Oct. 23, 2024

The Fight Against Crime While Balancing Law Enforcement Powers and Civil Liberties

The Fight Against Crime While Balancing Law Enforcement Powers and Civil Liberties

In this episode, host Greg Dent sits down with Chris Thompson, a former lawyer who now works in the provincial government's financial crimes capacity. They dive into the topic of Unexplained Wealth Orders (UWOs), a powerful tool in the fight against financial crime that has recently been introduced in Canada, starting with British Columbia.

Chris provides a comprehensive overview of UWOs, explaining that they are court orders that compel individuals to explain the source of funds for their assets, even without a criminal conviction. He highlights how UWOs are an important tool for law enforcement, as they help overcome the challenges of tracing complex financial transactions, particularly when it comes to organized crime.

The discussion explores the controversial aspects of UWOs, such as the lower standard of proof required compared to criminal convictions. This raises concerns about the presumption of innocence and the potential for abuse. However, Chris argues that there are safeguards in place, such as the need for court approval, and that UWOs are necessary to prevent criminals from living off the proceeds of their crimes.

The episode also delves into a case study of the successful use of UWOs in the UK, the Haji-Ioannou case, which demonstrates the effectiveness of this tool in addressing suspected proceeds of crime. Additionally, the conversation touches on the practical considerations and future directions for UWOs in Canada, as other provinces may follow BC's lead in introducing this legislation.

Overall, this episode provides a comprehensive understanding of Unexplained Wealth Orders, their importance in the fight against financial crime, and the ongoing debate around balancing law enforcement powers and civil liberties.

Key Takeaways:

·      Unexplained Wealth Orders (UWOs) are a court order that compels individuals to explain the source of funds for assets, even without a criminal conviction.

·      UWOs are an important tool in fighting organized crime and removing the proceeds of

crime, as they help law enforcement overcome challenges in tracing complex financial transactions.

·      The lower standard of proof required for UWOs(reasonable grounds to suspect) compared to criminal convictions is controversial, as it raises concerns about the presumption of innocence.

·    Effective implementation of UWOs requires a balance between empowering law enforcement and protecting civil liberties, with safeguards such as court approval.

·      UWOs have been successfully used in other jurisdictions, such as the high-profile Haji-Ioannou case in the UK, and are now being introduced in Canada, starting with British Columbia.

Transcript
Greg Dent:

Okay, welcome to another episode of The know your



Greg Dent:

compliance podcast. I am extremely excited to be sitting



Greg Dent:

down with a good friend of mine, Chris Thompson. Now, Chris is



Greg Dent:

trained as a lawyer and works for the provincial government in



Greg Dent:

a financial crimes capacity, so I'm his background is wonderful



Greg Dent:

for the conversation about unexplained law focus, but I'll



Greg Dent:

let Chris introduce himself, and then we'll get into the topic.



Greg Dent:

Yes,



Chris Thompson:

I'm a proud former lawyer. The practice of



Chris Thompson:

law was not for me, but it was an interesting venture that led



Chris Thompson:

me to where I am now, which I'm quite happy at. But I mean, if



Chris Thompson:

you guys Google me. You can probably figure out where it



Chris Thompson:

worked. But just as a disclaimer, I am appearing here



Chris Thompson:

in my own capacity and abuse. I'm about to espouse are mine



Chris Thompson:

and mine alone. So



Greg Dent:

all right, you, you have not been sanctioned or



Greg Dent:

officially sanctioned,



Chris Thompson:

correct? Cool, cool, yeah, nor is it anything



Chris Thompson:

we'd actually deal with normally. We wouldn't deal with



Chris Thompson:

these. But it's a personal interest to me so well,



Greg Dent:

I think, and that's actually why I reached out to



Greg Dent:

you in the first place, is the intersection of your



Greg Dent:

professional obligations right now and your background as a



Greg Dent:

trained lawyer and having worked as a lawyer are kind of the



Greg Dent:

perfect intersection for this specific topic. So with all of



Greg Dent:

that being said, the topic today we're going to be talking about



Greg Dent:

is unexplained wealth. Is unexplained wealth orders. And,



Greg Dent:

well, I wanted to have this conversation because unexplained



Greg Dent:

wealth orders are newer into Canada. In fact, new into BC,



Greg Dent:

only at this point in time. But are a really important tool. You



Greg Dent:

know, we spend our world in on the really trusted side. I think



Greg Dent:

we spend our life in deep in fin track and fatfa is big component



Greg Dent:

of unexplained wealth orders. Yes, and so I think there's some



Greg Dent:

obvious kind of reasons for us to be having a conversation. But



Greg Dent:

let's start at the very beginning, because some of our



Greg Dent:

audience won't necessarily know what an explained wealth order



Greg Dent:

some of our audience comes from other provinces. Some Yeah, so



Greg Dent:

can you give us, like a two, three minute intro to what an



Greg Dent:

unexplained wealth order is for a struggle?



Chris Thompson:

So in in one sentence, an unexplained wealth



Chris Thompson:

order is an order from a government or an investigatory



Chris Thompson:

body to explain the source of funds for an asset. And the



Chris Thompson:

context of that is, typically you have investigations that go



Chris Thompson:

into that look into criminal bodies or criminal gangs or any



Chris Thompson:

types of financial non financial crime, and criminals have to



Chris Thompson:

hide the money somewhere. And a lot of the times, the



Chris Thompson:

investigations, for whatever reason, don't result in criminal



Chris Thompson:

charges, or they're hampered in some way, or they can't be



Chris Thompson:

charged threshold, but whatever the case is, but there's these



Chris Thompson:

assets that you're reasonably there's a reasonably sure are



Chris Thompson:

proceeds of crime. I mean, we all know the obvious examples,



Chris Thompson:

the the 18 year old kid at your high school that's driving a



Chris Thompson:

Bentley, right, and mom works at Safeway, and Dad is unemployed



Chris Thompson:

or something like, okay, it does not take a genius to figure out



Chris Thompson:

that that kid's doing something sketchy positive, right? Yeah,



Chris Thompson:

and so fat. If the Financial Action passports is very a



Chris Thompson:

global money laundering and terrorist financing watchdog,



Chris Thompson:

they have said essentially that a country must have a non



Chris Thompson:

conviction based civil forfeiture, unless their



Chris Thompson:

constitution for visit, which is our civil forfeiture of the



Chris Thompson:

civil forfeiture office, which is different than an unexplained



Chris Thompson:

wealth order. But Fauci also says that they should also have



Chris Thompson:

a law that forces someone to explain the lawful origin of



Chris Thompson:

property, interesting. And so this, these UW O's are sort of



Chris Thompson:

newer in kind of a worldwide context, and there's a number of



Chris Thompson:

countries that have started. But as you're saying, Yeah, BC, as



Chris Thompson:

far as I know, it was the first Canadian province to do



Greg Dent:

Yeah. And I mean, from a BC point of view, it came



Greg Dent:

straight out of the column commission, really, yes. If we



Greg Dent:

go back to where the the origins of how we got here are,



Chris Thompson:

I think it was recommendation, like 101 it was



Chris Thompson:

like 99 that I'm saying we need people to investigate stuff. And



Chris Thompson:

then number 101 was,



Greg Dent:

we need a UW, L, we need a new tool in this fight.



Greg Dent:

Yeah. Now I think some of our listeners are probably going to



Greg Dent:

pick up on one of the real challenges, and I think we'll



Greg Dent:

come back to the challenge in a second. But one of the real



Greg Dent:

challenges is there's kind of a presumption of guilt all of a



Greg Dent:

sudden, instead of a presumption really sets, is what, what some



Greg Dent:

would say, yes, yeah. So I think I want to asterisk that up



Greg Dent:

front, because I know some people are going to be just



Greg Dent:

focused in on that, because that's the first thing you hear,



Greg Dent:

yes, if you're not, if you're not thinking through that, well,



Greg Dent:

if you're not looking at that in a bigger picture of broader



Greg Dent:

sense kind of thing, yeah. I think where I wanted to kind of



Greg Dent:

go first though was, Is this a tool that was necessary? I mean,



Greg Dent:

I acknowledge that fat for recommends it and look like as a



Greg Dent:

member of the g7 we started fat for, like Canada has clearly



Greg Dent:

bought into all of this things, whether we've done a good job of



Greg Dent:

implementing a recommendation. Questions that we signed on for



Greg Dent:

in the first place, but many would argue we have not, but



Greg Dent:

that's a that's well outside the scope, but I guess so. One are



Greg Dent:

unexplained wealth orders a necessary tool, and are they



Greg Dent:

being used effectively? Or where are we in that continuum? I



Greg Dent:

suppose that's where I would start. Yeah,



Chris Thompson:

and it depends on what you mean by the word



Chris Thompson:

necessary, like it's it will be an incredibly useful tool, and



Chris Thompson:

it will assist in taking on a lot of organized crime and and



Chris Thompson:

not punishing offenders in the legal sense, but removing some



Chris Thompson:

of the proceeds of crime. But they always say, you know, uh,



Chris Thompson:

crime doesn't pay. Yeah, it does. Actually, it pays quite



Chris Thompson:

well. That's, that's, that's why crime exists. Any, anyone,



Chris Thompson:

anyone who works in any kind of law enforcement agency will tell



Chris Thompson:

you, crime pays very well in the general case, I mean, it's,



Chris Thompson:

we're all doing our best to stop and deter and detect and assess



Chris Thompson:

and disrupt and all those things. But you need tools and



Chris Thompson:

is it necessary? Well, if you want to be able to to take steps



Chris Thompson:

to remove the proceeds of crime, given the legal infrastructure



Chris Thompson:

that we have now, like the charter and all those things,



Chris Thompson:

yeah, I would say yes. I mean, is the world going to collapse



Chris Thompson:

if we don't have them? Yeah, going on. We haven't had them



Chris Thompson:

forever, up until now, and society hasn't collapsed into



Chris Thompson:

energy and chaos. But I think it's an incredibly useful tool,



Chris Thompson:

or could be an incredibly useful tool, and to, again, just assist



Chris Thompson:

in fighting crime in a different capacity, okay? And like



Greg Dent:

just to, I want to really double down and double



Greg Dent:

click on something you just said, which I think is hugely



Greg Dent:

important, crime does pay. Like, that's, oh, yeah, in fact,



Greg Dent:

that's why crime exists. If, if you could go and make billions



Greg Dent:

of dollars selling whatever else, you probably wouldn't sell



Greg Dent:

cocaine. Like, that's crime case, period, full stop. And



Greg Dent:

that's, that's fundamentally why I'm why I do what I do with the



Greg Dent:

company, is because I do believe that by by implementing



Greg Dent:

appropriate controls in businesses, we can actually make



Greg Dent:

a dent in our society and remove some of the crime that that we



Greg Dent:

do see, and I like that, that I'm fully bought in, yes. So



Greg Dent:

that part, I'm on board with



Chris Thompson:

that to some degree, though. That's more of a



Chris Thompson:

preventative thing, like UWS roll out for the fact, well,



Greg Dent:

yeah. But if you, if you can prevent it, if you can



Greg Dent:

make it, yeah, if you make it less likely that people are



Greg Dent:

going to get to keep the keep the money at the end of all



Greg Dent:

this, yeah, that's true. They're they're less likely to to want



Greg Dent:

to do it in the first place. It becomes less appealing. Yes. Now



Greg Dent:

UW owes have been in place in other jurisdictions. Yes. And I



Greg Dent:

know you did a bit of reading into that ahead of time. Maybe



Greg Dent:

walk us through. We were talking about off fire. We were talking



Greg Dent:

about the case in London. That seems like a particularly



Greg Dent:

interesting, useful to illustrate why these are



Greg Dent:

important tools in the fight of in financial investigation,



Greg Dent:

support,



Chris Thompson:

yeah, and that's, I think, one of the one



Chris Thompson:

of the aspects of this being a relatively new thing, is that



Chris Thompson:

it's been used. You start with sort of the most egregious



Chris Thompson:

cases, and you don't want to go with a brand new law the court



Chris Thompson:

and try and test its constitutionality like a



Chris Thompson:

marginal case, right? You want to go in there where the case,



Chris Thompson:

where you literally your brief, can be like, dear court, duh



Chris Thompson:

Stein, the plaintiffs, right? And that seems to have been the



Chris Thompson:

case for a lot of the UWS that I've seen so far. So the



Chris Thompson:

example, I thought a lot of this is, is from a report, and it's a



Chris Thompson:

star Wealth Report, which you can just Google. It's, it's



Chris Thompson:

quite interesting, if you like reading 128 pages on obscure



Chris Thompson:

legal



Greg Dent:

so for listeners, probably do, actually, to be



Greg Dent:

honest. So



Chris Thompson:

Well, probably 100% of the people at this table



Chris Thompson:

do, exactly, yeah. So this is a case. That's the Haji ever case



Chris Thompson:

out of the UK. This was 2018 so there was an a guy who worked in



Chris Thompson:

the government of Azerbaijan. He moved to London, he and his



Chris Thompson:

wife, and over the previous 10 years, so from oh six to 2016



Chris Thompson:

she spent 16 million pounds, about 20 million US at Harris,



Chris Thompson:

which is a luxury department store. They bought a house for



Chris Thompson:

13 point 2 million US dollars, which were expenses that were



Chris Thompson:

vastly out of keeping of what her husband could make in his



Chris Thompson:

own home country. And their house was owned by a British



Chris Thompson:

Virgin Islands BVI company linked to both her and her



Chris Thompson:

husband. So this drew the attention of the UK authorities,



Chris Thompson:

as also her husband, had been convicted in 2016 of



Chris Thompson:

misappropriation and fraud. He got 15 years in jail and was



Chris Thompson:

ordered to pay $39 million and so some of the funnier things is



Chris Thompson:

like she spends $20 million at least $2 million at Herods a



Chris Thompson:

year. And there was one I found she spent, uh. Let me pull it up



Chris Thompson:

here. She spent, I think, 30 she spent 600,000 pounds in one day



Chris Thompson:

on a spending spree. She also spent, I think, like, $30,000 in



Chris Thompson:

one shot to Godiva chocolates. That's



Greg Dent:

a couple of chocolates. That's a couple of



Chris Thompson:

that. Yes, I don't know how long would it



Chris Thompson:

take you to eat $30,000 of Godiva, but that's



Greg Dent:

a pretty high quality job, true.



Chris Thompson:

So not exactly a sympathetic case. And so here's



Chris Thompson:

a case where, okay, this guy's been convicted in, I assume, he



Chris Thompson:

was convicted in Azerbaijan and sentenced in order to prison.



Chris Thompson:

And this woman's later living in London with what are kind of,



Chris Thompson:

obviously proceeds of crime, like, there's, there's no way



Chris Thompson:

this actually buy this money legally. So then the question



Chris Thompson:

becomes, okay, if you don't have unexplained welfares, how do you



Chris Thompson:

prevent this type of of living large based off your crime? And



Chris Thompson:

I mean, she's not convicted of a crime, you know, it's arguable



Chris Thompson:

whether or not she's done anything wrong, like she's just



Chris Thompson:

been given a blank check from her husband, and maybe she



Chris Thompson:

hasn't, but still, this is the person. These are the proceeds



Chris Thompson:

of crime. And if you want to make crime not pay, you got to



Chris Thompson:

go after these types of things. You absolutely have to, yeah,



Chris Thompson:

and so they did, and that was the first case.



Greg Dent:

So you started by talking, and I think we didn't



Greg Dent:

go into the distinction which I'm hopefully vote to make,



Greg Dent:

which is you started by talking about this is an investigative



Greg Dent:

tool, yes, and this case just ended up in what sounded more



Greg Dent:

like forfeiture. In fact. Can we just parse the parse part? Parse



Greg Dent:

apart for our listeners a little bit for a second, the difference



Greg Dent:

there between forfeiture and, yeah,



Chris Thompson:

investigation in some cases. I mean, it might



Chris Thompson:

legally, there's a difference. There might be a distinction



Chris Thompson:

without a difference, for the for the general public, but an



Chris Thompson:

unexplained wealth order, in and of itself, is just an order from



Chris Thompson:

the court for a subject to provide information on the



Chris Thompson:

source of welfare property. So like, Hey, okay, you know, haul



Chris Thompson:

someone out of gym class and get them to explain where they got



Chris Thompson:

the money for their Bentley like that. That's it. It's a court



Chris Thompson:

order. You have to go to court. You have to file a bunch of



Chris Thompson:

stuff, and the court will say, yes, okay, you can make this



Chris Thompson:

person tell you where they got the money from. And that's it.



Chris Thompson:

It doesn't give you the authorization to seize it.



Chris Thompson:

Doesn't give you any other powers. You can't freeze it, you



Chris Thompson:

can't do any of those things. You just have the power to



Chris Thompson:

compel the person to provide the information. And then, if the



Chris Thompson:

information is insufficient, well, there's, then, when I was



Chris Thompson:

looking into that, now, there's, there's three possibilities,



Chris Thompson:

yeah, I



Chris Thompson:

think this is not, yeah. Okay, so court grants the order. Well,



Chris Thompson:

let me back up a sec. So what the what the person has to



Chris Thompson:

provide is an affidavit to the court. So there's going to be



Chris Thompson:

some kind of investigator they have to provide. They have to



Chris Thompson:

swear an affidavit to a court saying, and this is BC specific.



Chris Thompson:

It varies a little bit around the world, but the idea is the same.



Greg Dent:

And I should say, I think we've got a little bit



Greg Dent:

wrong. Manitoba has also introduced them, but hasn't used



Greg Dent:

them yet. Oh, okay, so, but BC is the first to use them, and



Greg Dent:

clearly, directionally, it seems likely that other provinces will



Greg Dent:

follow suit. That's I like to joke that BC lives in the future



Greg Dent:

on the water regular, yep,



Chris Thompson:

so the bleeding edge, yeah,



Greg Dent:

exactly. Yeah, yes.



Chris Thompson:

So if you think you know the high school kids



Chris Thompson:

mentally is proceeds of crime. What do you have to say is on an



Chris Thompson:

affidavit, there's a reason to suspect a person is involved in



Chris Thompson:

illegal activities or as a politically exposed person, you



Chris Thompson:

have to have a reason to believe that the person has an interest



Chris Thompson:

in the underlying property that you're looking to investigate.



Chris Thompson:

The property has to be worth more than $75,000 so you can't



Chris Thompson:

be like, Hey, where's that? Watch from PFO. Like, No. Uncle



Chris Thompson:

counts that. And there has to be one, a serious question to be



Chris Thompson:

tried, that one of these three things are true, that the known



Chris Thompson:

sources of income are insufficient to acquire or



Chris Thompson:

maintain the property. The property was used to engage in



Chris Thompson:

unlawful activity, or the property was acquired or



Chris Thompson:

maintained as a result of unlawful activity. And again,



Chris Thompson:

none of these are beyond a reasonable doubt or even balance



Chris Thompson:

of probabilities. So balance of probabilities is 50% plus one,



Chris Thompson:

yeah, the someone at trial, or fact, a court, whoever has to



Chris Thompson:

find that it's more likely than not that something has something



Chris Thompson:

happened. That's not the standard here. You've got reason



Chris Thompson:

to suspect the person is involved in legal activities.



Chris Thompson:

You have to have a reason to believe that the person has the



Chris Thompson:

interest in the property. And the legal term, serious question



Chris Thompson:

to be tried, basically means it has to make sense what you're



Chris Thompson:

saying, like you can't just ponder stuff up out of thin air.



Greg Dent:

So a lot of our listeners will become will be



Greg Dent:

familiar with the concept of reasonable grounds to suspect,



Greg Dent:

because that's when the threshold for a suspicious



Greg Dent:

transaction report must be filed okay for fin track filing



Greg Dent:

purposes. And so this distinction becomes really



Greg Dent:

important, and really, to me, interesting actually, because



Greg Dent:

what you're saying is that i. Uh, an unexplained wealth order



Greg Dent:

doesn't rise to the same level as a as if I'm if I'm hearing



Greg Dent:

you right anyway, doesn't have to have absolute fact, or



Greg Dent:

doesn't have to be beyond reasonable doubt. No, no, that's



Greg Dent:

interesting.



Chris Thompson:

And that's, again, the civil standard.



Chris Thompson:

There's no There's no jail time. People's liberty isn't knows



Chris Thompson:

liberty is threatened here, so you you don't need that beyond a



Chris Thompson:

reasonable doubt standard, okay? And that's where some of the



Chris Thompson:

controversy comes from. Is people saying, like, Well, hey,



Chris Thompson:

they haven't been convicted of a crime. They haven't been any of



Chris Thompson:

this stuff that the onus to prove your innocence is put on a



Chris Thompson:

person who owns the asset. Now, legally speaking, like



Chris Thompson:

conceptually, maybe that's true, depending on on how



Chris Thompson:

sophisticated your understanding of criminal law is. But to be



Chris Thompson:

found guilty of something, you have to be charged with a crime.



Chris Thompson:

Nobody's being charged with a crime, therefore, you're not



Chris Thompson:

innocent of anything anyway, like you're not guilty, you're



Chris Thompson:

not innocent. There's no possibility of you being found



Chris Thompson:

guilty of something because you're not being charged with a



Chris Thompson:

crime, right? So there's no onus on you to prove your innocence



Chris Thompson:

of anything because you're not being charged with a crime.



Chris Thompson:

There's an onus on you to to show that this property at



Chris Thompson:

question isn't the isn't the proceeds of crime, or at least



Chris Thompson:

that you acquired it illegally. And I guess the



Greg Dent:

debater in me would then say, sure, but if I can't



Greg Dent:

prove that I acquired this legally, the assumption is that



Greg Dent:

I acquired illegally. That's correct, and that is an



Greg Dent:

interesting term from how we normally view a lot of things in



Greg Dent:

Canada. I think



Chris Thompson:

maybe I mean, if you're used to looking at at



Chris Thompson:

things in the criminal context, that's true, yeah. But anyone



Chris Thompson:

who's ever filed their taxes knows that I was hoping it



Chris Thompson:

brings it's all back to tax. I worked as a tax lawyer, followed



Chris Thompson:

up tax there's certain situations in life where the



Chris Thompson:

subject or the person who owns an asset question is really the



Chris Thompson:

only one that can make sense of something that happens. So I



Chris Thompson:

wouldn't expect CRA to file my taxes, because I know what I did



Chris Thompson:

during the year. I know how my accounting structure set up. I



Chris Thompson:

know. Well, I mean, I, you know, earn a wage. It's fairly



Chris Thompson:

straightforward, like CRA could probably be pretty close to my



Chris Thompson:

taxes. But, you know, I own a house and I got rental income,



Chris Thompson:

they're not going to be able to parse through all my bank



Chris Thompson:

accounts and figure out how much I spent on rental maintenance



Chris Thompson:

like they're just not right without outrageous amounts of



Chris Thompson:

efforts. So there's a quote with something like the the taxpayers



Chris Thompson:

in the unique position of knowing all the information



Chris Thompson:

about the subject, right? So what it's the the theory of



Chris Thompson:

these unexplained wealth orders is that it's not practical for



Chris Thompson:

the government to figure out where you got the money to buy



Chris Thompson:

this asset from. Like, that's going to be prohibitively



Chris Thompson:

complicated for someone who has to compel bank records and



Chris Thompson:

transfers and a lot of these assets. I mean, if, if you're



Chris Thompson:

really good at money laundering, the money will come from



Chris Thompson:

overseas, like it's if you paid for your Bentley with a check



Chris Thompson:

drawn on a Panama bank, yeah? Like, good luck, right? It's



Chris Thompson:

going to take us years to figure that out, to be able to track it



Chris Thompson:

down, and we just don't have the resources to do that. Okay, so I



Chris Thompson:

mean unexplained wealth orders are a means to level the playing



Chris Thompson:

field between law enforcement and criminals, because law



Chris Thompson:

enforcement just doesn't have the resources to figure all this



Chris Thompson:

stuff out, but it's very, very easy for someone. Most of the



Chris Thompson:

time we can get into it's not but most of the time it's fairly



Chris Thompson:

easy for someone who legitimately acquired asset, an



Chris Thompson:

asset, to prove how to legitimately acquire it. Like,



Chris Thompson:

if, I mean, I own a house, like, okay, Chris, who I own this



Chris Thompson:

house? How do you bought this house? Okay, well, here's the



Chris Thompson:

mortgage documents, here's the money, here's where I sold my



Chris Thompson:

old house. Here's the bank records where it all came



Chris Thompson:

through. Here's my income for the last like, it's easy, I can



Chris Thompson:

do it in 10 minutes, right? Fair enough.



Greg Dent:

And in fact, going back to the taxes, your your



Greg Dent:

taxes would probably support your case, because that's



Greg Dent:

legitimately where the money came and you weren't trying to



Greg Dent:

hide, yeah, I think you weren't trying to hide any money into



Greg Dent:

that. So, yes, yeah, yes, yes, of course. No, that perfect.



Chris Thompson:

So I think now, sorry, the one part where it



Chris Thompson:

does get interesting is if it's like, I bought this house 15



Chris Thompson:

years ago. Well, I can't get the bank records. No banks keep



Chris Thompson:

records for 789, years. And I don't know if anyone's even



Chris Thompson:

looked at that yet, but the cases in BC are the ones again,



Chris Thompson:

where they're, what are called unsympathetic defendants, where



Chris Thompson:

it's like, well, yes, but yeah, there's going to be at some



Chris Thompson:

point, I think someone's going to say, like, Hey, man, yeah, I



Chris Thompson:

had a great night at a casino in on my 50th birthday, 17 years



Chris Thompson:

ago, and then you I deposited the money as a to the bank



Chris Thompson:

account. But the like, the bank records are long, so that's, you



Chris Thompson:

know, that's a bridge someone's gonna have to cross at some



Chris Thompson:

point. It doesn't sound like a fund bridge track to cross, I



Chris Thompson:

gotta be honest. Well, then the other side of this, maybe then



Chris Thompson:

the government will just think, like. Right? The detractors of



Chris Thompson:

the people who are arguing against this law, they're going



Chris Thompson:

to say stuff like, and it's legitimate that, you know, it



Chris Thompson:

can be abused. Taxpayers may not have the documentation, like all



Chris Thompson:

of that's true in or at least it's plausible, yeah, now there



Chris Thompson:

are safeguards in that this stuff has to go through a court,



Chris Thompson:

like someone in the law enforcement to kind of, like, I



Chris Thompson:

wouldn't be able to just go and see someone Bentley and, like,



Chris Thompson:

start driving it around. Well, thank goodness. And that's I



Chris Thompson:

probably would be able to fit in the Bentley. But anyway, you



Chris Thompson:

know, a lot of the almost any law enforcement power can be



Chris Thompson:

abused, but that's what we have the courts for. And I think



Chris Thompson:

most, most law enforcement agents and most law enforcement



Chris Thompson:

agencies, almost all the time, are trying to do, you know,



Chris Thompson:

proper, defective investigations. And I've, I've



Chris Thompson:

been in situations where I'm like, Okay, well, I asked for



Chris Thompson:

some information. The person's like, Hey, man, X, happened?



Chris Thompson:

It's no one's fault. Like, I had a flood in the basement 10 years



Chris Thompson:

ago. Here's the records. Like, the sewage backed up, like you



Chris Thompson:

want the box, like it's all yours, man. Like, oh, that's



Chris Thompson:

okay. You keep and you give people the benefit of the doubt.



Chris Thompson:

Okay, if there's sort of legitimate reason to, but again,



Chris Thompson:

this is this, UW, Bo, is the one situation while you're not



Chris Thompson:

giving people the benefit of the doubt as a policy, yeah. But if



Chris Thompson:

there's, I think there's different reasons where, if it's



Chris Thompson:

if you've got something that's wildly uncharacteristic with



Chris Thompson:

your income, well, you should have the paperwork, especially



Chris Thompson:

if it's recent.



Greg Dent:

So it's interesting. I think that, like as as we've



Greg Dent:

talked through this, to me the the most obvious use case,



Greg Dent:

immediate use case for this that I think will be interesting when



Greg Dent:

it eventually happens, is there the common example of where real



Greg Dent:

estate brokerages are failing in their contract obligations is



Greg Dent:

when the homemaker or the student buys the west side of



Greg Dent:

house and Anyway, it's such a it's such a cliche example that



Greg Dent:

I think it's almost a meme at this point.



Chris Thompson:

But we've had a few of those where you pull land



Chris Thompson:

title and it's like, yeah, owners, so and so, student, 99%



Chris Thompson:

and then 1% mom in where, right?



Greg Dent:

That question, and now suddenly, maybe that's,



Greg Dent:

would that be a good example of a good example of a case where a



Greg Dent:

nine planned author might be useful



Chris Thompson:

if there's ties to crime? Yeah. I mean, it's



Chris Thompson:

again, it's not, it's not a fishing expedition. Okay, we



Chris Thompson:

cannot just look at, you know, the the government, or whatever,



Chris Thompson:

the civil forfeiture office, or anyone the police. Just can't go



Chris Thompson:

wandering around saying like you are an Aston Martin, tell me how



Chris Thompson:

you know how you buy it. No, if you're just a law abiding



Chris Thompson:

citizen, and there's no reasonable grounds to suspect



Chris Thompson:

them, all these other pieces that you're actually tied to



Chris Thompson:

organized crime, you're not



Greg Dent:

going to get it on its own welfare. If that third



Greg Dent:

part of that three part test that that actually was



Greg Dent:

important, but I think is the part that kind of gives us some



Greg Dent:

comfort and protection, I guess is what you're suggesting. Well,



Greg Dent:

there's



Chris Thompson:

a the the third part is a serious question to be



Chris Thompson:

tried is the non sources of income or insufficient



Chris Thompson:

properties? Yeah? We Yeah. We still have to go to court with a



Chris Thompson:

bunch of facts, right? We can't just show up with some dude with



Chris Thompson:

a shiny thing and say, like, hey, what that shiny thing? Can



Chris Thompson:

you get him to prove to us how he bought it? Like, no, there's



Chris Thompson:

a process to go through,



Greg Dent:

so not a tool of bureaucratic welfare, not that



Greg Dent:

I'm aware of. Okay, yes, yeah. Okay, so I think we've started



Greg Dent:

to cover this a fair bit, and I think I just want to kind of



Greg Dent:

make sure we've addressed it, because I think it's the one



Greg Dent:

thing that people generally kind of get their backs up against



Greg Dent:

the wall, as you quite rightly said, the BC liberties, Civil



Greg Dent:

Liberties Association, sorry, came out pretty hard against



Greg Dent:

unexplainable authorities, yeah. And what's the, what's the case



Greg Dent:

against? And, I guess, what's the, what's the rationale, where



Greg Dent:

I think, where you think this probably passes the smell test



Greg Dent:

that at Port of all, yeah.



Chris Thompson:

So the the case against again, is, like you were



Chris Thompson:

saying, is we have a presumption of accidents, yeah, the general



Chris Thompson:

public writ large has the right to just go about our daily lives



Chris Thompson:

without harassment for police or any investigatory body



Chris Thompson:

generally, right? And the idea is that in order for be this



Chris Thompson:

subject of the scrutiny of the state, they must have some kind



Chris Thompson:

of evidence or probable cause, whatever your standard is, like



Chris Thompson:

that, there are we have, we generally have a right to be



Chris Thompson:

left alone, right? Yeah, and this is a situation where people



Chris Thompson:

feel that your your right to be left alone and your right to be



Chris Thompson:

innocent until proven guilty, that those two things are kind



Chris Thompson:

of being violated, one of the other rights, again, in the



Chris Thompson:

charter, or not in the charter, sorry, but one of our rights is



Chris Thompson:

until proven guilty. Like there's a fundamental concept in



Chris Thompson:

in our criminal system, our criminal systems, and pretty



Chris Thompson:

much everyone's around the world, yeah, that you know, we



Chris Thompson:

would sooner let 99 guilty. People go for free, then put one



Chris Thompson:

innocent person behind bars. And I think that right way to go.



Chris Thompson:

And then it's certainly frustrating in law enforcement



Chris Thompson:

jobs at times, but you know, it's not, it's not supposed to



Chris Thompson:

be easy. It's not supposed to be easy to lock someone up or take



Chris Thompson:

the money or, you know, give them sanctions. And so the



Chris Thompson:

opponents say this concept of we shouldn't have to prove our



Chris Thompson:

innocence, and this concept of basically being left alone by



Chris Thompson:

the state unless we've done something wrong, both of those



Chris Thompson:

are at odds with the idea of unexplained wealth over quite



Chris Thompson:

and like the Azerbaijani lady, has she done anything criminal?



Chris Thompson:

I don't know. Maybe not, like there was no allegations. She



Chris Thompson:

hasn't been charged with anything. She hasn't been



Chris Thompson:

convicted in hasn't been convicted in anything. All she's



Chris Thompson:

done is married some guy who probably extorted millions of



Chris Thompson:

dollars out of whoever, and then she is just living



Greg Dent:

off the luxury. Yeah, she somehow managed to spend 30



Greg Dent:

million of dollars. Well, her husband made about a million



Greg Dent:

dollars in the same period of time, exactly.



Chris Thompson:

Yeah, yeah. And so the the the next step of



Chris Thompson:

that. So my rationale is, my rationale, I think everyone's



Chris Thompson:

rational is, is it, is it conscionable to think that,



Chris Thompson:

okay, just because someone isn't convicted of a crime, that they



Chris Thompson:

should be able to live off the proceeds of crimes, yeah, and



Chris Thompson:

if, like, you take the counter example, like, that's, you know,



Chris Thompson:

brother a and Brother B. Brother B's a drug dealer, earns much



Chris Thompson:

money, buys brother a, a Bentley in a house and all these other



Chris Thompson:

things. Okay, well, do we want to let brother a keep the beta



Chris Thompson:

in the house? I kind of think no. I mean, brother a hasn't



Chris Thompson:

committed a crime. He hasn't done anything wrong. I just



Chris Thompson:

don't think in in sort of a legal system writ large and fat,



Chris Thompson:

if agrees with me, on a worldwide basis, that it just



Chris Thompson:

doesn't make sense, it would offend the sensibilities of most



Chris Thompson:

people, yeah, to see like the little brothers of drug dealers



Chris Thompson:

being able to keep their Bentleys and all these other



Chris Thompson:

proceeds of crime forever.



Greg Dent:

It does make it a bit easier to become a criminal with



Greg Dent:

while you personally might not be advanced if your entire



Greg Dent:

family and the ones you love or whatever will be then, yeah,



Greg Dent:

you're probably right, yeah.



Chris Thompson:

One of the other things you got to think about,



Chris Thompson:

too with these unexplained wealth orders is it? One of the



Chris Thompson:

goals was to really go after the heads of organized crime gangs.



Chris Thompson:

Okay? Because they're typically structured in a way that the



Chris Thompson:

people up at the top aren't the ones going up and committing the



Chris Thompson:

day to day Crimean, but they're the ones that have the the



Chris Thompson:

mansions. They're crimers. Do crime. They crying. You need to



Chris Thompson:

stop crying. Carry on. Yeah. So yeah, the the heads of organized



Chris Thompson:

crime gangs, you know, the money funnels up and and the low level



Chris Thompson:

guys that keep getting that, getting charged with whatever it



Chris Thompson:

is that they're doing, yeah. And if you want to go after the



Chris Thompson:

upper level Echelon people, it's going to be really, really hard



Chris Thompson:

to get everyone to get everyone to flip on the way up. And an



Chris Thompson:

easier way to do it is just take all their stuff, right if you



Chris Thompson:

can prove that all of this stuff, or at least with an



Chris Thompson:

unexplained wealth order, if they're unable to prove that all



Chris Thompson:

of their assets, or whatever assets you're investigating,



Chris Thompson:

weren't proceeds of crime, weren't not proceeds of crimes,



Chris Thompson:

or too many negatives, if the upper, if the upper members of



Chris Thompson:

the if the Crimean can't prove a legitimate source of their



Chris Thompson:

assets, right, then I think it's, I don't think anyone's



Chris Thompson:

going to be against taking toys away from gangsters. Yeah.



Greg Dent:

Well, I think that's, that's probably the more



Greg Dent:

sympathetic approach to this, which is, you know, like the the



Greg Dent:

guy living in the $20 million mansion who has hundreds of



Greg Dent:

people selling little baggies of coke? Yeah, I don't like Coke.



Greg Dent:

Is my thing today, but I've mentioned it twice, being a



Greg Dent:

lawyer,



Chris Thompson:

our stereotypical Yeah, but crap, I



Chris Thompson:

went BMW to damn it. Oh, it's black, but the turn signals



Chris Thompson:

work. I use them all the time.



Greg Dent:

Yeah, so, but anyhow, I think that's that becomes a



Greg Dent:

much more sympathetic argument for general people



Chris Thompson:

to accept. I think, yeah. And one of the



Chris Thompson:

other reasons too is a lot of the times it's really hard, if



Chris Thompson:

not impossible, to get documents from other jurisdictions. Okay,



Chris Thompson:

so if you want to prove that that the particular source of



Chris Thompson:

funds for something was illegitimate and it comes from



Chris Thompson:

Saudi Arabia or Lithuania or, I think the Philippines, don't



Chris Thompson:

quote me on that one, though, like there's some jurisdictions



Chris Thompson:

where various law enforcement agencies in Canada have



Chris Thompson:

agreements with various law enforcement agencies around the



Chris Thompson:

world, both civil and criminal. Criminal, it's typically called



Chris Thompson:

an mlat, a mutual legal assistance treaty. It will take



Chris Thompson:

years, right? Okay? And so if you are a criminal, and you run



Chris Thompson:

your your funds through five countries, and it takes two



Chris Thompson:

years to get an mlat, and take it 10 years to figure out where



Chris Thompson:

the money came from, and that's just not feasible. So criminals



Chris Thompson:

know. Of that, and then they use that. And so these orders are an



Chris Thompson:

attempt to sort of level the playing field between the



Chris Thompson:

criminals that understand the financial obscurity system, or



Chris Thompson:

how to obscure finances, and law enforcement.



Greg Dent:

Which is, which is why? I mean, I guess if I, if I



Greg Dent:

go federal policing, would become a federal policing force



Greg Dent:

who had the tools like unexplained wealth orders is



Greg Dent:

probably better suited to fight some of these transactional



Greg Dent:

crimes, which is what you're suggesting. Well,



Chris Thompson:

I mean, we have federal police, we have the



Chris Thompson:

RCMP. I'm not sure that it's necessarily a lack of policing



Chris Thompson:

effort. I think it's just a function of how the system works



Chris Thompson:

like the international system, yeah, and I know the steps



Chris Thompson:

involved, that was at a conference the other day. They



Chris Thompson:

said it takes, you know, the the investigator has to draft an



Chris Thompson:

order, and then they send it, I think, to crown. And then that



Chris Thompson:

takes a while, and then it comes back with some corrections, and



Chris Thompson:

it goes back and forth, and it gets approved somewhere else,



Chris Thompson:

and then it has to go to some office, and then the office



Chris Thompson:

sends it. It all has to get officially translated into,



Chris Thompson:

like, Dutch or something. But then the lady who does the



Chris Thompson:

official Dutch translations is on a two week kayaking trip,



Chris Thompson:

and, like, I don't know Nunavut, or whatever it was, and so she



Chris Thompson:

has to come back. And then the translation happens, and it gets



Chris Thompson:

sent over to the Netherlands. And then, I don't know whatever



Chris Thompson:

Dutch guy does the translation. Like, it's this, it's nuts. And



Chris Thompson:

I kind of liken it to, this is my standard analogy. Do you know



Chris Thompson:

how tennis? This is how I understand tennis. It used to be



Chris Thompson:

played. So do you know where the numbers in tennis come from?



Chris Thompson:

Like the zero, 1530, 3040, okay, no. So it used to be that when



Chris Thompson:

you started, you both stood at like a line, which, let's call



Chris Thompson:

zero, okay, when you won a point, you went 15 feet ahead.



Chris Thompson:

Oh, and when you won that point, you went to 30 feet, you know,



Chris Thompson:

in that point, you went to 40 feet. And one, when you won that



Chris Thompson:

you won the match. That's kind, I feel that sort of like how the



Chris Thompson:

approvals process in law enforcement works. You start at



Chris Thompson:

line zero, and then you go with your supervisor, and then you



Chris Thompson:

hit the ball back and forth. And eventually you hit a winner.



Chris Thompson:

Then they approve it. You move up to line 15, which is the next



Chris Thompson:

level of approval. Then you hit the ball back and forth a bunch



Chris Thompson:

of times. Eventually you hit a winner. Then you go up to line



Chris Thompson:

30, and then, like line 40 is whatever director of the



Chris Thompson:

institution you're running, who has to ultimately sign off on



Chris Thompson:

this thing, and then who might actually get you somewhere all



Chris Thompson:

of a sudden, or who hits it back. And then you have to go



Chris Thompson:

back to line zero and start over again. That sounds terrible. It



Chris Thompson:

is. Yeah, I have said My job is 80% pretty good, 10% awesome,



Chris Thompson:

and 10% mind. I'm only tedious, and some of that is the mind



Chris Thompson:

Emily tedious part. It's just this endless series of back and



Chris Thompson:

forth right now that's not all the time. That's fairly rare.



Chris Thompson:

Most of the time, the stuff gets touched, like once or twice, but



Chris Thompson:

for something where it's like overseas requests are everyone



Chris Thompson:

knows they're a pain, and they take forever, and it's you're



Chris Thompson:

kind of coordinating among a bunch of different institutions



Chris Thompson:

and dealing with different languages in different time



Chris Thompson:

zones, and it's a pain. So these I explained wealth orders are



Chris Thompson:

kind of a means of leveling that playing field between the



Chris Thompson:

criminals and



Greg Dent:

investigate what right? Okay, and really making



Greg Dent:

the the transactional side of it a little bit a little bit



Greg Dent:

easier, makes sense? Yeah, no, no, that makes sense. Cool.



Greg Dent:

Well, thank you so much. This has been a really, kind of a



Greg Dent:

helpful analysis in unexplained wealth orders. Ultimately, I



Greg Dent:

think why they're important. And I think the case that that they



Greg Dent:

that they may not the civil liberties they might impact, let



Greg Dent:

me put it that way, and ending that whole balance of whether



Greg Dent:

they're good or bad, and necessary or evil or whatever, I



Greg Dent:

think we've kind of hopefully kind of gone through that enough



Greg Dent:

that our listeners gotta get a sense of that. So thank you so



Greg Dent:

much, Chris for for understanding the topic and



Greg Dent:

being willing to spend your time with me talking about it. Happy



Greg Dent:

to be here, and thanks for being also awesome. Thanks. Thank you.



Greg Dent:

Bye.