Types of financial crime
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Proceeds of crime
When an investigation into proceeds of crime occurs, it focuses on organized crime groups' illegal financial gains. An investigation will track the flow of money and the acquisition of assets to determine if the goods are gained from illegal activities.
Proceeds of crime might include:
- cash
- cryptocurrency
- properties
- vehicles
- buildings
- boats
- bank accounts
Proceeds of crime vs. offence-related property
Proceeds of crime are the financial gains resulting from committing a crime.
Offence-related property is any property, within or outside Canada, that is:
- involved in the commission of an indictable offence
- used in any manner in connection with the commission of such an offence
- intended to be used for committing an offence
Money laundering
Organized crime groups use money laundering to disguise their profits made from crimes. Money laundering:
- converts proceeds of crime into a less suspicious form
- conceals the criminal origins and ownership of funds
- creates a legitimate explanation for the source of the funds
Organized crime groups try to disguise the money by spending it in ways that make it hard for police to detect.
Common businesses used for money laundering include:
- casinos
- banks
- law firms
- money service businesses/currency exchanges
- real estate agencies
- car dealerships
- jewellers
Both proceeds of crime and money laundering can have negative economic and social consequences, whether strengthening organized crime groups or funding terrorist activity nationally and internationally.
Serious fraud
Serious fraud are fraud cases of provincial, national or international significance, in which one or more of the following elements are present:
- Substantial value and/or financial losses
- Substantial impact on victims
- High degree of criminal sophistication
- Requirement for special investigative expertise
- Municipal, provincial, or federal government are victims
- It is in the public or national interest to pursue an investigation
Examples are:
- Corporate fraud
- Investment fraud
- Securities fraud
- Mass marketing fraud
- Credit fraud
The impacts of serious fraud include:
- economic decline/destabilization of global economies
- threats to the integrity of financial institutions
- destabilisation of democratic processes (for example election rigging)
- financial burden on victims
- emotional and psychological burdens on victims
Capital market fraud
Capital market fraud entails investment and securities fraud, also known as stock market fraud. Together, they encompass a variety of illegal activities and strategies.
Examples of capital market fraud include:
- Insider trading
- Illegal insider trading occurs when privileged, non-public information is used to buy or sell a security.
- Market manipulation
- Involves efforts to artificially increase or decrease a company's share price. Examples include: pump and dump schemes, high closing activities and volume manipulation.
- Pump and dumps
- The fraudulent practice of encouraging investors to buy shares in a company in order to artificially inflate the price, and then selling one's own shares while the price is high.
- Illegal distribution
- A sale of securities to investors that does not comply with securities law trading and disclosure requirements.
- False prospectus
- When a corporation presents a false or distorted prospectus. A prospectus is one of the means by which the public is informed of the soundness of a corporation's venture.
The impacts of capital market fraud include:
- negative market reaction
- the collapse of companies/financial institutions
- financial burden on victims
- costs involved in conducting an investigation
Canadian sanctions enforcement
The imposition of sanctions against foreign states and non-state actors is a key tool for the international community to support peace and security and enforce international norms and laws.
Canada enacted legislation authorizing the imposition of sanctions through the:
- United Nations Act (UNA)
- Special Economic Measures Act (SEMA)
- Justice for Victims of Corrupt Foreign Officials Act (JVCFOA)
Sanctions compliance
Sanctions must be respected by all persons located in Canada and all Canadian persons (both individuals and entities) located or engaged in activities abroad.
Contravening sanctions is criminal
Wilfully contravening or failing to comply with Canadian sanctions regulation constitutes a criminal offence.
Offences are investigated and enforced by the Canadian Border Services Agency (CBSA) and the RCMP.
Under the United Nations Act, the maximum penalty on summary conviction is a $100,000 fine or a 1-year prison term, or both. Convictions on indictment may result in a maximum 10-year prison term.
Under the Special Economic Measures Act and the Justice for Victims of Corrupt Foreign Officials Act, the maximum penalty on summary conviction is a $25,000 fine or a 1-year prison term, or both. Conviction on indictment may result in a maximum 5-year prison term.
Disclosure and reporting requirements
Canadian sanctions legislation requires persons in Canada and Canadians outside Canada to disclose and report certain properties and transactions to the RCMP, specifically in relation to provisions that freeze the financial assets of targeted individuals and entities.
Reporting entities under the Proceeds of Crime Money Laundering and Terrorist Financing Act (PCMLTFA) are required to report to Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) as soon as practicable once they establish there are reasonable grounds to suspect a transaction or attempted transaction is related to the commission of a sanctions evasion offence. Every person or entity that fails to report is guilty of an offence and liable on summary conviction to a fine of not more than $1,000,000.00, as per S. 77(1) of the Proceeds of Crime Money Laundering and Terrorist Financing Act.
Reports can be submitted to FINTRAC via their Voluntary Information Report webpage.
Statistics collected by the RCMP on sanctions related frozen assets
One of the RCMP's roles under Sanctions legislation is to collect reported information on assets owned or controlled by a designated person or entity.
For the most recent figures available, please visit our Reporting of Frozen Assets Under the Special Economic Measures Act page.
Enforcement role of the RCMP
While the Minister of Foreign Affairs is responsible for the administration and enforcement of Canada's sanctions regime, the RCMP's plays a role in enforcing sanctions as part of a whole-of-government approach, that consists of:
- Conducting criminal investigations and enforcing violations.
- Acting as the main point of contact to receive and maintain information relating to disclosure and reporting requirements.
- Assisting Global Affairs Canada with outreach and training activities, intelligence products, and providing support with asset confiscation.
How to report offences, property and transactions to the RCMP
To report sanctions violations to the RCMP, or to disclose and report property and transactions related to targeted individuals and entities, please contact:
- Mail address
-
RCMP Federal Policing Intake
73 Leikin Dr.
Ottawa ON K1A 0R2 - Fax
- 613-825-7030
For further information on Canada's Sanctions Regime, refer to Global Affairs Canada or for inquiries, contact sanctions@international.gc.ca.
Help us combat financial crime
For information on how to report, please visit the Combatting financial crime webpage.
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