Calgary Money Laundering Defence Lawyer
Money laundering underpins a wide range of criminal activities in Canada. Organized crime is heavily involved in it. It has increased in Canada and has become a serious problem. Law enforcement officials estimate that each year in Canada, over $100 billion is laundered. That figure is anticipated to increase in the future as criminals use developing new technologies for their illicit transactions, increasing the risk that both digital and traditional currencies face.
Under Section 462.31 of the Criminal Code of Canada, money laundering is the taking of the proceeds of a crime or a criminal act and using those proceeds in another transaction. It is an illegal act. The purpose of doing so is to hide or disguise the origin and nature of the proceeds so that they cannot be traced back to the underlying crime.
Section 462.33(3) contains a peace officer exception whereby an officer, or an individual operating under the authority of the officer, will not be charged if they commit what would otherwise be money laundering offences during investigations and the performance of their professional duties.
Like other white-collar crimes, the motivation for money laundering is the desire for quick monetary profits and the belief that the criminal activities in question are so well concealed that they face a low risk of discovery and arrest.
The defence of individuals charged with money laundering or under investigation for it is a highly specialized area of the law. Only a few criminal defence attorneys have the knowledge and experience to perform this work.
If you have been charged with money laundering or are under investigation for it, you will need an experienced criminal defence law firm. At the Yoav Niv law firm, we are prepared to diligently represent individuals who have been so charged or are under investigation. Immediately upon retention, we will use our resources to promptly investigate the details of your case so that we can begin to craft the best defence on your behalf. This is important as the penalty for a money laundering conviction can include substantial imprisonment.
Our firm is experienced and has defended a wide variety of money laundering cases. We have a proven record of success in handling such cases, utilizing our sophisticated knowledge of this area of law.
If we believe it will be to your benefit, we will negotiate with the authorities to see if the money laundering charges can be downgraded. If your matter ultimately goes to trial, we will use our legal talents to zealously defend your rights by requiring the Crown to prove each element of the offence for which you have been charged. If we can show that the Crown has failed to meet its burdens of proof, the money laundering charges against you will be dismissed.
What is Money Laundering?
Money laundering is essentially a crime of deception and disguise as it attempts to hide the source, amount, and destination of the money involved in the transaction. In most cases, the origin of the money derives from criminal activity such as drug trafficking, fraud, or other types of crime.
Money laundering involves the taking of the proceeds gained during the commission of those crimes and then processing the money in a subsequent transaction, or a series of transactions involving legitimate businesses, to make it appear that the money came from a legitimate source.
As its name suggests, money laundering attempts to make money in question appear to be clean and derived from a legitimate source to hide illegal activity. In our increasingly computerized and digitalized society, and with the advent of new digital currencies, money laundering has become more prevalent and easier to commit and conceal. It is a sophisticated and profitable crime that is always complex and fact-intensive. Defending a client accused of money laundering presents many challenges for a defence lawyer and mandates hard work, intensive investigation, and thorough case preparation. Our firm possesses these capabilities.
Examples of Money Laundering Charges
Money laundering charges will be issued if the police believe that the origins of the funds in question were not derived from a legitimate source but rather came from an array of criminal activities such as
- Drug distribution
- Bank fraud
- Credit card fraud
- Identity theft
- Elder fraud
- Insurance fraud
- Telemarketing fraud
- Health care fraud
In a classic example, instead of depositing a large sum of money that was gained through one of these illegal activities into a bank account, where it would draw attention and raise questions, the money is put into a legitimate business or into real estate. The money would then be withdrawn at a later date.
Penalties for Money Laundering in Calgary
An individual convicted of money laundering face monetary fines and prison time. The Crown can proceed either by an indictment or through a summary conviction. If the Crown elects to proceed by means of an indictment, a convicted individual faces a maximum of ten years in prison. If the Crown elects to proceed summarily, the individual faces up to two years in prison and/or a fine of up to $5,000.
To obtain a conviction, the Crown must prove beyond a reasonable doubt that the individual was laundering money that he or she obtained by illegal means in an attempt to turn the money into a legal asset.
If you live in the greater Calgary area and the Crown has charged you with money laundering, you should immediately contact our firm. We will be able to guide you through the criminal justice system and speak to the Crown on your behalf. We will be able to accurately evaluate the Crown’s case for you. We will work to bar any evidence against you that was obtained illegally and attempt to produce evidence that is favourable to your case. In the event of a conviction, we will negotiate with the Crown to obtain a more lenient sentence.
Contact Yoav Niv Today
At the Yoav Niv law firm, we have a proven record of defending clients who have been charged with money laundering. We possess a sophisticated command of the law and lawyering skills. Our long-standing philosophy is that every client is presumed to be innocent and has a right to the best possible defence. We will work tirelessly to have the charges against you dismissed and/ or downgraded. Get the skilled counsel and sophisticated representation that you deserve and need. Contact our firm for a free consultation. To schedule a free consultation to discuss your case, call 587-968-6721 or contact us online.