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18 months and counting on key anti-money-laundering Cullen inquiry recommendations

January 7, 2024
in Crimes
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B.C. Finance Minister Katrine Conroy says an replace on key anti-money-laundering suggestions can be offered a while in 2024.

Revealed Jan 07, 2024  •  Final up to date 11 minutes in the past  •  5 minute learn

Money.
Bundles of 20-dollar payments seized in October 2015 as a part of the RCMP E-Pirate investigation into cash laundering at alleged underground Richmond financial institution Silver Worldwide. Picture by TBA /PNG

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Almost 18 months after the Cullen fee made two key suggestions, one to create a particular investigation unit and the opposite to create an unbiased commissioner, neither has been applied.

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Austin Cullen, a B.C. Supreme Courtroom Justice who headed the three-year inquiry, advisable creating a brand new cash laundering intelligence and investigation unit as a result of the federal authorities was failing to hold out its mandate to analyze cash laundering. A 2019 B.C. government-commissioned report on cash laundering in actual property in B.C. made the same suggestion.

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The second key suggestion from Cullen was to create an unbiased workplace of the B.C. legislature for an anti-money-laundering commissioner to trace implementation of the greater than 100 suggestions and outcomes of modifications. The workplace would report out publicly annually and will additionally present recommendation. Cullen advisable the anti-money-laundering commissioner as a result of he was involved that advanced, cross-government efforts would stall over time with out everlasting oversight.

In a written response to Postmedia Information’ questions, B.C. Finance Minister Katrine Conroy didn’t reply whether or not the 2 key suggestions can be applied.

The ministry additionally didn’t reply questions on different particular suggestions from earlier reviews, together with whether or not a brand new unbiased regulator for gaming, to be known as the unbiased playing management workplace, has been totally applied.

Conroy stated an interim report can be launched in 2024 on progress of the Cullen fee suggestions. She didn’t present a selected date.

“Work is at present underway on suggestions from the Cullen Fee Inquiry into cash laundering in British Columbia, and we’re working to make sure implementation is as efficient as doable,” stated Conroy.

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Together with the proposals from the Cullen fee there have been greater than 170 suggestions from B.C. government-commissioned reviews courting to 2018 on combating cash laundering.

Peter German, a former deputy commissioner of the RCMP, delivered two reviews for the B.C. authorities, a primary on cash laundering in casinos and a second on different areas together with in actual property and luxurious automobile gross sales. One other report, led by Simon Fraser College professor Maureen Maloney, was delivered on the best way to fight cash laundering in actual property.

In her written response, Conroy stated suggestions within the first German report on casinos are full and the province has accomplished suggestions or work is nicely underway on suggestions within the different two reviews.

Progress has included tightened oversight in gaming, a useful property possession registry, creation of B.C.’s Monetary Service Authority that regulates mortgage brokers and actual property professionals, unexplained wealth orders and new provincial oversight of forex exchanges.

Ron Usher, normal counsel for the Society of Notaries Public of B.C., stated there was some good progress, together with the submitting final week by the B.C. authorities of the primary unexplained wealth order in B.C. Supreme Courtroom to compel property house owners to clarify the place $1 million got here from to purchase a Salt Spring Island home in 2017.

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However Usher, who testified on the Cullen fee, stated a giant problem is whether or not the province can push prison investigations and prosecutions ahead, which have up to now required the help of the federal authorities by the RCMP and the nation’s monetary intelligence gathering company, the Monetary Transactions and Studies Evaluation Centre of Canada, extra generally often called Fintrac.

“If police enforcement by the Felony Code is just too laborious, then we now have to get happening these different issues,” he stated.

He was referring, for instance, to asset forfeiture by civil court docket motion.

Usher stated one other problem is healthier info sharing between businesses that typically will get held up by privateness issues. The legislative authority for info sharing must be found out, stated Usher.

Cullen advisable the brand new policing unit be situated inside the province’s Mixed Forces Particular Enforcement Unit, a 400-member anti-gang company that features officers from the RCMP and municipal forces.

Cullen made the advice to provide the province extra oversight into the brand new unit’s operations and higher flexibility to rent and retain officers and civilian specialists who’ve the information and abilities to analyze cash laundering.

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Sasha Caldera of Publish What You Pay Canada, which advocates for monetary transparency, says B.C. has taken vital steps with the implementation of a public land possession transparency registry in 2021 and a promise to create a company transparency registry by 2025.

“That was massive,” stated Caldera, whose advocacy group was a part of a coalition together with Transparency Worldwide Canada that testified on the Cullen fee.

The general public company registry was a suggestion of the 2019 report on cash laundering in actual property and the Cullen fee.

However Caldera stated each registries have to be free to go looking by the general public. At present, the land possession registry has a search price of $5.25.

He added there additionally must be some type of proprietor identification verification for the registries.

Caldera stated he’s supportive of a monetary crime investigation unit in B.C. however famous there’s additionally an argument to reform and beef up the federal capability to analyze most of these crimes by the RCMP and thru FINTRAC.

Cash laundering has been within the highlight in B.C. since at the least 2017 when a number of Postmedia investigations discovered that Decrease Mainland casinos have been getting used to facilitate the follow. Postmedia additionally discovered that money-laundering prosecutions have been uncommon and troublesome, and that shell firms and nominee administrators have been used to cover property.

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One other Postmedia probe discovered at the least $43 million in properties have been tied to B.C.’s largest money-laundering case, which did not result in a profitable prison prosecution. A 2019 Postmedia evaluation of 12 cash laundering circumstances courting again practically three many years, discovered cash is laundered in actual property utilizing quite a lot of mechanisms, usually with the assistance of shell firms, and involving a number of international locations and banks.

Associated Tales

Minister of Public Safety and Solicitor General Mike Farnworth looks on after an announcement at the legislature in Victoria, B.C., on Thursday, Oct. 5, 2023. Farnworth says the government has filed the first-ever application to secure an unexplained wealth order in Canada.

B.C. makes use of new regulation to demand householders clarify the place they bought the cash to purchase it

Bundles of 20-dollar bills sezied in October 2015 as part of RCMP E-Pirate investigation into money laundering at alleged underground Richmond bank, Silver International.

B.C. introduces measures to fight cash laundering, contains orders to clarify wealth

Home at 3630 Mathers Ave. in West Vancouver, which was one of the properties forfeited by Greg Mulholland.

Anatomy of cash laundering in B.C. actual property: 12 circumstances, $1.7 billion, 20 international locations and 30 banks

ghoekstra@postmedia.com

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