@DouglasTodd ‘People are dying’ — Canada must expose dirty money now

Longstanding issue:

In authoritarian countries, Canada has a reputation for having the weakest anti-money-laundering laws in the democratic West.

So, with the recent crackdown on Russian oligarchs who prop up Vladimir Putin, experts say it is urgent that Canada finally and rapidly make it possible to track the trans-nationals who secretly ship ill-gotten money into this country through a process dubbed “snow-washing.”

Corporate lawyer Kevin Comeau, an expert on money laundering, says “it’s terrific“ that Prime Minister Justin Trudeau has announced an agreement with NDP leader Jagmeet Singh to speed up the deadline for a publicly accessible registry to identity the real owners of companies, particularly those invested in real estate.

It was three years ago that Trudeau first promised a national corporate ownership registry, which would be searchable by name. The Liberals slated it to be up and running by 2025. Now, in the light of Russia’s invasion of Ukraine, the pledge is that the registry will be active by next year.

Even though Comeau thinks a national ownership registry, loosely modelled on one recently started in B.C., could actually be pressed into place by the end of this year, he is hopeful the federal government will meet its 2023 deadline — because “people are dying. There’s a lot of political pressure on them.”

Such registries, which reveal the true owners of corporations, trusts and property, are the only way that Western governments can follow through on their high-profile promises to sanction corrupt billionaires and others who benefit from being cronies of ruthless strongmen.

A working ownership registry that can identify and lead to the seizure of illicitly held assets in Canada — which should have been put in place years ago to stop dirty money pouring into the nation’s real estate — “will put pressure on the oligarchs and in turn pressure on Putin to stop this war,” Comeau said.

“There is a huge incentive for persons from authoritarian regimes to get their money out and send it into a western liberal democracy that has the rule of law, which protects against arbitrary confiscation” by volatile leaders, said Comeau, who has produced reports on money laundering for the C.D. Howe Institute, Transparency International and other organizations.

“Why do they pick Canada? Of the large western liberal democracies, we have the weakest anti-money-laundering rules.” Britain, the U.S. and European Union nations are far ahead in monitoring and sometimes targeting the real owners of laundered assets.

The Economist magazine has found that Russia, which last month invaded Ukraine, has the most billionaire oligarchs who are cronies of autocratic leaders. Russia is followed by China, which has a stronger presence in Canada through trade, international education and immigration. Saudi Arabia, Iran and many other regimes also have rich citizens seeking offshore havens to hide their tainted money.

Ownership registries should have been up and running much earlier in Canada, said Comeau. But somehow, many Canadians bought the idea that global money-laundering and tax evasion is a “victimless crime”, and that it’s useful to have foreign money, even the proceeds of corruption, flow into an economy.

Slowly, however, more Canadians have been realizing it is “a horrible thing,” especially for housing affordability.

“In the past few years, people have become aware there is a real problem of laundered money coming in from around the world and entering our real estate market. That has been driving up prices for Canadians, such that many persons couldn’t afford to buy a home in the cities and towns which they grew up in,” Comeau said. “It’s the first time in Canadian history that middle-class persons, as a group, cannot purchase homes in their own cities and towns.”

And taxpayers don’t have to worry about the cost of setting up federal and provincial registries that will make it possible to expose shady owners of corporations and properties. On the contrary.

A public ownership registry creates a “massive weapon” against oligarchs, kleptocrats, human traffickers and tax evaders because it is the key to seizing their assets, including properties they might have held for decades.

“It’s a huge source of revenue for the Canadian government and the provinces. It can bring in many, many billions of dollars. You’re talking millions of dollars to set up a registry. You will probably bring in a hundred-fold more by having a registry in place. Just by (seizing) 20 houses, you’ve paid for a registry many times over.”

Since Comeau is among those who are calling for a “pan-Canadian” registry system that includes the provinces, which have jurisdiction over real estate, he praises the B.C. NDP for helping lead the way by last year creating a beneficial housing ownership registry.

Even though B.C.’s registry has a few weaknesses, Comeau said they are fixable.

With a bit more spending, he said, B.C. could remove the $5 paywall for each search, provide a line for tipsters, require third-party identify verification, and make sure foreign passports written in non-Latin scripts, such as Russian, Chinese and Arabic alphabets, are translated into English.

In addition, Comeau said, people found to make fraudulent entries on any Canadian registry should be subjected not only to fines — “which are often just the cost of doing business” — but to potential prison sentences.

With such reforms, Canada and the provinces would no longer be known around the world as a “snow-washing” capital.

Source: Douglas Todd: ‘People are dying’ — Canada must expose dirty money now

Lawyers say they should be excluded from money laundering policies in B.C.

Really? “Better call Saul:”

Two groups representing lawyers say their profession should be excluded from any government regulations aimed at fighting money laundering in British Columbia in order to protect the confidentiality of the lawyer-client relationship.

Kevin Westell made joint closing submissions at a public inquiry into money laundering on behalf of the B.C. chapter of the Canadian Bar Association and the Criminal Defence Advocacy Society.

The bar association representing 7,000 lawyers in the province is also concerned about suggestions that there is a high risk of money laundering inherent in the work of lawyers, Westell told the inquiry as it wrapped up on Tuesday.

The province announced the launch of the hearings in 2019 after three reports outlined a money laundering crisis fuelled by billions of dollars being funnelled through the gambling, real estate, horse racing and luxury car sectors as well as the illegal drug trade.

The inquiry heard from 198 witnesses since hearings began in May 2020.

Westell told inquiry commissioner Austin Cullen that his ultimate recommendations could significantly affect how lawyers do their jobs and the extent to which members of the public will continue to feel confident that their dealings with lawyers would remain strictly confidential.

The Canadian Bar Association maintains that the proper approach to dealing with concerns about money laundering in the legal profession must be through ongoing self-regulation to ensure that lawyers aren’t forced into a situation where they’re spying on their clients, he said.

The groups’ concerns about potential infringement of confidentiality as part of solicitor-client privilege as well as the independence of lawyers stem from findings in one of two government-commissioned reports on “dirty money” authored by Peter German, a lawyer and former RCMP deputy commissioner.

German said in the second report that lawyers in B.C. are at high risk of being targeted by money launderers, not only because they are exempt from financial reporting, unlike notaries, but due to the risks that are part of dealing with real estate transactions.

“Lawyers are the ‘black hole’ of real estate and of money movement generally. With no visibility by law enforcement on what enters and leaves a lawyer’s trust account, many investigations are stymied,” German wrote in the March 2019 report.

He also said the “no cash rule” governing the acceptance by lawyers of no more than $7,500 is limited in its effect because it does not prevent someone from giving tens or hundreds of thousands of dollars in cash to a lawyer for bail money, or for fees and expenses.

However, Westell said German offered no suggestions on how third-party reporting of cash and suspicious transactions should be handled.

“An external reporting requirement for lawyers would inevitably breach solicitor-client confidentiality. Cash and suspicious transaction reporting would require documentation and disclosure of the source of funds to a party outside (the Law Society of B.C.),” he said.

Criminal defence lawyers are particularly concerned that the government and police may take increasingly invasive anti-money laundering measures that could be unproven in their effectiveness and “unfairly trample on the rights of British Columbians,” Westell said.

However, lawyer Toby Rauch-Davis, who represents a coalition that includes the group Transparency International Canada, told Cullen that lawyers, bankers and accountants should be included in any policies in order to allow for public scrutiny of how the advice of those professionals could be sought by criminal enterprises involved in money laundering.

“A finding that accountants and other professionals pose no money-laundering risk is akin to the kind of wilful blindness that led us to these proceedings,” he said.

“Given the fact that there can be no public scrutiny of the solicitor-client relationship, there’s an enhanced public interest in having complete transparency on the measures that the law society takes to ensure lawyers are not facilitating money laundering.”

The commission’s terms of reference say Cullen’s final report is due Dec. 15.

Source: Lawyers say they should be excluded from money laundering policies in B.C.