Money Laundering in Alberta, Including Proceeds of Crime – Get a Lawyer.
The Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) established the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) in Canada in order to fight money laundering and terrorist financing, both domestically and internationally.
With money laundering becoming a major concern for countries around the world, many governments have taken steps to make the laws stricter. Canada has been an active participant in the battle against money laundering. If you have been charged with any money laundering or proceeds of crime offenses you will need to talk to a lawyer. These are very serious charges.
Section 354 of the Criminal Code deals with property obtained by crime and states in part that every one commits an offense who has in his possession any “property or thing or any proceeds of any property or thing knowing that all or part of the property or thing or the proceeds” was obtained by or derived directly or indirectly from the commission in Canada of an offense. A person can be sentenced for up to ten years in prison for violating section 354.
Part XII.2 of the Criminal Code deals with Proceeds of Crime and in particular property obtained or derived as a result of the commission in Canada of certain designated offenses. That Part of the Code is extremely complex and runs some 49 subsections long. Some of the headings and matters dealt with are as follows:
- Laundering Proceeds of Crime
- Search, Seizure and Detention of Proceeds of Crime
- Application For Review of Special Warrants and Restraint Orders
- Application of Property Restitution Provisions
- Expiration of Special Warrants and Restraint Orders
- Forfeiture or Proceeds of Crime
- Application For Forfeiture
- Voidable Transfers
- Application By Person Claiming Interest For Relief From Forfeiture
- Residual Disposal of Property Seized
- Suspension of Forfeiture Pending Appeal
- Copies of Documents Returned or Forfeited
- No Civil or Criminal Liability Incurred By Informants
- Definition of “Designated Substance Offense”
- Specific Rules of Forfeiture
Proceeds of crime can include many things, including the profits made from selling drugs. As time goes by more efforts are being made at tracking illegal money laundering and going after the proceeds of crime and ultimately having those proceeds forfeited.
If you find yourself in any proceeds of crime situation, you are looking at a serious situation where you can feel surrounded by people out to get you. The Crown has many resources and once they decide to go after you it can be a frightening experience. It can also result in lingering issues such as with the Canada Revenue Agency that can follow a person for years. Money laundering and forfeiture applications are situations where Geoff Green’s 20 years of experience as a criminal defence lawyer can help.
Geoff Green – Criminal Defence Lawyer For Alberta
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