Proceeds of Crime Lawyer Toronto | Defence for Financial Crime Charges

Individual Defence Strategy

A proceeds of crime case may be connected to an underlying allegation such as fraud, theft, drug trafficking, breach of trust, or another indictable offence. The defence therefore needs to examine both the alleged criminal source of the property and the specific conduct attributed to the accused.

An experienced Toronto criminal defence lawyer can review the evidence and determine which issues require attention. Depending on the circumstances, this may include challenging financial evidence, questioning the alleged source of funds, addressing investigative conduct, negotiating with the Crown, or preparing for trial.

What are proceeds of crime?

The Criminal Code defines proceeds of crime broadly as property, a benefit, or an advantage obtained or derived directly or indirectly from specified criminal conduct. Section 354 separately addresses possession of property obtained by crime, while section 462.31 addresses laundering conduct involving property or proceeds connected to designated offences.

What is possession of proceeds of crime?

Section 354 makes it an offence to possess property or proceeds while knowing that all or part of the property was obtained or derived directly or indirectly from an indictable offence. The circumstances surrounding possession, the source of the property, and the evidence concerning the accused person's knowledge can therefore become important issues.

What is money laundering in Canada?

Section 462.31 addresses conduct involving property or proceeds where the person deals with them with an intention to conceal or convert them while knowing, believing, or being reckless as to their criminal origin. The provision covers various forms of dealing with property and provides different potential penalties depending on the circumstances.

Can legitimate money be treated as proceeds of crime?

The legal issue depends on the evidence and the Crown's allegation concerning the source of the property. Financial records, legitimate income, loans, business transactions, investments, gifts, and other documentation may provide important context. A lawyer can examine the complete financial history rather than relying on an isolated transaction or account entry.

Can I be charged without committing the original crime?

Potentially, depending on the specific offence and evidence. Some proceeds of crime allegations concern possession or dealings with property alleged to have a criminal origin. The legal requirements differ between offences, so the absence of an allegation that the accused personally committed the underlying offence does not automatically resolve every proceeds-related charge.

Can police seize money or property during an investigation?

Police may have statutory authority to seize property in appropriate circumstances, including pursuant to warrants or other legal powers. Proceeds of crime investigations can involve significant property-related issues. Defence counsel can examine the legal basis for searches and seizures and advise on applicable procedures and constitutional protections.

What happens if I am charged with money laundering?

The case may proceed through bail or release, court appearances, disclosure, legal review, Crown discussions, applications, and potentially trial. The prosecution will rely on evidence intended to establish the required elements of the laundering offence. Defence counsel can review the evidence and explain the legal options available based on the circumstances.

Should I hire a proceeds of crime lawyer early?

Obtaining legal advice early can help you understand the charge and avoid making decisions without knowing their potential consequences. Complex financial cases can involve extensive disclosure and multiple related allegations. A criminal defence lawyer can review the evidence, identify legal issues, and help you understand the process before important decisions are made.