Has your money-laundering compliance lawyer ever prosecuted Criminal Code offences and in particular proceeds of crime issues or have they only read about it? As an experienced prosecutor and enforcement regulator, Gerry has insight into how regulators approach their cases. He understands how cases are screened for prospects of success and whether they are in the public interest. And he understands how prosecutors and regulators build their case, and the evidentiary onus they face in order to be effective.
If you are involved in the audit process and you believe you are being treated unfairly or if you have received a FINTRAC Notice of Violation (Administrative Monetary Penalty) or Notice of Denial or Revocation for your money service business, you still have options. Gerry can help you assess the viability of a Request for Review by the Director and Chief Executive Officer of FINTRAC.
Additionally, even if you have pursued a review and received a decision of the Director and Chief Executive Officer, you can appeal to the Federal Court if the matter relates to a serious violation or in some circumstances a series of minor violations. Gerry can help you assess whether an appeal is a good option and if so he can be your counsel before the Federal Court.
In either case, the timelines are very tight. FINTRAC requires a written application and it must be thorough and complete when submitted.You must file your request for a Review or commence your appeal within 30 days. This all means that in order to have an effective submission you must act immediately and begin preparing to be able to respond within the timeframe.