White Collar Crime, Fraud, Money Laundering (Proceeds of Crime) and Forfeitures

After years of dedication, hard work, and long hours, your employer wants you to explain a discrepancy in the financial statements. You should consult with a lawyer before you to decide whether to comply. Call Sam Goldstein Criminal Law Trials & Appeals because what you say in that meeting may be used against you if criminal proceedings ensue.

Whatever the amount in question, large or small, are in jeopardy of being accused of committing a white collar crime. That is the name given to a wide range of offences to prevent unlawful financial gain. White collar crime can range from allegations of straightforward employee theft to complex banking transactions involving mortgages, stocks, corporate funds or other financial instruments. What you think is an innocent financial transaction may be assessed by the police as fraud or by the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) as money laundering.

In these times law enforcement and prosecutors on both sides of the border and internationally are highly sensitive to transfers of money and cross border business activities. Canada’s Corruption of Foreign Public Officials Act (CFPOA) has been amended to give it more “teeth” to fight unethical business behaviour and authorities are more vigorous in pursing offences. Fraud is being taken more seriously in Canada with mandatory minimum sentences now in force and fraud task forces set up across the Province.

In addition to jail proceeds of crime legislation means your assets can be seized and legal action taken out against you requiring you to forfeit what you own. Doing business at home or abroad requires careful diligence.

As in all criminal cases, entering a plea of guilty to a fraud or related financial charge can have profoundly serious consequences. Having a criminal record may affect your work, your immigration status, your reputation, your family and your personal freedom. A conviction for a white collar crime is particularly problematic for your future employment or banking because it is considered a crime of dishonesty.

Sam Goldstein Criminal Law Trials & Appeals is well positioned to represent those facing criminal or regulatory charges for white collar crime. Sam Goldstein has a breadth of legal experience dealing with this area of the law. Sam was the go-to Crown Attorney for fraud prosecutions when he was a prosecutor.

Now he uses his knowledge and expertise prosecuting white collar crime defending people charged with white collar offences. The following are a few of the cases he defended are:

  • In R v. G, Sam defended a charity said to be engaging in fraudulent fundraising.
  • In R v. K a Telemarketing company was charged with deceptive business practices.
  • Sam negotiated the release of a house seized under provincial proceeds of crime legislation for a landlord unawares that her tenant had converted her suburban home into a grow operation for marijuana.
  • In R v. H Sam fought for the rights of a Lebanese man said to have been impersonating an American-Lebanese citizen.
  • Sam is consulted on the lawful and most efficient method for international money transactions; and, he is the co-author of an article on the CFPOA.

No matter what the specific circumstances, each case comes down to analyzing and challenging the evidence against you. Building your case to support your position. Because of his experience on both sides of the courtroom, Sam knows how to pursue your own investigations to uncover the facts that will strengthen your case and cast reasonable doubt upon on the prosecution's version of events.

Sam Goldstein Criminal Law Trials & Appeals provides clients with the information they need to make wise decisions about whether to accept a plea bargain or take a case to trial. Sam is a skilled trial lawyer who has achieved successful results in complex white collar crime cases.

FAQ

The definition of fraud in the Criminal Code has been interpreted broadly in order to capture all forms of deceptive behaviour. Courts also have found that there need not be any monetary loss involved in order for a fraud to take place.

Money laundering is a term that describes the activities used to conceal the true origins of certain assets. It is not only a criminal offence to possess the proceeds of crime, but it is also an offence to use, transfer the possession of, send or deliver to any person or place, transport, transmit, alter, dispose of or otherwise deal with "any property or any proceeds of any property with intent to conceal or convert that property or those proceeds, knowing or believing that all or a part of that property or of those proceeds was obtained or derived directly, or indirectly," as a result of the commission of certain designated criminal offences.

Cars, money, jewelry, electronics, real estate or any other property that the Crown determines is related to a criminal offence can be seized as part of a criminal investigation. There is federal and provincial legislation that allows the police to seize your property.

In order to have your property returned it will have to be shown that the property seized is:

  • Not related to the offence;
  • Owned by an innocent third person;
  • Not required as evidence in a trial; or
  • Traceable to lawful funds.

The Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) is Canada's financial intelligence unit. It is an independent agency established in and operates within the ambit of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) and its Regulations. FINTRAC’s mandate is to facilitate the detection, prevention and deterrence of money laundering and the financing of terrorist activities.

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