#Cullen Commission of Inquiry into Money Laundering in British Columbia
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timesofocean · 3 years ago
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BCCLA Reacts: Civil liberties group disappointed by Cullen Commission report into money laundering
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BCCLA Reacts: Civil liberties group disappointed by Cullen Commission report into money laundering
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Vancouver, BC (The Times Groupe)- The BCCLA is disappointed by the Final Report of the Cullen Commission of Inquiry into Money Laundering in British Columbia, which was released June 16, 2022. The Final Report recommends invasive measures and a tough-on-crime approach that does not give due consideration to constitutional rights. The BCCLA was the only civil liberties organization granted full participant status in the Cullen Commission, where it advocated for human rights, privacy protections and due process during public hearings from February 2020 to October 2022.
The Final Report calls for sweeping changes to tackle money laundering in the province, including the introduction of unexplained wealth orders, the aggressive pursuit of civil forfeiture, increased policing, and broad information collection and sharing. Throughout the hearings, the BCCLA spoke out against taking this approach, arguing that these invasive measures undermine constitutional rights, have not been adequately tested, and would be expensive to implement. The BCCLA advocated instead for addressing the root causes of money laundering, including our failed model of drug prohibition.
Jessica Magonet, BCCLA staff counsel: “We are extremely troubled that the Cullen Commission is encouraging the province to ramp up civil forfeiture to fight money laundering. BC’s civil forfeiture regime grants extraordinary power to the state, impacts Charter rights, and harms marginalized communities. We are also disturbed that the Cullen Commission is calling for the introduction of unexplained wealth orders – a controversial legal tool that erodes the presumption of innocence.”
Stephen Chin, BCCLA staff counsel: “We recognize that money laundering is a problem that requires commensurate solutions informed by the principles of balance and restraint. These recommendations, viewed cumulatively, cannot be reconciled with these principles and threaten our constitutional rights. When the Commission calls for substantial expansions to enforcement measures and information sharing, this is cause for concern.”
The BCCLA was represented in the Cullen Commission by Megan Tweedie, Jessica Magonet and Stephen Chin.
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allthecanadianpolitics · 4 years ago
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A former British Columbia RCMP officer testified he was informed in 2009 that Rich Coleman, then-minister responsible for gaming, was “largely responsible” for rampant money laundering related to organized crime in the province’s casinos, and that senior B.C. Mounties were complicit, an inquiry has heard.
Fred Pinnock, former commander of B.C.’s anti-illegal gaming unit, described to the Cullen Commission on Thursday his recollection of allegations that he said then-solicitor general Kash Heed made against Coleman during a private meeting in 2009.
Pinnock explained that he had tried to expand his unit’s mandate and resources to attack gangs that he believed were “out of control” in BC Lottery Corporation casinos.
[...]
Pinnock recalled the meeting took place over lunch in Victoria.
“I told him I am convinced that Rich Coleman knows what’s going on inside those casinos,” Pinnock recalled. “And Kash Heed confirmed my perception that I was accurate in my belief, and he did feel that Rich Coleman had created this.
“He said to me, in effect, ‘That is what is going on, Fred. But I can’t say that publicly. You know, it’s all about the money.'”
And, according to Pinnock, Heed claimed that Coleman “received the tacit support” of senior B.C. Mounties.
“The context was (that) this was a game being played by senior police officers,” Pinnock said. “I think the term (Heed) used was (RCMP leaders are) ‘puppets for Coleman.'”
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jasonlawson0 · 5 years ago
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Government trying to escape game of 'catch up' on dirty money: inquiry hears
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VANCOUVER — British Columbia officials say it's a challenge for government to keep up with a "smart and nimble" criminal economy that has seen money laundering flourish in the province.
Officials from the ministries of Finance, the Attorney General and the Solicitor General appeared Thursday before commissioner Austin Cullen, who is overseeing a public inquiry into money laundering.
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They outlined measures the province has begun taking to stem the problem that government reports say has seen the proceeds of crime obscured through the real estate, gambling and other sectors.
In one case, the inquiry heard that an anti-money laundering committee of deputy ministers is considering a proposal for a multi-sector unit for enforcement and intelligence sharing.
Megan Harris, executive director and anti-money laundering secretariat lead, said the new unit would receive suspicious transaction reports and alerts from various sectors and service providers. It would also have enforcement powers.
That idea and others have been put on hold pending the Cullen commission's conclusions and recommendations.
Deputy solicitor general Mark Sieben said the proposal requires further scrutiny but has merit. It has the benefit of being adapted to different sectors, unlike an intelligence and enforcement unit dedicated specifically to casinos, for example.
"The criminal economy is nimble and where there is strong enforcement action, the money tends to move to a new sector so our response then needs to be nimble as well," Sieben said.
The unit would cost $15 million to $20 million a year, which Sieben said is no small amount for the government to consider so officials thought it prudent to put the idea on the back burner until the fact-gathering portion of the inquiry is done.
The Cullen commission heard opening arguments in February and the main hearings in September will delve into specific industries.
Attorney General David Eby has said he hopes it will answer lingering questions about how the criminal activity has infiltrated in the province.
Harris told the inquiry that the government has identified many obstacles in the fight against money laundering.
Regulators in real estate aren't sharing information with gaming regulators, for example, and there are privacy concerns with encouraging that kind of sharing, she said.
The government's own understanding of the problem is often limited to expert reports on particular sectors like the luxury car industry, but others like art dealing remain a blind spot, Harris added.
It's also difficult for the government to keep up with rapidly evolving technology, although it's working to understand how dirty money may be cleaned through cryptocurrency exchanges, Harris said.
And there's concern that the public sees dirty money as a victimless crime, she said, even though the proceeds often come from an illicit drug trade linked with the deadly overdose crisis and the practice has affected house prices.
The officials are developing a 10-year plan that's concentrated in the next four years to co-ordinate its response.
To go after money laundering, resources are needed but the secretariat and deputy ministers committee understand they need to be strategically placed in order to be effective, Sieben said.
"The criminal activity that's generating revenue and the revenue itself changes fluidly and it's to some degree a game of catch up in order to have the right money in the right strategy at the right time in order to successfully interrupt that."
This report by The Canadian Press was first published June 11, 2020.
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earthpages · 4 years ago
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RCMP resources were thin when billions of illicit cash washed through B.C.’s economy, inquiry hears
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allthecanadianpolitics · 5 years ago
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Simple bank deposits are the predominant way to clean dirty cash in Canada, a public inquiry on money laundering in B.C. heard Monday.
Stephen Schneider, a criminology professor at St. Mary's University in Halifax, told the Cullen Commission of Inquiry into Money Laundering that the big six banks are just as popular with criminals as they are with the general public.
"They provide a vast array of financial services that are highly conducive to money laundering," Schneider said.
He said the banks offer products like investments and mortgages that can make illicit cash look legitimate, plus numerous services that can be done online or via ATM, without raising the suspicion of human tellers.
"Really, they're one-stop shopping for money laundering," Schneider said.
The commission, led by B.C. Supreme Court Justice Austin Cullen, was announced last year in a response to a series of reports that attempted to capture the alarming extent of B.C.'s problem, including estimates that more than $7 billion was laundered in the province in 2018.
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jasonlawson0 · 5 years ago
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Cullen commission into money laundering in British Columbia resumes today
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VANCOUVER — Money laundering in British Columbia will be under scrutiny again this week when a public inquiry resumes today.
Over the next 3 1/2 weeks, expert witnesses ranging from academics to police officers are expected to shed light on how dirty money is quantified and the regulatory models that are being used to fight it around the globe.
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The B.C. government called the inquiry amid growing concern that illegal cash was helping fuel its real estate, luxury car and gambling sectors.
Opening arguments were held in February and the main hearings scheduled to begin in September will delve into specific industries.
Commission lawyer Brock Martland says the goal of this part of the inquiry is to create an understanding of what money laundering is and the strategies other countries have used to get a grip on it.
The hearings are being streamed online.
Expert witnesses will include Simon Lord of the United Kingdom's National Crime Agency, RCMP Chief Supt. Robert Gilchrist of the Criminal Intelligence Service of Canada and Oliver Bullough, author of "Moneyland: The Inside Story of the Crooks and Kleptocrats Who Rule the World."
"The sort of game plan is to have the view from 30,000 feet," Martland said.
The inquiry is being led by commissioner Austin Cullen. Attorney General David Eby has said he hopes it will answer lingering questions about how the criminal activity has flourished in the province.
B.C. also commissioned three reports that revealed B.C.'s gambling, real estate and luxury car industries were hotbeds for dirty money, but Eby said an inquiry will be able to dig deeper because it can compel witnesses to speak.
In February, the B.C. Real Estate Association told the inquiry that it supported the creation of a provincial land registry that identifies those buying property. It has also struck a working group to make anti-money laundering recommendations.
The B.C. Lottery Corp. said it has consistently reported suspicious transactions to Fintrac and pointed out unusual conduct to the gaming policy enforcement branch.
The corporation has also brought in measures to control or prevent the flow of dirty money since 2012, including creating an anti-money laundering unit made up of certified investigators and intelligence analysts.
And the Great Canadian Gaming Corp., which owns several B.C. gambling sites, also defended the company's efforts to limit money laundering, telling the inquiry that criticism of the industry is unfounded.
A coalition of tax fairness groups told the inquiry at the time that hiding ill-gotten cash behind shell companies is so widespread in Canada it's known globally as "snow washing."
This report by The Canadian Press was first published May 25, 2020.
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