Tyler Hodgson  

Tyler Hodgson is a partner in the Toronto office of Borden Ladner Gervais LLP and the regional leader of the White Collar Crime Group.  Tyler practises primarily in the areas of corporate governance and regulatory compliance, as well as representing parties during criminal and quasi-criminal investigations and prosecutions, both in a domestic and international context.

Tyler regularly acts for individuals and corporations during all phases of the criminal and regulatory process, ranging from the oversight and implementation of preventative compliance programs to the active investigation of suspected unlawful activity, frequently involving the execution of production orders, search warrants and compelled interviews.

On the compliance side, Tyler advises clients in relation to their obligations under domestic and international law, including anti-money laundering and foreign corrupt practice legislation.  He routinely assists in the drafting of corporate policy manuals and internal corporate investigations.

Tyler is a former Assistant Crown Attorney and Enforcement Counsel with the Ontario Securities Commission.  Tyler prosecuted hundreds of cases ranging from shoplifting to first-degree murder to insider trading.

In 2006, Tyler accepted the position of Manager of the Enforcement Division of the Dubai Financial Services Authority, where he was involved in a number of international prosecutions for fraudulent conduct and appeared as counsel before the DIFC Court.  Before returning to Canada, Tyler was named Chief Legal Officer for Dubai First International, a consumer finance subsidiary of Dubai Holding. As CLO, Tyler was responsible for supervising compliance and company law matters in relation to international finance projects (both conventional and Sharia'a compliant) in emerging markets, including Oman, Saudi Arabia, Turkey, Malaysia and Russia.

Tyler has appeared in all levels of court in Canada, including the Supreme Court of Canada, the Ontario Court of Appeal, and the Superior Court of Justice on both jury and judge alone trials.  He continues to represent individuals and corporations charged with a wide variety of criminal and quasi-criminal offences, as well as acting for individuals subpoenaed to testify in proceedings.  He acts for foreign governments in relation to criminal, regulatory and extradition matters.

• Author, Brokers’ Report, April 2013.
• Panelist, ABA International Internal Investigations Conference, “Disclosure and Settlement after International Internal Investigations,” December 7, 2012, Frankfurt, Germany.
• Author (with Casey Leggett), “Guidance on the U.S Foreign Corrupt Practices Act,” Lexology.
• Co-Chair, Meeting of the American Bar Association Criminal Justice Section International Committee, October 25, 2012, Washington DC.
• Panelist, Fifth Annual National Institute on the Foreign Corrupt Practices Act, “Promises and Pitfalls of Anti-Bribery Risk Assessments,” October 19, 2012, Washington DC.
• Author, “The Gift that Keeps on Giving: does the protection against double jeopardy have any application to international crime?” Journal of Financial Crime, 2012, Volume 19, Issue 4, pp. 326-331.
• Presenter, Thirtieth International Symposium on Economic Crime, “Fighting Corruption – international initiatives and perspectives,” September 4, 2012, Jesus College, Cambridge, United Kingdom.
• Author, “Limiting Liability for Crimes Committed Abroad,” Litigation, Vol. 39, No. 1 (Winter, 2013), forthcoming, pp. 52-55.
• Author, Global Jurisdiction for a Global Crime: the Long Reach of Anti-Bribery Laws in G7 Nations, ABA Criminal Justice Section Global Anti-Corruption Task Force, Insight from the Trenches, September 2011.
• The Agenda television show, “Whose streets? Our streets,” June 28, 2010.
• Author, “Secularism Prêt-à-Porter: An Analysis of the Effects of Law 2004-228 Banning Conspicuous Religious Symbols in Public Schools on Freedom of Conscience,” Symposia, 2009, 1(1): 16-34.
• Author, “From famine to feast: the prosecution of multi-jurisdictional financial crime in the electronic age,” Journal of Financial Crime, 2008, Volume 15, Issue 3, pp. 320-37.

• Coordinated international investigation for a publicly listed Canadian company relating to an allegation of bribery concerning a joint venture project in an emerging market.
• Advised foreign companies of obligations under Canadian Corruption of Foreign Public Official Act.
• Advised Canadian and foreign companies in relation to anti-bribery and corruption component of Public Private Partnership projects in Middle East.
• Represented parties charged with unregistered trading and illegal distribution of securities before the Ontario Securities Commission, Saskatchewan Financial Services Commission and the Manitoba Securities Commission, including cross-border matters involving the United States Securities and Exchange Commission and the Serious Fraud Office (UK).
• Acted for parties under investigation by Self-Regulatory Organizations, include the Investment Industry Regulatory Organization of Canada, the Mutual Fund Dealers Association and the Toronto Stock Exchange Venture Exchange.
• Represented parties in relation to all aspects of insider trading prosecutions, ranging from administrative investigations and prosecutions to criminal forfeiture proceedings.
• Represented lawyers and witnesses issued summonses and subpoenas to testify in criminal and quasi-criminal proceedings.
• Acted for client subject to search and seizure at behest of FBI and sending hearing under the Mutual Legal Assistance in Criminal Matters Act.
• Defended parties subject to prosecution under the Criminal Code and the Youth Criminal Justice Act, as well as proceedings under the Extradition Act.
• Advised institutions in relation to corporate liability for suspected criminal and/or regulatory misconduct committed by employees.

• Recipient, Lexpert Zenith Awards, Pro Bono by Team or Firm, 2011 (R. v. N.S.)