Cash Forfeited As Proceed Of Unlawful Activity

17 May 2006

Nearly $100,000 has been forfeited to the Crown under the Remedies for Organized Crime and Other Unlawful Activities Act (Civil Remedies Act), Attorney General Michael Bryant announced today.

"We are pleased to have this money forfeited," said Bryant. "People should not be able to profit from unlawful activities. A total of $99,000 in cash, seized by Ontario Provincial Police near Kirkland Lake, has been forfeited as a proceed of unlawful activity."

OPP officers were confronted with suspicious circumstances when a large amount of cash was found in the back of a car during a motor vehicle search. On May 15, 2006, the court ordered $99,000 forfeited to the Crown under the Civil Remedies Act.

The Civil Remedies Act authorizes the Attorney General to ask civil courts to freeze, seize and forfeit the proceeds and instruments of unlawful activity to the Crown. Civil asset forfeiture focuses solely on the connection between property and unlawful activity and is not dependant on any criminal charges or convictions. The legislation acts to prevent people from keeping assets acquired through unlawful activity and to prevent assets and property from continuing to being used to engage in unlawful activities.

Disponible en français

www.attorneygeneral.jus.gov.on.ca

Backgrounder

-------------------------------------------------------------------------

CIVIL ASSET FORFEITURE

The Remedies for Organized Crime and Other Unlawful Activities Act (Civil Remedies Act) gives the Attorney General the power to go to court to seek to forfeit proceeds of unlawful activity. The law permits a court, at the request of the Attorney General, to freeze, seize, and forfeit to the Crown assets that are determined to be the proceeds or instruments of unlawful activity.

Under the legislation, the court can grant an interim order to freeze assets pending the outcome of the forfeiture proceeding. Civil lawyers bring actions to court, and if they can prove to the court that the assets in question are the proceeds or instruments of unlawful activity, the court can issue orders forfeiting the assets to the Crown.

In addition to forfeiture provisions, the act allows the court to grant an order for damages or any order necessary to prevent or reduce the risk of injury to the public, where the court finds a conspiracy to engage in unlawful activity that has or likely will cause injury to the public.

Civil asset forfeiture focuses solely on the connection between property and unlawful activity, and is not based on any criminal conviction. By contrast, criminal asset forfeiture permits forfeiture of assets obtained by or used in the commission of an offence following the conviction of an individual.

Forfeited assets are liquidated and deposited into a special purpose account. The act enables direct victims of the crime, the Crown, municipal corporations and prescribed public bodies to submit a claim for compensation or cost recovery against the forfeited assets.

The Civil Remedies for Illicit Activities Office (CRIA) of the Ministry of the Attorney General is responsible for enforcing the Civil Remedies Act. CRIA is recognized nationally and internationally for its precedent-setting work. CRIA has successfully argued all of its forfeiture cases to date.

Forfeiture of Nearly $100,000 Cash Seized Under the Civil Remedies Act

This case involved money found during a search of a vehicle stopped by police near Kirkland Lake, Ontario, in June 2005. Ontario Provincial Police officers were confronted with suspicious circumstances when a large amount of bundled cash was found in the back of a rented car.

The money was seized on June 1, 2005, and on November 28, 2005, the court granted the Crown temporary control of the money.

On May 15, 2006, the Ontario Superior Court of Justice ordered the forfeiture of $99,000 to the Crown, under the Civil Remedies Act. The court found that the money was a proceed of unlawful activity.

Money can be a major motivating factor behind unlawful activity. Those involved in unlawful activities, such as drug trafficking, can accumulate large amounts of cash as profit from their illicit activities. They will try to disguise the illegitimate origins of the money, and convert the cash to a legitimate use. It is estimated that between $5 and $17 billion is laundered in Canada every year.

In Ontario, the proceeds of unlawful activity including fraud, Internet and telemarketing scams, drug trafficking, and marijuana grow operations could be subject to the Civil Remedies Act.

Disponible en français

www.attorneygeneral.jus.gov.on.ca

For further information: Greg Crone, Minister's Office, (416) 326-1785; Brendan Crawley, Ministry of the Attorney General, Communications Branch, (416) 326-2210

Source: newswire

All trademarks and copyrighted information contained herein are the property of their respective owners.