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Money Laundering & Proceeds of Crime

NCJ Number
210832
Author(s)
Robert Hubbard LL.B.; Daniel Murphy LL.B.; Fergus O'Donnell LL.B.; Peter DeFreitas LL.B.
Date Published
2004
Length
845 pages
Annotation
This is a practical guide to Canadian laws that address the proceeds of crime and money laundering, including recent relevant amendments to the Canadian Criminal Code and new antiterrorism legislation.
Abstract
The first chapter explores the international context within which Canada's response to the need for crime-proceeds legislation arose, followed by a chapter on Canada's initial crime-proceeds legislation and the new amendments, in order to chronicle the nature, extent, and form of the Canadian approach to the crime-proceeds problem. Chapter 3 profiles ancillary legislation that addresses the proceeds of crime. The next chapter reviews Canada's domestic legislation regarding mandatory financial recordkeeping and the reporting of suspicious transactions. Chapter 5 complements chapter 4 in explaining the obligations imposed by the legislation on various participants in the country's financial affairs, notably, banks, insurance companies, securities dealers, and accountants. Chapter 6 describes crime-proceeds offenses under Canadian law and the associated punishments. They encompass the laundering of the proceeds of crime, possession of the proceeds of crime, and ancillary proceeds-of-crime offenses. Chapter 7 explores some of the special issues raised by crime-proceeds legislation regarding matters of forfeiture, comparing it with similar American legislation. A chapter on investigative methods and procedures compares the traditional search-and-return provisions of the Criminal Code with the general warrant and special search/restraint warrant provisions in other sections of the Code and considers the provisions that deal with offense-related property. Chapter 9 focuses on civil forfeiture of crime proceeds, followed by a chapter on antiterrorism legislation that deals with the seizure and forfeiture of property linked with terrorism operations. The concluding chapter provides practical guidance on how to complete forms related to crime-proceeds legislation. Chapter notes, a table of cases, and a subject index

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