevent Canadian companies from bribing foreign public officials. These amendments will help ensure that Canadian companies continue to act in good faith in the pursuit of freer markets and expanded global trade.

“Canada is a trading nation. Our economy and future prosperity depend upon expanding our trade ties with the world. This, we hope, is a good faith sign that Canada’s good name retains its currency.”

Backgrounder – The Corruption of Foreign Public Officials Act

The Corruption of Foreign Public Officials Act (CFPOA) makes it a criminal offence in Canada for persons or companies to bribe foreign public officials to obtain or retain an advantage in the course of international business. The act was created as a result of Canada’s obligations under the Organization of Economic Co-operation and Development’s (OECD’s) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, which Canada ratified in 1998. The CFPOA is also the implementing legislation for Canada’s anti-corruption obligations under the United Nations Convention against Corruption and Inter-American Convention against Corruption.

In 2008, the Royal Canadian Mounted Police (RCMP) established the International Anti-Corruption Unit, which is dedicated to raising awareness about and enforcing the CFPOA. To date, three companies have been convicted under the act, two cases are pending and there are 35 ongoing investigations under the CFPOA.

The proposed amendments to the act include the following:

  • Nationality jurisdiction: This amendment will make it easier for Canada to prosecute Canadians or Canadian companies for bribery in other countries, insofar as it will allow the Government of Canada to exercise jurisdiction over all persons or companies that have Canadian nationality, regardless of where the alleged bribery has taken place.
  • Eventual elimination of facilitation payments: The act currently states that payments made to expedite or secure the performance by a foreign public official of any act of a routine nature that is part of the foreign public official’s duties or functions do not constitute bribes. This amendment will eliminate the exception for facilitation payments and will come into effect at a later date to be set by Cabinet.
  • Exclusive ability to lay charges: This amendment will provide exclusive authority to the RCMP to lay charges under the act.
  • Clarifying the definition of “business”: This amendment removes the words “for profit” in the definition of business to ensure that the act applies to all business, regardless of whether profit is made.
  • Increasing the maximum penalty: Under the act, the foreign bribery offence is currently punishable by a maximum of five years’ imprisonment and unlimited fines. This amendment will increase the maximum jail term to 14 years.
  • Books and records offence: This amendment adds a new books and records of account offence into the act that is restricted in scope to the bribery of foreign public officials or hiding such bribery. This offence will now be punishable by a maximum of 14 years’ imprisonment and unlimited fines.

To date, there have been three convictions under the CFPOA:

  • Griffiths Energy International Inc. – Griffiths Energy International Inc., based in Calgary, Alberta, pleaded guilty on January 22, 2013, to a charge under the CFPOA related to securing an oil and gas contract in Chad. Griffiths acknowledged having committed to paying $2 million in cash and millions in shares in exchange for exclusive access to resources in two regions. After providing the Chad government with a $40 million signing bonus, Griffiths was awarded the resources rights. Griffiths will pay a total penalty of $10.35 million.
  • Niko Resources Ltd. – Niko Resources Ltd. is a publicly traded company based in Calgary, Alberta. On June 24, 2011, the company entered a guilty plea for one count of bribery. The company admitted that, through its subsidiary Niko Bangladesh, it provided the use of a vehicle (valued at $190,984) in May 2005 to AKM Mosharraf Hossain, then the Bangladeshi State Minister for Energy and Mineral Resources, in order to influence the minister in his dealings with Niko Bangladesh. In June 2005, Niko Resources Ltd. paid travel and accommodation expenses for the same minister to travel from Bangladesh to Calgary to attend the GO EXPO oil and gas exposition, and paid approximately $5,000 for the minister to travel to New York and Chicago to visit his family.
  • As a result of the conviction, Niko Resources Ltd. was fined $9.5 million and placed under a probation order, which puts the company under the court’s supervision for three years to ensure that audits are completed to examine the company’s compliance with the CFPOA. The Canadian Trade Commissioner Service has placed a hold on providing services to Niko during the period of court supervision.
  • Hydro-Kleen Group Inc. – Hydro-Kleen Group Inc., based out of Red Deer, Alberta, entered a guilty plea on January 10, 2005, to one count of bribery and was ordered to pay a fine of $25,000. Along with its president and an employee, the company had been charged with two counts of bribing a U.S. immigration officer who worked at the Calgary International Airport. The charges against the director and the officer of the company were stayed. The U.S. immigration officer pleaded guilty in July 2002 to accepting secret commissions. He received a six-month sentence and was subsequently deported to the United States.

For more information, see the Corruption of Foreign Public Officials Act and Canada’s Fight against Foreign Bribery.

Source: Foreign Affairs and International Trade Canada sugestão de Gabriela Alves Guimarães

Picture source: Google Picture search

terça-feira, 1 de janeiro de 2013

Quebec story of the year: The corruption inquiry


 

In fewer than 12 months, the political landscape in Quebec has transformed, in no small part due to the fallout of testimony the Charbonneau commission and raids by the province's anti-corruption unit.


We asked you what was the top news story in Quebec in 2012, and the majority of you said the province's ongoing investigation into bid-rigging and collusion deserved that top spot.

Notable quotes

"They think it's a bunch of old guys smoking cigars, playing cards in a coffee shop, and that's not the modern-day Mafia."— Mike Amato, York Regional police detective, in testimony before Charbonneau commission.
"The government, taxpayers are paying more when the Mafia is involved in any particular business, if the government or taxpayers have to use that business" — Joseph Pistone, the former FBI agent who infiltrated the New York Mafia.
"I was not an angel. I fixed contracts. I financed political parties. I corrupted bureaucrats. But the system works in such a way that if I wanted to work in Laval, Montreal, or on the north shore for the [Transport] Ministry, I had no choice but to act in that fashion" — Former construction boss, Lino Zambito.
“We’re facing allegations that, even without proof, are altering the reputations of those in whom you have placed your trust ... Regardless of what I do or say, it is clear that the damage has been done"— Gilles Vaillancourt, former Laval mayor, in his resignation speech.
"When I was a young man, my father told me never to get into politics because it was dirty and would destroy me" — Gérald Tremblay, former mayor of Montreal, in his resignation speech.
Three mayors have stepped down from their posts, city employees have been suspended and the commission has shed light on an alleged kick back scheme that inflated contracts, siphoning millions from the public purse.

Among the dozens of documents and videos presented before the commission was tape of construction bosses — who were securing multi-million dollar contracts with the city — meeting with known members of the Montreal Mafia at the café that acted as the Rizzuto clan's social headquarters.

Those portions of the tapes, recorded over a three year period as part of the RCMP-led crack down on the Mafia dubbed Project Colisée, had not previously been made public.

The commission turned unknown construction entrepreneurs, such as Lino Zambito, and otherwise faceless bureaucrats, like Gilles Surprenant, into household names.

Zambito's frank testimony about the alleged workings of bid rigging at city hall shocked even those loosely following the daily drama unfolding on the commission's witness stand.

Surprenant's admissions about taking bribes in exchange for those lucrative contracts exposed the depths of those allegations.

The city engineer told the commission he took as much as $600,000 from colluding construction entrepreneurs for his role in the alleged scheme. He also admitted to taking a Caribbean golf vacation with reputed Montreal Mob boss, Vito Rizzuto.

While he denied all knowledge of the bid-rigging scheme, former Montreal mayor Gerald Tremblay was implicated in testimony by a former party organizer, who said the mayor turned a blind eye to illegal party fundraising.

Tremblay continued to deny any wrongdoing, but stepped down from his post in early November, citing the city's best interest.

Anti-corruption raids
As the commission continued to hear testimony, investigators with the province's anti-corruption unit (UPAC) continued to make arrests and execute search warrants at high-profile locations, including at the home and financial institutions of former Laval mayor, Gilles Vaillancourt.

Former Montreal mayor Gerald Tremblay said in his resignation speech that he was a victim of an unbearable injustice. (Graham Hughes/Canadian Press) Like Tremblay, Vaillancourt eventually stepped down from his post, but maintained that he was not involved in any financial misdeeds.

In total, UPAC executed 450 search warrants and made 49 arrests in 2012. Among those arrested were construction magnate Tony Acurso, charged with fraud and conspiracy, the former mayor of Mascouche, Richard Marcotte, and the former head of Montreal's executive committee, Frank Zampino.

Beyond municipal contracts
UPAC, which focused much of its efforts in 2012 on the workings of municipalities, will turn its attention to the province and beyond in 2013.

Robert Lafrenière, the head of the anti-corruption unit, confirmed that some of UPAC's 22 active investigations extend beyond the borders of Quebec.

"Some stratagems are made in other places, other countries, and exported to us. We're speaking about the Mafia," he said in December.

The Charbonneau commission, whose full report is due in fall 2013, will continue to hear testimony when hearings resume on Jan. 21.

domingo, 30 de dezembro de 2012

Small companies need to pay heed to anti-corruption matters

 by  Jennifer Brown December 31, 2012

RCMP may be targeting big companies now but enforcement is becoming more stringent

It’s still early days when it comes to the enforcement of Canada’s anti-corruption legislation, but some companies may still not be ready should the RCMP come calling, says a senior counsel with Barrick Gold Corp.

“I think what Canadian companies have to come up to speed on is all of the learning and education that comes out of the U.S. prosecutions that are being adopted here in Canada. They should be tapping into that knowledge,” says Jonathan Drimmer, vice president and assistant general counsel at Barrick Gold Corp.
“In the last couple of years, the RCMP has been enforcing in a more serious way and there is no way to reach any other conclusion than they seem to be fairly serious about reaching resolutions,” says Drimmer. “They are on a serious enforcement tract.”
Considered a leading speaker on anti-bribery and corruption in the United States, Drimmer will be speaking at an
anti-corruption and compliance conference being held in Toronto Feb. 20-22. He says while big companies such as SNC Lavalin are in the headlines right now, small to mid-size operations could easily be targets for the RCMP as it seeks to enforce Canada’s Corruption of Foreign Public Officials Act.
“It certainly feels like they’re sending a signal that they’re going to start with an iconic Canadian company and pursue it aggressively,” says Drimmer. “You could certainly see relatively new prosecution entities wanting to make a splash with a case against a big name as a means of establishing themselves and sending a signal. SNC is important because it is an iconic company.”
In Sept. 2011, the RCMP executed a search warrant at SNC’s Oakville, Ont., office. In April 2012, the RCMP charged two Canadians and former SNC employees, Ramesh Shah and Mohammad Ismail, with violating the Corruption of Foreign Public Officials Act.
In November, Quebec’s special anti-corruption squad arrested former CEO Pierre Duhaime. SNC’s former president is accused of fraud, conspiracy, and forgery in relation to the $1.3-billion contract to build McGill University’s new super-hospital.
“But it’s also important for the small and medium-sized companies to understand they can also be a target and they can’t say, ‘We’re not SNC so we’re safe.’ Based on the public disclosures of SNC, it looks like fairly traditional kinds of bribery you see out there,” says Drimmer.
For large multinationals like SNC, he says the day has passed for loose anti-corruption controls.
“The reality is you look at the fact this [SNC] is about situations in Bangladesh, Libya, and Montreal and you think they really must have had seriously lax controls. This isn’t one operating unit, not just one project — this does seem to be more of a global pattern for them. I would be pretty nervous if I was on their board. I like SNC and we work with them, but you look at that span and you wonder about the strength of their systems.”
Drimmer, who is based in Washington, D.C. and Toronto, was a partner at Steptoe & Johnson LLP where he helped run the anti-corruption practice. Barrick was a client before he went to work for the company.
“Somehow they managed to talk me into going in-house,” he says.
He will be leading a session at the second annual Canadian and Global Anti-Corruption Compliance Conference called “Effectively complying with government investigations.” He will discuss the current priorities of anti-corruption units, what to expect with an investigation by the RCMP, and how to respond. Some of the current investigations he will refer to include one involving Calgary-based mining company Blackfire Exploration Ltd. In September, the RCMP raided the office of the Canadian mining company alleging in an affidavit that it funnelled bribes into the personal bank account of a small-town Mexican mayor to ensure protection from anti-mining protesters. The company has not been charged and says it is co-operating with the RCMP investigation.
Drimmer will also address cross-border corruption and bribery investigations through assessing how enforcement is co-ordinated between regulatory bodies in different countries.
“A lot of it has to do with interfacing with government authorities in a multi-jurisdiction investigation and how you deal with the different investigation authorities,” he says.
Barrick has a dedicated anti-corruption compliance program that is consistent with what’s going on in the United States.
“We want a level playing field for what we’re doing and we try and operate honestly and ethically everywhere we are. We are diligent in our compliance efforts and we think everyone else should be too, just to level the playing field,” says Drimmer.
The upside to all the developing anti-corruption legislation and enforcement, Drimmer notes, is when it comes to making acquisitions, partnerships, and joint ventures, the increased regulatory framework means companies can be more confident when others say they’re obeying the law they won’t get into trouble for doing business with them.

quinta-feira, 27 de dezembro de 2012

Montreal’s corruption culture ‘needs to be wiped out,’ whistleblower says

LES PERREAUX MONTREAL — The Globe and Mail Published Thursday, Dec. 27 2012, 8:20 PM EST

790241-canadian-dollar-and-red-envelope-business-conceptThis article is part of Next, The Globe's five-day series examining the people, places, things and ideas that will shape 2013.

A man who helped blow the lid off of years of corruption in Quebec says one major chore remains in 2013 if Montrealers want their city to have a chance at a squeaky-clean slate.

Every single elected official who has been around Montreal city hall for more than a few years must be thrown out of office, according to André Cédilot, a long-time crime writer who first blew the whistle on corruption in the greater Montreal region in the early 1990s. He was also responsible for some of the more recent major scoops that led to the Charbonneau Commission and the establishment of an anti-corruption police unit.

In 2013, Montrealers will have their chance to throw the bums out. A civic election will take place in November, punctuating a year that will see both the Charbonneau Commission and the province’s anti-corruption squad hit full stride while the first kickback prosecutions go to trial. The revelations of 2013 may make 2012 look like a mere preface.

One after another, officials from the now-resigned mayor, Gérald Tremblay, on down have maintained they did not know what was going on among corrupt officials who fixed contracts, signed off on inflated bills and overlooked fraud in return for bribes. The systematic theft went on for years and cost taxpayers in Montreal and across the province hundreds of millions of dollars.

Mr. Cédilot doesn’t buy the denials. The former journalist made his living busting corruption and splaying it across the front page. Just before he retired, he co-authored a definitive book on the mob in Montreal, Mafia Inc., with his partner in crime coverage, André Noël, who retired to become an investigator with the Charbonneau Commission. Mr. Cédilot has known about the rot going back 25 years, and cannot believe any long-time councillor who still haunts city hall could have not noticed it.

“It’s become a culture that needs to be wiped out,” Mr. Cédilot said. “We need an entirely new generation of politicians if we’re really going to change anything. In Laval, too.”

Even since the departure of Mr. Tremblay and the resignation of the mayor of Laval, Gilles Vaillancourt, Mr. Cédilot and other city watchers have noted a remarkable inability to change among civic leaders in and around Montreal.

In Laval, the interim administration is coaching city staff on how to answer questions from investigators in the wake of at least nine raids by police on City Hall and the mayor’s office and home. Montreal’s interim mayor, Michael Applebaum, whose election by city council was noteworthy because he is a rare anglophone in the office, has presided over a city hall that has descended in record time into factionalism, backbiting and halting efforts at transparency.

“Honestly, I’m completely gutted by what I’m seeing, after all we’ve been through,” Mr. Cédilot said. “This is grave corruption, the people are indignant, and they’re still blowing smoke in our eyes.”

For months now, Montrealers have batted around ideas for thwarting corruption, from bureaucratic suggestions such as independent oversight committees to watch municipal official to quixotic legal manoeuvres such as suing mobsters and other fraudsters to try to get the millions back.

Some have suggested abolishing the city’s party system. Rare in Canadian municipal politics, Montreal’s civic parties tend to come and go with mayoral candidates and have more to do with building expensive electoral machines and raising money than joining ideological forces.

Cathy Jackson, a 54-year-old Montreal nurse, said she has become quite cynical about it all and regrets that she and her fellow citizens have failed to get more forcefully involved in how their city is run. Montreal, like many municipalities, has habitually dismal voter turnout.

Even the resignation of the mayor leaves her little hope for change. “It’s a big cleanup we need, and what we get is more smoke and mirrors. I don’t really think anything is going to come out of any of this,” she said. “The leaders have to want to clean up the act here. We’ll see about that. We also need some people to go to jail.”

More than anything, the grassroots has to rise up in the same way the city’s student movement mobilized opposition to tuition hikes and the Charest government, she said. She wishes the student protests had expanded and persisted as a forceful call for change on corruption. “A lot of us are just too busy working and paying taxes,” she said.

Many people underestimate how difficult it will be to loosen the grip of the violent mobsters who are behind much of the exposed rot, Ms. Jackson said. “The reality in the whole mess is that these bad guys are really bad. They do threaten, they do hurt. They know exactly how to do it. They’re thugs with their own set of rules, they’re well entrenched, I’m not sure how a citizen can resist.”

More than anything, Montrealers seem to long for strong and new leadership. Early potential candidates bandied about in the city include the popular and populist federal Liberal Denis Coderre and Gilbert Rozon, the businessman who founded the Just for Laughs comedy festival.

It’s far from clear either man, the former an experienced political operator in the city’s backrooms, the latter an enthusiastic Montreal booster, would ruthlessly wield the heavy shovel required to clean out the mess at Montreal City Hall.

Benoit Gignac, a novelist who worked for former mayor Jean Doré and wrote a biography of his long-serving predecessor, Jean Drapeau, said there is no leader with iron will on the horizon.

“We require a mayor who can strike fear into the hearts of provincial politicians. I don’t see anyone who has the weight to do it, but any new blood will help,” Mr. Gignac said.

Even if there was, there’s no guarantee the new mayor will have his eye on the right priorities, he added.

Mr. Drapeau’s decades in office are a handy lesson. Mr. Drapeau was indeed an imposing character when he began his second term in 1960, but he spent much of his political capital building baubles and trying to make Montreal a player on the international stage. The 1976 Olympics and Expo 67 were on his watch. By the time he left in 1986, the city’s economy and infrastructure were crumbling away.

“By the time Mr. Drapeau’s strategy started falling apart in the 1980s, we had all these sewer lines rotting away beneath all those sparkling [Expo and Olympic] pavilions,” Mr. Gignac said.

If Montreal gets any respite from the corruption spotlight in 2013, it may be because anti-corruption crusaders have broadened their hunt from city hall to other cities and towns and other government spending. The province’s daycare system and the Hydro-Québec and Plan Nord economic development projects are all on the radar. “It’s everywhere in Quebec,” said Robert Lafrenière, head of the anti-corruption squad, in an interview. “We will be looking for new stratagems organized crime is using, including by moving out into other regions, and not just in construction.”

Shared misery makes for scant consolation. But when Mr. Gignac examines the coming years in Montreal, he’s far more optimistic than many city watchers. He said corruption is a cyclical problem of governance in a city where most citizens are getting on with work and taking advantage of the city’s vibrancy.

“For the average citizen, the city is not going so badly. And what problems there are have more to do with economy, infrastructure and transportation,” he said, pointing to major projects to overhaul a freeway and build a new major bridge and new hospitals that are nearly complete.

One of the two major hospital projects, the McGill University Health Centre, is under investigation by the province’s anti-corruption unit. But when complete, the city will still have a shiny new hospital, Mr. Gignac pointed out.

Infrastructure, Mr. Gignac insists, remains a far greater problem in Montreal than corruption. “A series of major public works will take us through 2020, and when we get there we will have an extraordinary city.”

Picture source: Montrealgazetta.com

quarta-feira, 19 de dezembro de 2012

Quebec’s foundation of corruption The inside story of the man at the centre of the storm

Lino Zambito, one of the witnesses at the Charbonneau Commission ion Quebec, at his restaurant in Blasinville, north of Montreal on December 6, 2012.<br />MACLEAN'S PHOTO BY Vincenzo D'AltoLino Zambito is many things, not all of them good. The former contractor, would-be construction magnate and budding restaurateur is currently facing, he estimates, “about 12” fraud, collusion and breach of trust charges for, among other things, his role in an alleged bid-rigging scheme in the Montreal suburb of Boisbriand. In April, he pleaded guilty to a charge of attempting to subvert the outcome of a municipal election in that same community.
Two days after Maclean’s met with him at the strip-mall pizzeria he now runs, Revenu Québec officials raided it in search of some $38,000 in unpaid taxes. And as the owner of the construction company Infrabec, he has, by his own admission, spent much of the last decade participating in a system that bilked taxpayers out of millions of dollars.
Yet it is precisely because of his misdeeds, or at least his willingness to talk about them under oath, that Zambito is something of a folk hero in Quebec these days. Subpoenaed on Sept. 5—one day after the Quebec election—by the commission investigating the province’s notorious construction industry, Zambito testified for eight days, and what came out of the tall, beefy 43-year-old’s mouth shocked a province and arguably brought a premature end to the careers of two big city mayors.
As a contractor in Montreal, Zambito says he participated in bid-rigging schemes involving the Rizzuto Mafia clan that usually culminated with mobsters stuffing wads of cash into their knee-high socks in the ill-lit backroom of a north end coffee shop. He not only kicked up a cut of his profits to those mobsters but also to various municipal and provincial political parties as well.
And when not currying favour with various provincial Liberal ministers, he was hosting their fundraising parties. He also testified he paid bribes to Gilles Vaillancourt, the long-serving mayor of the Montreal suburb of Laval. And he did it, he said, because fixing prices, paying off mobsters and making friends with politicians at various levels of government was the cost of being in the construction business in the province.
“Listen, at the beginning it’s a bit frustrating, but those are the rules,” Zambito says today. “You’re not happy? Pack your bags and go work elsewhere. You have to say, ‘Either I change business or I agree to do whatever I have to do.’ You don’t have many choices.”
He then shrugs his massive shoulders and sips Pizzeria Etcetera’s cappuccino. “The industry is sick. You oblige people to do criminal acts to work. It’s not like one guy in the industry does it. Everybody does it.”
“Everybody does it.” Since the beginning of the hearings into the industry, it might be a sticker slogan plastered on Quebec’s collective rear end—much to the horror of Quebecers themselves. Colloquially known as the Charbonneau commission, after France Charbonneau, the judge chairing it, these hearings have exposed deep, long-standing corruption within the construction industry.
And as titillating as they may be, tales of cash-stuffed envelopes are hardly the biggest problem facing Quebec, as far as corruption is concerned. It goes deeper than that, permeating the levers of political and industrial power in the province. Quebec’s protectionist labour laws, and insistence that all contracts be done in French, has effectively guaranteed an artificially small labour pool, along with limiting the number of construction companies able to bid on contracts.
Critics also say Quebec, through its laws and lack of oversight, has allowed large engineering consulting firms to wield incredible influence over both construction sites and political parties. All of this has contributed to the epic show of corruption and illicit party financing we are witnessing today.
Of the province’s 10 biggest engineering consulting firms, eight have been named during testimony. Four of them have had their offices raided by police in the last six weeks. The former president of SNC-Lavalin, by far the largest engineering firm in the province, was recently indicted on fraud and conspiracy charges. The development followed reports that the company paid $22.5 million to secure a contract to build McGill University’s new hospital, though the claims have not been proven.
Zambito lived through it all, from the grim-faced mobsters lording over Montreal to the virtual one-man government of Gilles Vaillancourt to the parallel, cash-only world of illicit political financing at the behest of these engineering consulting companies.
Today, lounging at one of his pizzeria’s tables, Zambito seems as worried about his safety as he is about those pending charges. That is to say, not very. “Yes, people thought I was going to get shot in the first couple of weeks, I admit,” he says. “But I’m not worried for myself. I did things correctly. I did what I had to do, I got caught, I gave my version of what happened with the goal that things will change in Quebec.”
He has told his story on the record, implicating everyone from mobsters to construction magnates to some of the most powerful political figures in the province. Far from cowering in fear of reprisals, Zambito has embraced his odd celebrity status, if not with gusto then at least with an obvious belief that he has done the right thing by admitting to his many wrongs as publicly as possible.
Zambito’s first construction contract was a long time coming. His father, Giuseppe, owned a construction company in Laval, and Zambito remembers being obsessed as a child with bulldozers, earth movers and other heavy machinery his father kept at his yards in Laval. In 1997, he cut short his law studies at the Université de Sherbrooke to join his father in running Infrabec, which specialized in civil engineering jobs. He began to look for contracts.
It wasn’t easy. “We came to realize that Montreal was a closed market,” Zambito testified in October. “I submitted bids in Laval, and it was closed as well. I submitted bids on the north shore [the suburbs north of Laval] and it was a closed market. We quickly realized that not any company could go work wherever it felt like.”
He ended up bidding on a small contract in Montreal—a “hermetically sealed” market, as he called it. To gain a foothold, he bid purposefully low, and in April 2000 found himself at Montreal’s historic Lantic Sugar refinery, replacing water pipes.
Montreal’s construction industry was insular long before Zambito, or even the Mafia, got involved. Through its labour and language laws, Quebec had both limited the number of companies able to bid on contracts and restricted the workforce putting shovels in the ground.
Quebec’s construction unions have the sole power to place workers on a given work site—a situation unique to the province. The construction union federations, of which FTQ-Construction is the largest, dictate which workers go to what sites. This, critics argue, gives the unions far too much power and allows for favouritism within the industry.
“It means that if you get a contract, you can’t necessarily get the manpower to get the job done,” says former Montreal police chief and anti-corruption squad head Jacques Duchesneau. “I got a lot of emails from anglophones who went through this. Union representatives can make life miserable.”
Language has been a barrier in other ways. In a 2010 report, Duchesneau singles out the fact that all contracts must be in French, for “limiting competition and ensuring higher prices throughout the manufacturing, distribution and contracting chain.”
Finally, there is the issue of the labour movement within Quebec. Simply put, it is difficult for anyone outside of Quebec to work in the province—this despite a housing boom in Montreal and its suburbs and massive development in the province’s north. A 2009 labour mobility agreement between Ontario and Quebec was meant to assuage what both governments saw as a labour shortage in their respective provinces; the easy cross-border flow of labour envisioned has yet to materialize.
“There is a huge labour shortage in Quebec,” says Luc Martin, vice-president of Corporation des entrepreneurs généraux du Québec, which represents the province’s building contractors. “But the unions say we have enough. They say we just have to pay overtime.”
It was into this uniquely fraught climate at the start of the last decade that Zambito began his education in the way business was done.
Former city inspector Luc Leclerc, who admitted in testimony to pocketing kickbacks, remembers paying Zambito a visit not long after he’d broken ground on his first Montreal contract in 2000.
During the meeting, over wine and cigars, Zambito became keenly aware he wasn’t welcome on the island of Montreal when he was informed his “friends” in the industry weren’t happy that he dared bid on contracts they felt were rightfully theirs. Bravado seems to drip from his every pore, though, so if Leclerc’s friendly warning put him off, he didn’t show it. “I’ll face the music when it’s time to face the music,” Zambito said to Leclerc.
Having lowballed his way into an otherwise impenetrable market, Zambito says he suddenly found himself both beholden to and beneficiary of three well-established forces in the Montreal construction industry: corrupt city officials, the Italian Mafia and Union Montréal, the party of Gérald Tremblay, who recently stepped down as mayor of Montreal. The first came in the form of Leclerc, as well as city engineer Gilles Surprenant.
A friendly-looking fellow who sports a goatee and a perpetually bemused look, Surprenant testified that by 2000 he had practically made an art out of inflating the cost of city contracts; he became so good at it that by 2011 an outside auditor found that Montreal typically paid upwards of 30 per cent more for work on its sidewalks, water piping and sewage systems. The auditor dubbed it “L’effet Surprenant”—literally, the surprising effect.
Leclerc, meanwhile, took care of the “fake extras.” As the supervising engineer on many city projects, Leclerc was in charge of overseeing each contract’s “contingency fees,” or payments for unforeseen work—and he worked diligently (and for a fee) to liberate them without any work being done. Zambito, Surprenant and Leclerc all testified that 2.5 per cent of each contract’s value went to organized crime, another of Zambito’s new realities once he entered Montreal’s construction industry.
The distribution centre for this cash-only business was Café Consenza, in a white-bricked strip mall. More church basement and less velvet-draped clubhouse of Mafia lore, Consenza was where Nicolo and Vito Rizzuto and company met to divvy up the cash kicked up to them by the various construction firms. In 2004 the RCMP installed cameras to tape the proceedings in Café Consenza’s two back rooms. The results are a banal but sometimes enthralling narrative of how the Mafia’s cash-harvesting operation works.
For two years, the RCMP cameras recorded images of these 10-minute rituals, in which Nicolo Rizzuto Sr., Rizzuto associate Rocco Sollecito and Nicolo Milioto sort money pulled from a satchel into five piles—a reference, according to Montreal police organized-crime investigator Eric Vecchio, of the five heads of the contract-rigging network. The three in the room would laugh and gesticulate. And then they would take the stacks and tuck them into their socks.
The contractors themselves would often stop by the café to drop off wads of cash—including Zambito, who in one video hovers in a black leather jacket, looking like he could be Jay Leno’s brutish cousin. By that point, around 2004 and 2005, Zambito and nine other companies controlled who did what and at what price to the water, drainage and sewer pipes servicing the 1.8 million people living on the island of Montreal.
Zambito also testified he met Quebec construction magnate Tony Accurso at a Laval restaurant in the early 2000s. The subject of the meeting was a $25-million contract Zambito was looking at, and which Accurso wanted. Vito Rizzuto mediated the disagreement. Zambito backed off the contract following the meeting. (Accurso denied the meeting happened.)
The 61-year-old Accurso looms large over the industry; he and his children, Jimmy and Lisa, control 63 construction and real estate companies in the province, according to an anti-corruption squad analysis. Accurso, who didn’t respond to an interview request, is currently facing multiple fraud, conspiracy, breach of trust and influence peddling charges. By the size of his operations alone, he is indispensable to the industry; according to a 2012 La Presse report, Accurso’s companies receive upwards of 80 per cent of the public sector contracts in the province.
That domination is in large part due to FTQ-Construction, the province’s biggest construction federation.
Accurso was close with Louis Laberge, one of the FTQ’s storied leaders, and the friendship proved fruitful: through Fonds FTQ, its financing and investment arm established in 1983, the FTQ invested heavily in Accurso’s businesses in the early 1980s. It was a mutually beneficial relationship: Accurso’s businesses grew exponentially, while the Fonds FTQ enjoyed a booming return on its investment.
Yet there was an apparent conflict of interest in the relationship between the province’s largest union organization and its largest construction magnate. Because it controls labour placement, the FTQ can favour the companies in which it has invested, if only to see its own rate of return rise. It’s exactly what happened in Accurso’s case, says Duchesneau. “With the FTQ and Accurso, it wasn’t just money, but manpower. The FTQ invested in him, and in order to get their return on investment, they made sure that Accurso got the manpower he needed.” (FTQ spokesperson Patrick McQuilken didn’t return an interview request.)
By 2007, Zambito was cementing other relationships of his own. He regularly met with Nicolo Milioto, an intimidating bald man with big ears and dark eyes, to hand over his 2.5 per cent to the Mafia. Beginning in 2005, Milioto began extracting another three per cent for “the political party of Gérald Tremblay,” Zambito testified that Milioto told him.
Tremblay vociferously denied Zambito’s allegations—“My conscience is at peace,” he said during an ensuing press conference. Yet in the days following Zambito’s testimony the commission heard from former Union Montréal fundraiser Martin Dumont, who testified that he had to help the party’s chief fundraiser Bernard Trépanier, known as “Mr. Three per cent,” close a safe overflowing with cash. There is no evidence the cash was collected illegally, but Tremblay resigned a week later.
Ditto Gilles Vaillancourt, who resigned in early November not long after Zambito said the Laval mayor pressed him into making a $25,000 contribution so Infrabec’s contigency fees would be approved. Vaillancourt was quick to deny this—only to have police raid his safety deposit boxes nine days later.
If Zambito found municipal contracts to be lucrative, they were nothing compared to the potential windfall that could be earned from the provincial government. Starting at around the same time of his first municipal job in 2000, he bid on his first contract with Transports Québec, and was working regularly with the transport ministry by 2007, when Jean Charest’s government launched a five-year, $16-billion plan to revamp the province’s roadwork.
By then Zambito was also working with some of Canada’s most powerful engineering consulting firms and raising money for the Parti Québécois and the now-defunct ADQ. The lion’s share of his fundraising efforts, though, were for the Quebec Liberal party. It was in this line of work, Zambito figured out, where the real hustle was.
Zambito’s entrance into provincial government contracts meant spending a significant amount of time raising money for political parties at the behest of various large engineering consulting firms. “It became redundant. One week we were seen at Liberal functions; the week after it was the ADQ; two weeks later it was the Parti Québécois. It was always the same business people who would attend,” Zambito testified in October.
These firms constantly asked Zambito for $3,000 cheques—the maximum political donation per person, according to Quebec electoral law. The firms, he said, would pay him back by granting “false extras” on the contracts he received from them. Zambito wrote cheques in the name of his employees and his parents. Even his wife—who was “beyond apolitical,” Zambito says—became a loyal donor to the Quebec Liberal party.
As with corporate donations, the practice of “prête-noms,” or writing a cheque to a political party in someone else’s name, is forbidden under Quebec electoral law. Yet witnesses appearing at the commission, Zambito included, have named eight of the 10 largest génie-conseil firms in connection with allegedly nefarious campaign financing charges.
These engineering firms have essentially taken over the planning and management of the province’s road construction work. And yet, in most cases, they don’t compete with each other for government contracts—not in the usual sense, anyway. That’s because the laws in Quebec were such that a company’s reputation and experience were weighed when awarding contracts; price was a lesser concern. By 2008, price considerations were stripped out altogether, to remove the urge to cut corners. But over time critics say this transformed the bidding process into a pure lobbying exercise. “What’s the message that you give to those firms who are all good at their jobs?” asks Luc Martin of the Corporation des entrepreneurs généraux du Québec. “It’s no surprise they are close to government, because they have to lobby it.”
Which is why Zambito’s testimony about his party financing activities alarmed observers. Over several days he named a number of high-level Liberal ministers and party members as being recipients of his largesse. He testified that he helped organize fundraisers for Nathalie Normandeau, then Quebec’s deputy premier, at the behest of Genivar, an engineering consulting firm, and for former labour minister David Whissell, on behalf of BPR, another firm. Meanwhile, he testified he gave $30,000 to a fundraising event in the spring of 2009 for senior minister Line Beauchamp, well in excess of the legal donation limit.
As for Normandeau, Zambito testified he sent her 40 roses for her 40th birthday. “Dear Lino, it is with pleasure that I received your magnificent flowers for my birthday,” she wrote in a note. “You have helped make this day ever more beautiful.” Zambito would soon follow up with nine tickets to a Céline Dion concert. Normandeau, Whissell and Beauchamp have all denied any wrongdoing, while the two firms, Genivar and BPR, refused to comment to Maclean’s.
“I fixed contracts, I financed political parties, I corrupted bureaucrats,” Zambito told the commission. “But the system is such that if I wanted to work in Laval, Montreal, on the north shore or for the ministry, I didn’t have a choice in the matter.”
In October 2009, the Radio-Canada investigative program Enquête broadcast a piece on Zambito’s attempts to influence the municipal election in Boisbriand, where he’d landed several contracts. Zambito’s career as a fraudster, fundraiser and political hanger-on had come to an end.
Undoubtedly, the noise emerging from the commission has hurt Quebec’s already-damaged reputation. “There is something rotten in the Kingdom of Quebec,” wrote a Le Devoir columnist. Some turned to satire. Comedian Guy Nantel’s next show, entitled Corrompu (Corrupted), will make light of its misery next summer. Judge Charbonneau will have tabled her recommendations by the end of Corrompu’s run, in fall 2013.
There are other rays of sunshine. For all this misery, Montreal (and Quebec in general) has weathered the economic crisis better than most of North America. The city’s real estate market is doing quite well, thanks in part to a condo boom in the last five years. Last year, the Liberal government tabled legislation ending the practice of union labour placement. The PQ, despite its ties to the labour movement, has warily accepted the law.
And there’s precedent. “New York and Chicago had problems with corruption, too. Not to say they don’t anymore, but it was dramatically reduced by commissions like the one we are having,” says Michel Leblanc, president of Montreal’s chamber of commerce. “If the government implements Charbonneau’s recommendations, then new systems will be in place to get rid of corruption.”
And Zambito? When he isn’t posing with fans or getting propositioned by married women—he’s become quite popular since testifying—the man who exposed the rot in Quebec’s construction industry spends his time running the restaurant. He wasn’t entirely saddened when Infrabec went bankrupt in 2011. “The restaurant’s a different ball game,” he says. “People are out to enjoy, to pass an evening with their family. Every client is your boss.” An added bonus: these bosses don’t expect bribes.
Called out
Of the 10 largest engineering firms in Quebec, eight have been named in testimony at the Charbonneau commission related to political financing irregularities
Company Employees in Quebec
SNC-Lavalin 5,200
Dessau 3,729
BPR 2,200
Cima+ 2,100
Genivar 2,000
Aecom 1,500
Roche 1,435
Facing accusations
Testimony from Zambito and others has ended two political careers and shone a light on those caught up in the scandal
Ex-Mayors
Gérald Tremblay Former mayor of Montreal dodged allegations for years
Gilles Vaillancourt Former mayor of Laval reigned for 23 years
Money Dispensers
Nick Rizzuto Sr., Rocco Sollecito, Nicolo Milioto These three men—alleged associates of the Rizzuto crime family—were caught on tape together stuffing cash in their socks
Implicated City Engineers
Luc Leclerc Admitted taking more than $500,000 in kickbacks
Gilles Surprenant Estimated to have taken more than $700,000









































































quarta-feira, 5 de dezembro de 2012

Canada among least corrupt countries, report says

y Michael Gregory, CBC News Posted: Dec 5, 2012 4:10 PM ET
CANADA-POLITICS/

2012 edition of Corruption Perceptions Index ranked 174 countries, territories

Canada ranks among the least corrupt countries in the world, while Afghanistan, North Korea and Somalia are among the most crooked, according to a new report released Wednesday by a non-profit organization that tracks political corruption.

The annual Corruption Perceptions Index by Berlin-based watchdog Transparency International ranked the public sectors of 174 countries and territories based on the data collected from over a dozen groups, including the World Bank.

According to the data, Denmark, Finland and New Zealand ranked in a three-way tie as the least corrupt countries in the world.

Bottom placeholder Somalia elected a new government in Sepember and may be on the way to better performance under a new regime led by Hassan Sheikh Mohamud.

Best and worst

Here are the extremes of Transparency International's 2012 ranking of 174 countries and territories based on their perceived corruption.

Top 10:

  • Denmark.

  • Finland.

  • New Zealand.

  • Sweden.

  • Singapore.

  • Switzerland.

  • Australia.

  • Norway.

  • Canada.

  • Netherlands.

Bottom 10:

  • Haiti.
  • Venezuela.
  • Iraq.
  • Turkmenistan.
  • Uzbekistan.
  • Myanmar.
  • Sudan.
  • Afghanistan.
  • North Korea.
  • Somalia.

For the sixth year in a row Canada placed in the top 10 least corrupt countries, tied for ninth with the Netherlands. Among the Americas, however, Canada was on top, ahead of Barbados and the United States.

Six European countries, including all four that make up northern Europe's Scandinavian region, cracked the top 10 list for least corrupt. Greece was the worst among European Union countries at 94th overall, but across the European continent, Ukraine was perceived as the most corrupt at 144th.

'The system needs to change'

The index is tabulated from sources dating back to 2011, before the recent wave of corruption allegations in Canada that has toppled political leaders in Quebec and Ontario.

Tyler Sommers, co-ordinator at the Canadian non-profit Democracy Watch said despite Canada's score on the corruption index, the data being used may be skewed because of lax enforcement systems.

"The system needs to change rather dramatically in Canada," Sommers said. "If we had widespread audits we would find more instances of corruption, more instances of individuals who are breaking the law, [and] so those scores, because they're based on public perception, would decrease."

Gerald Tremblay speaks at a news conference in Montreal Monday, November 5, 2012 where he announced his resignation as mayor of Montreal.Gerald Tremblay speaks at a news conference in Montreal Monday, November 5, 2012 where he announced his resignation as mayor of Montreal. (Graham Hughes/The Canadian Press)

On Nov. 30, Richard Marcotte became the third Quebec mayor in recent weeks to resign. He was arrested in April and charged with fraud, corruption, breach of trust and conspiracy by Quebec's anti-corruption task force, but had refused to step down as the mayor of Mascouche until last week.

Earlier in November, the mayors of Montreal and Laval both resigned within days of each other over allegations of corruption. Both resignations have been linked to testimony at the Charbonneau inquiry which is looking into connections between Quebec politicians and the construction industry in the province.

Joe Fontana, the mayor of London, Ont., was also charged with fraud last month following an RCMP investigation that found he misused public funds in 2005 as a federal cabinet minister and Liberal member of Parliament.

Fontana has said he refuses to step down and will remain in office while he fights to clear his name.

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