U.S. pipeline construction exec fights to stop bribery conviction barring him from Canada

The Texas-based vice-president of a company hoping to bid on Canadian pipeline projects wants to stop a hearing that could see him barred from crossing the border because of a past conviction for bribery.

Jason Edward Steph was sentenced to 15 months in a U.S. jail for his part in a 2003 scheme to pay Nigerian officials $6 million to secure a $387-million gas pipeline construction contract for a former employer.

Steph is now executive vice-president responsible for overall operations of Mears Canada Corp., a company that installs underground pipelines.

According to federal court documents, it is in that capacity the 48-year-old wants to visit Canada.

He and his immigration lawyer showed up at a Surrey border crossing last July to apply for a temporary resident permit and a work permit.

But a Canada Border Services Agency officer instead told him he was inadmissible and referred him to a hearing that could see him excluded from Canada forever.

"I was shocked," Steph states in an affidavit.

"The information that I provided in a forthright and cooperation [sic] manner was not used to assess my TRP/work permit application, but was used by the officers to support their deportation case against me."

"Had I been informed ... I never would have attended the border."

Violated U.S. Foreign Corrupt Practices Act

Steph will argue in May for a judicial review of the decision to refer his case to an admissibility hearing.

In his affidavit, he claims he didn't want to enter Canada when he came to the border — he was merely there to apply for documents. As such, he claims the CBSA had no jurisdiction to order him out.

He also says he wasn't told the true purpose of the meeting and claims the ultimate decision was unreasonable.

Had he known the risk, Steph says he would have tried to get his permits through an Immigration and Citizenship program that lets people who would otherwise be criminally inadmissible apply for rehabilitation.

The eligibility period begins five years after the end of a person's sentence.

"I was aware that I was criminally inadmissible for Canada and I was seeking an avenue to correct this," he writes.

"We followed the rules, spent a lot of time and effort preparing the requisite forms and backup documentation, and I continued to direct my company to make substantial investment in Canada."

Steph lives in Houston, where he admitted in 2007 to violating the U.S. Foreign Corrupt Practices Act as an executive with Willbros Group Inc.'s international subsidiary.

The U.S. Department of Justice said Steph and others conspired in 2003 to bribe officials of Nigeria's state-owned oil company, a political party and senior official in the Nigerian government.

Their goal was to secure and retain a $387-million construction contract for a major African gas pipeline.

Steph cooperated with the U.S. government's investigation as part of a plea agreement.

In addition to jail time, he was also ordered to complete 15 months of supervised release when he was sentenced in 2010.

Near and long term economic interests

According to the court documents, Steph has worked since March 2016 for U.S. based Mears Group Inc., a company which specializes in the installation of pipelines without the use of trenches.

Last April, he became an executive vice-president responsible for operations of Mears Canada.

The federal court documents include a letter to the CBSA from an immigration lawyer arguing that Steph's presence in Canada would serve Canadian economic interests.

The letter says the company's plans are motivated by "recent developments in pipeline construction in Canada" — namely approval or review of the Kinder Morgan expansion and the Keystone XL pipeline project.

 The document says Mears Canada's parent company is U.S. construction giant Quanta Services, whose five other Canadian subsidiaries are all "heavily involved in the construction, maintenance and upgrading of pipelines."

"Mears Group and Mears Canada Corp. will be well positioned to take advantage of the opportunities these major, international-scale new pipeline projects will create," the letter says.

"We would submit that it is in Canada's near and long-term economic interests to permit Mr. Steph to enter Canada, from time to time as required, to manage and direct the overall operations of Mears Canada Corp."

'These matters have lasting impacts'

In an emailed statement, the CBSA wouldn't comment on the specifics of Steph's case, but says that while individuals who show up at the border may be offered the opportunity to withdraw their applications, the agency can issue reports on inadmissibility in cases involving criminality. 

The court file includes a copy of a report filed by CBSA officer Morgan McJannett explaining her decision to refer the case to a hearing.

She writes that Steph said his reasons for coming to Canada were "to meet with the 'boots on the ground' at work sites and to provide leadership to the on-site Canadian citizen manager" and that "business was working well with this Canadian manager and that they were starting to win contracts for upcoming projects."

McJannett claimed that she made her decision after weighing the "humanitarian and compassionate grounds" presented by Steph and his lawyer against "the severity of his criminal conviction in USA and its equivalency to Canadian law."

"Although not directly a violent crime committed against another person, coordinating the payment of bribes supports organized crime groups and corrupting officials," McJannett's report states.

"These matters have lasting impacts by creating a lack of trust between the public and the authorities and governments to serve them."

Lawyers for Steph did not respond to requests for comment. Steph did not respond to an email.