A New Year…

Posted on by Pete Cross

Welcome to 2024, and I hope the it finds you healthy and happy and full of energy to face life’s winds, in this the year of the Dragon.

I do find that you reach a certain age in life where one spends more time looking backward, rather than looking forward, but let’s be honest, there is no such thing as the good old days. With the new year now in front of us, I feel that we need to spend some time on what is to come.

The easiest prediction is that the cost of living is going up, and house prices, despite the claims of some aren’t really coming down. The cost of policing is also on the rise and will be adding to that cost of living, usually in the form of property taxes. At some point those costs are going to be the subject of debate. In terms of groceries, never fear, Mr. Singh, our Rolex wearing NDP leader has teamed up with our expensively well tanned Prime Minister and is going to go after those bandits of the check out aisles– as soon as he and Trudeau have fixed all of our teeth.

Speaking of policing costs, in this part of the world, the transition to the Surrey Police Service will once again provide many headlines as Ms. Locke does her best imitation of Don Quixote and keeps tilting at the windmills of change in that fair city. Do you remember that this all started in November of 2021? She is clearly committed to the idiocy of her argument and is now spending $500,000 for a poll and advertising to retain the RCMP– despite the recently past legislation and having been removed from the police oversight board. The poll questions are clearly skewed to give her the results she wants, and says that 46% wish to retain the RCMP, 29% want to go forward. Of course, you will see that leaves 25% unaccounted. So they changed the questions around a bit, to show that the majority want the RCMP now. It would be funny if it wasn’t so sad and desperate. It has clearly become personal.

The other counsellors in the city are being surprisingly mum on the subject, and one has to wonder if they are sitting back waiting for the next civic election to get rid of the un-glued Locke and are just using this time to plot the coup. Then there is the RCMP leadership in Surrey who seem to at least be supporting the shenanigans of Ms. Locke –and the RCMP in Ottawa who must be still trying to find Surrey on the map and are doing their best ostrich impressions of hiding their heads, hoping I guess that it will all blow away.

So the headlines and the talk will continue, as the city petition likely heads to the Supreme Court with the city arguing in part, that the Province is limiting their “freedom of expression”. Millions of dollars are going out the door with the duplication of services, not to mention the lucrative consultants and lawyers hovering on the sidelines. No one is moving the needle, and clearly nobody is worried about the cost. The individual officers are trying to make the best of this ridiculous situation. On the positive side, again remember my resolution, the Surrey Police Service with all their present hiring needs, has found the time and put a priority on hiring Ragnar, an Occupational Stress Injury dog.

In terms of sad trends, in the past year, ten officers were killed in the line of duty, mainly in the Provinces of Quebec, Alberta, Ontario and BC. One can only hope that the new year will see an easing of this alarming trend. Police involved shootings are also up; 35 in 2022, 26 in 2021 and 15 in 2020. It would seem that unstable Canadians are turning to gun violence more frequently and it would seem that the police are using deadly force to counter it, also at an ever alarming rate. It is a bit of the old chicken and egg discussion. Is it a matter of demographics, or is there something more sinister afoot? There is definitely no evidence of it changing, nor is there any evidence of people trying to even address the situation.

The homeless situation, sorry, I mean the “un-housed” situation will continue, inextricably intertwined with mental health issues, and rampant drug use. You would like to feel that enough attention is being given to it to force some level of change, but there seems to be no political authority in sight willing to face the wrath of the liberal cognoscenti and the cries of injustice that bellow forth every time someone moves a tent. The Vancouver east side will continue to be a cesspool and an embarrassment in the eyes of the world, but freer drugs is still the current liberal cry, even though it has even proven to be statistically ineffective. So people will continue to die in this Province at the rate of 7 per day, and every month there will be a wringing of political hands asking, what can we do? That too is an easy prediction.

More body cams are being given to the police now. Some will argue that this is great thing, with Vancouver PD being the latest to proclaim their commitment. The advertisers and sellers of the technology, say it will create greater “transparency” and an “increased civility”. However, we all know it began with the cries of the woke and the vocal demand for greater police “accountability”. With little doubt it will probably cut down on frivolous internal complaints, but that comes at a very great price. Winnipeg got rid of their body cams in 2017 because of the $11 million dollars to keep the program running annually. In Baltimore, the city implemented body cams in 2016 at a cost of $11.3 million, four years later in 2020, the cost had grown to $35.1 million. One should be cautious, and realize that there is a lot of money being made by companies in selling these cameras and the enormous infrastructure around it, and also be mindful of the fact that the verdict on their effectiveness has yet to be measured. (I won’t mention the New York officer in Staten Island who had his camera burst into flames while he was wearing it, leading to the recall of thousands of them– because that would be being cynical.)

It seems that in the New Year, we will continue to immerse ourselves in being victims, part of a larger traumatized society, that is always in further need of comforting. Despite all the relative prosperity of this country. If in doubt, here is one of the more recent examples, brought to us by the CBC who search the world over in pursuit of the most needy victims. Two Canadian law professors at Dalhousie University in Halifax, feel that the requirement to verify ones Indigenous status, in other words if you claim to be Indigenous for the purpose of using it as a stepping stone in furthering your academic career, that you shouldn’t have to actually prove the substance of your heritage claim. They say that “the schools proposal, the process of verifying Indigenous heritage, risks re-traumatizing staff, students, and faculty subjected to it”.

In more international news, the National Counsel of Canadian Muslims is calling on the Federal government to remove “a cap on the number of Palestinians that can seek refuge with their Canadian extended family members from the violence in the Gaza strip.” Now, that may be a group that could legitimately argued that they have been traumatized, it would also prove a perfect escape route for any fleeing members of Hamas.

Like death and taxes, an equal inevitably for the coming year is that the size of the Public Service in Canada will continue to grow. In fact it is at a “record high”, and it will cost $151 billion this year, a 31% increase in the last seven years. Coincidentally, more of these dedicated public servants have also been “investigated” for wrong-doing, in fact more than at any time since 2015. Let’s chalk that up to COVID, which is also keeping those civil servants away from a full return to the office.

The dirty money will continue to roll through Canada this year. It is now estimated to be between $46.7 billion to $54 billion, which is the equivalent of the Nova Scotia gross domestic product. According to a recent book entitled “Dirty Money” which has been authored by a group of financial investigators and academics in Canada, their conclusion is that little has changed, and Canada remains a haven for criminals. It has grown so large that it is “corroding” Canada. The FINTRAC president on the other hand, says all good in their office, and reveals that they handed over 2,085 financial disclosures to the police authorities; who apparently have done very little with it, and the information has remained “unused or un-acted upon”.

HQ and O Division of the RCMP will continue in the new year to make headlines. We are still awaiting the sentencing of Cameron Ortis, the once favoured child of former Commissioner Paulson. That was until the Americans caught wind of Mr. Ortis and his international shenanigans, and then let the Canadians know that there was a devil in their midst. He was found guilty of four counts of breaching Canada’s secret laws, in a need to know trial, and his defence counsel was flabbergasted, and will of course launch an appeal. He is facing twenty years.

HQ will continue to prove their commitment to the war on terror, and maybe gain some favourable publicity along the way. They went on full attack mode and went after and arrested a Grade 10 terrorist. A minor, that can not be named, for planning an attack on the Jewish people “by communicating instructional material related to an explosive substance”. How else can one explain the dramatic arrest which was an operational production befitting Broadway, with a perplexed Mom and Dad standing on the sidelines saying, “I don’t know w hat happened”. Clearly, they weren’t paying attention to what their son was doing in his room, and clearly the Federal Mounties treated it as though they were going after the Baader-Meinhoff gang.

O Division also recently charged one of their own. RCMP Constable Yahsif Israel Mane Monter arrested for firearm violations, human trafficking and animal cruelty (in relation to his dog breeding business). He worked previously on Project O-HELIX which was a labour trafficking case out of Hamilton Ontario and apparently drew some ideas for his own business. What happened to the days when cops were just being charged with assault, or impaired. Oh, the good old days.

The RCMP is also starting the new year, proving to be a bit of a leaking ship, either that, or they have come up with a new police operational method which includes announcing when they are going to make “arrests”. The Globe and Mail has been told of an upcoming arrest in the BC murder case of Hardeep Nijar by “no less than three sources”; who also maintain that they have been watching “the suspects” for “months”, and that they will be “laying charges in the coming weeks”. Trudeau was the first leaker, now there are three others. One has to wonder whether the leaks are being orchestrated in order to “stimulate” the suspects into some sort of culpable action? If not, then the RCMP has a serious problem. Undoubtedly there will be further announcements or arrests as the Mounties continue to watch their suspects in the new year.

My personal resolution by the way, is to be less cynical, but I will admit, that like most of my previous resolutions, it is not likely to last. We and I do need to remember that we are not living in the Gaza, or in Eastern Ukraine. Nevertheless, there was a red flag on my Weather Network app this morning– a serious warning, because Vancouver is expecting 1 cm of snow, turning to rain. I began to feel my cynicism meter already flaring.

We need to remember in this new year, even though we are continually drawn into the realm of the disenchanted, that day in and day out, there are thousands of Mounties and coppers doing a good job, or at least trying to do a good job. The media and sometimes this blog spend very little time in exulting the good that is often done quietly and with little fanfare. It is usually less interesting, less salacious, and doesn’t grab ones attention, which is the unfortunate truth of it all.

So where does that leave us for the new year. Are we hopeful, timid, apprehensive, or eager in anticipation? One presumes that it depends on your viewpoint and your circumstance. My guess is that in the end, this year will be like most years, most of us will keep plugging away at what we do, head down, while trying to ignore the craziness around us.

Happy New Year!

Photo courtesy of Doug Anderson via Flickr Commons – Some Rights Reserved

“Double dipping” for China?

Posted on by Pete Cross

There has been a new case surface in the last week or two, which caught the attention of these tired old eyes. It was when the RCMP made a grand national pronouncement that they had arrested and charged an ex-Mountie; William “Bill” Majcher , with two counts under Sections 22 and 23 of the little used Security of Information Act.

The story caught my attention on a number of fronts. First, I knew of Mr. Majcher, but only in passing; secondly, the investigation was done by the Integrated National Security Enforcement Team (INSET), and it was the INSET unit in Quebec, even though it very much sounded like the offences occurred in British Columbia. That seemed a little unusual and could only mean that there were others involved and there was a trust issue. For those that needed to be reminded, INSET is the RCMP agency which is the direct liaison with CSIS (Canada’s spy agency). Therefore one must always be aware that CSIS and thus INSET often work on “political targets”, and therefore their mandate is often at the direction of the government or with the approval of government. There is little to no police independence when talking about either of those entities. So we should also keep in mind that old adage that “one mans terrorist is another mans freedom fighter.”

With this in mind, China and its alleged political interference in recent Canadian elections has been a dominant story and pre-occupation for the last few months in Canada’s mainstream media. The Liberals have been under a great deal of political fire for their handling of the information surrounding the election interference, and their lack of investigation of it. So it seemed slightly more than coincidental that this case against Majcher was brought to the forefront in terms of its timing, and the obvious question as to whether it was being done to ease the pressure on the Liberals. Adding to the suspicion, is that these cases were historical, in that they occurred sometime during the years from 2014-2019. They also had said that this particular investigation had nothing to do with the alleged election interference. INSET says that their investigation surfaced as a result of a “complaint” in 2021, and now in 2023 they were bringing forth charges.

The accused, Mr. Majcher, was a Mountie from 1985 to 2007, some twenty-two years, and “retired” from the Inspector rank from the now defunct Integrated Market and Enforcement Team (IMET); an investigative group which had been mandated to investigate criminal activity in the Vancouver stock exchange and other financial markets. I met Mr. Majcher when he was the Inspector in charge, and we met out of necessity as he was the overseeing officer for an internal investigation that I completed on a Vancouver Police Department matter. He didn’t really pay much attention to the details of my report and signed off the investigation with little to no question. My first impressions of Mr. Majcher stand out now– and have been echoed by many people who knew him during his career. He began by showing me around his rather sumptuous office down on the Vancouver harbour front, and it was impressive from any government employee perspective, with its two storey high windows and its unhindered view of the moneyed yachts. It all turned out to be part of his pitch to me to come to their section, as they were looking for an experienced team leader/primary file investigator at the time.

He was a pretty impressive salesman about the job, but he was an obvious salesman, in that stock broker, car salesman kind of way. I later found out that before joining the RCMP he had in fact been a Eurobond trader. (Eurobonds by the way were one of the first tools developed and marketed to aid in the hiding of funds offshore) He was also clearly intelligent, but his flaw may have been in believing that he was always the smartest person in the room. He was always talking, but not overly concerned with listening. I considered the job at the time because of my interest in economic crime (much cleaner than homicide), but then turned it down after researching it a bit, and learning that the section was having trouble getting their feet off the ground, due to a variety of reasons and legal complications.

As it turned out, Mr. Majcher later got himself in some hot water while with IMET, and he became the subject of an internal investigation in 2005. I was told at the time, that it had something to do with his continuing involvement in the stock market, but I never heard the full story. In the end, presumably rather than face further investigation he “retired”– the always tried and true option the Mounties go to when handling troublesome employees. The public material says that Mr. Majcher in 2006, had already moved to Hong Kong– clearly never one to let the grass grow under his feet.

Like every ex-Mountie who is looking for a double-dipping job, and populate LinkedIn, Mr. Majcher talked up his previous investigational work experience and touted himself as an extraordinary undercover officer who continually risked life and limb in pursuit of the bad guy. His resumé was clearly bloated, but Mr. Majcher in fact did do a good job as an undercover operator on a couple of investigations. In the roles he played he was always portraying “the money guy” — always the salesman. His most famous case was that of the case against Vancouver lawyer Martin Chambers in the late 1990’s. Mr. Chambers during his hey-day was a prominent Vancouver lawyer who was suspected of large scale money laundering for the Russians and the Hells Angels. During a staged video-taped meeting in Florida with Mr. Majcher playing his role of financial underworld figure, Mr. Chambers took possession of $700,000 cash, and provided offers to handle millions of dollars. Mr. Majcher was the primary undercover officer and had led Chambers to believe that he monies were coming from the Columbian cartels at the time. It was a joint FBI-RCMP sting, and it was successful, and Mr. Chambers was sentenced to 15 years and 8 months which he served in an Arkansas jail.

The Chambers case would be the case that Mr. Majcher seems to have used as his plank to build a spring-board into a position in Hong Kong. He described himself as a “risk assessment officer” for the investment banking community, and that he had moved there to “establish an international banking platform on behalf of Hong Kong merchant bank, representing a number of Chinese state owned and non-state owned enterprise clients engaged in overseas capital world activities”. Not only would he bring to the table his extensive investigational expertise, but they would be able to employ “military grade cyber technology” in the pursuit for their clients.

He later formed the company EMIDR in 2016, a “Hong Kong based cyber-security company”. In a video he described himself as “a hired gun to help either large corporations or governments to get back what is rightfully theirs”.

Now most of us can see the salesman oozing out of these marketing pronouncements. But, despite the clear aggrandizement of his capabilities and the obvious exaggeration as to what they could bring to the world of money laundering, nevertheless, Mr. Majcher was indeed tapping into or at the very least trying to tap into a potential gold mine.

And this is where it all gets rather complicated.

It gets complicated in terms of the story line, and it gets complicated in the list of characters who may be playing in the game. First and foremost, this story is about money laundering, at least on the surface. But it is also about the many layers and degrees of inherent corruption. It is a fact that mainland China has had numerous individuals remove monies from their country, contrary to their own laws, as well as ill gotten gains that were taken out of the country from illegal activities. By any measure it is estimated that they have lost billions of dollars over the last number of years. And as you guessed, there have been a few select countries which these suspect individuals have turned to in order to facilitate the laundering of those funds. One of course, high on the list, is Canada, and specifically Vancouver. (do you remember the Cullen Commission?) Another area was along the “Gold coast” of Australia and the city of Melbourne. Their were other locations of interest to these monies seeking a home and the luxury of anonymity such as New York and Chicago. Hong Kong which was a city designated as a special administrative region of China, was heavily involved in the movement of those monies wanting to escape from China, due to its geographic proximity and the lack of foreign exchange controls.

The people who have orchestrated these money movements are now considered by the Chinese government to be criminals. As a result China started two projects; Sky Net in 2015 and Project Dragon in 2019, to track down and try and get back those monies. The latter project focused on the gold coast of Australia and those funds that were being used to purchase real estate. China of course, as Majcher himself stated in an interview, needs to “walk a very fine line”, as to the perception of anyone working for a foreign government. So China smartly formed public/ private partnerships with various firms, who would assist them in tracking down individuals and finding the monies. As expected they went to those with knowledge of the host countries who advertised themselves as having “expertise” in that country along with their “investigative resources”. Enter Majcher and other similar firms, especially those firms staffed by ex-police officers. Mr. Majcher openly said during a television interview that “I have a commercial relationship with entities that are in themselves associated in some form or another with policing authorities in China”.

Of course, most of these ex police officers who have entered this private field, have little or minimal hands on experience, they are primarily being hired because of their “contacts” in policing. Mr. Majcher is not a cyber expert, smashing the keyboard, hacking the demographic data sites to find someone; he is likely just picking up the phone and calling persons in the policing world who do have that information at their finger tips, and are willing to assist them in finding people. Mr. Majcher worked for the most part in British Columbia, ergo his contacts will be in British Columbia and in particular Vancouver, this hot bed for Chinese money laundering in Canada.

Two ex-Aussi police officers, Jason McFetridge and Austin Whittaker, in the Melbourne Australia area who had a similar firm to Mr. Majcher were interviewed about how the plan to recover the funds would come about and how it would be executed. Both maintain that it was a completely legitimate pursuit to get their client’s money back. It was a simple plan, but one that bordered on extortion. They would identify the people with the apparent illicit funds, confront them, tell them they are on to them, and that they needed to sign over their properties to the ex-police officer company. They in turn would then sell the company and send the monies back to China for a fat commission. The obvious inference, should the accused not “voluntarily” sign over the money, was that there would be repercussions for their families back in China, or telling them they face jail time if they ever return to China etc.

Does China have a right to pursue criminals and money launderers? It would seem legally justifiable, but what becomes questionable is of course how they go about it. Do they have the right to have hired personnel threaten people and insinuate sinister repercussions–that strains legality. It would have to be at the very least an inference and not a direct threat. The Skynet project apparently identified over 3,000 people that the Chinese government felt had broken their laws.

It would be easy to say the Chinese are wrong, and this is a step gone too far. And of course, what if the people they are pursuing are not criminals?

Historically Canada, and in particular Vancouver, has a very murky bordering on sinister relationship with communist China.

In 2015 China tried to sign agreements with the CBSA and the RCMP to assist them in pursuing their people of interest. In the late 1990’s Lai Changxing was considered “China’s most wanted fugitive”, a man who had been implicated in several corruption scandals in China involving a large smuggling ring. He evaded arrest and settled in Vancouver, where he was arrested by Canadian authorities, went through a long extradition battle but eventually was sent back to China in 2011, where he was given a life sentence. So at one time, the Canadian government was participating in the very same thing.

There is the Meng Wanzhou matter where a high ranking member of the Chinese establishment and the Chief Financial officer for Huawei was arrested in Vancouver, on behalf of the Americans and was facing extradition. China retaliated by arresting two innocent Canadians as “spies”, Michael Spavor and Michael Kovrig. Meng eventually reached a “deferred prosecution agreement” with the Americans, the charges were dropped, and she was returned to China after having been under house arrest for close to three years. During this time she was given VIP protection to and from court by the Lions Gate Risk Management group, a group also filled with many ex-police officers who also advertise their specialities in “Money laundering and Asset tracing”. Mr. Majcher during this time admits to also being contacted by China looking for some help and monitoring of the case against Meng.

And let us not forget the matter of the ex-Mountie, Ben Chang, who during the Wanzhou hearings refused to testify about his role in the arrest of Meng Wanzhou while an RCMP officer. Since the arrest time, Mr. Chang had turned his old foreign liaison posting with the RCMP in Hong Kong into a retirement job as a senior security officer in the resort casino Galaxy Macau. His last minute refusal cast doubt on the credibility of the government lawyers who maintained that the RCMP did not share any information on Ms. Weng’s computers and mobile phones. Somewhat mysteriously, the prosecutors did not subpoena Mr. Chang. The Galaxy group as it turned out is owned by Lui Che Woo, a Hong Kong businessman who served on the standing committee of an advisory group to Bejing. Mr. Majcher it has been reported to have been at one time Mr. Chang’s supervisor.

INSET has hinted that they are looking at other officers involved in Mr. Majcher’s case. One of the names surfacing is Ken “Kim” Marsh, another ex-RCMP officer, who has written a book about his exploits entitled “Cunning Edge”. Mr. Marsh who has been named as a co-conspirator with Mr. Majcher, but not yet charged, once cooperated with Majcher on cases; and Marsh identifies himself as his “Mountie friend”. In his book Marsh talks about being “hooked up” with Russian millionaire Vladimir Antonov for a “due diligence report” that he charged Antonov $500,000 to prepare. Antonov would later be charged with embezzling “hundreds of millions of dollars from a bank in Lithuania”. Marsh is now seemingly perplexed by his naming in this most recent Majcher investigation. As he says in the introduction to his book, “he gave decades of his life to his work, all in the pursuit of bringing bad guys to justice…for his clients…and society at large”. He doesn’t mention that it was also primarily to make money.

So what are the charges specifically? Section 22 is labelled “preparatory acts” and states in essence that anyone who enters Canada,… or retains or gains access to any information… for the benefit of a foreign entity, a terrorist group, or an economic entity… and then communicates that information to them is guilty of an offence. This section refers back to Section 16, 17, 19 and 20 which get more specific as to whether the information is designed to “harm Canadian interests…or is reckless with that information”. Section 20 deals with using the information in association with a “foreign entity” to “induce, by threat, accusation, menace or violence, any person to do anything or cause anything to be done”. Section 23 is just the “conspiracy” section saying that one can not conspire to do any of the above.

So there is three elements to these offences that need to be proven. Was Majcher working for a foreign entity? Did they obtain information that was being guarded by the government, and finally did they threaten anybody or coerce anybody to take some action on behalf of the foreign entity? In terms of the press briefing by Inspector David Beaudoin they say that the charges surround “preparatory acts for the benefit of a foreign entity and conspiracy”. As stated previously, they began their investigation in the fall of 2021, and it was for the time period of 2014-2019. There are going to be some significant legal hurdles. Does the government of China have the right to pursue persons they consider thieves and money launderers? Are private investigators, indirectly working for the foreign government allowed to make inquiries as to money laundering and attempt to find those persons? America, Britain, Australia and even Canada using various investigational instruments make inquiries constantly for this same purpose. The RCMP and Canada have directly participated in doing the very same thing, but of course they will argue that they and only they are the safe-guarders of that information.

If one is interested in this kind of thing and would like a full view of the extent of the problem, I recommend the book “Moneyland” which the Economist magazine called the “book of the year”, written by British journalist Oliver Bullough. It is a deep dive into money laundering and the people behind it, including the lawyers, bankers and governments that both front face the problem and are part of the problem. The city of Vancouver is featured as a sought after refuge for the kleptocrats from China, Russia, and south Asia and he outlines the number of groups trying to track them down, often frustrated by the lack of government action on the issue. It is such a broad and expansive problem that he argues that it is under cutting the pillars of western democracy.

There is one other aspect of this story that is intriguing. That is the media coverage of this story led by journalists like Sam Cooper changes the motivation behind China. Cooper who is never shy in trumpeting his investigative journalism skills on the subject of money laundering in Vancouver. As it turns out he has admittedly conferred in the past with Kim Marsh on stories such as the Cameron Ortis story; and it would be a pretty easy assumption that he has RCMP sources feeding him information. The interesting part is that his take, and therefore the apparent take of the RCMP is that China is “not interested in getting back their money…only interested in controlling the people in the country”. In other words it is all part of a conspiracy to control the Canadian government through spies and agents.

It is an interesting postulation, but there is little to no evidence to support it. There is no doubt that China has for decades searched out persons and politicians who would speak positively about China and possibly try to influence legislation. While in Security Service in the 1980’s and early 1990’s we were already watching the Chinese operatives in Canada trying to influence politicians. The problem is one of definition. In the U.S. for example, they simply call them “lobbyists”. Here, in this country there is not even a foreign registry set up, so how concerned or worried about it is the Canadian government? In Mr. Majcher’s case, there is much more evidence that China is going after the money, they have always been aggressive industrialists, and there is an abundance of evidence that there that there is a treasure trove of ex- Mounties who are willing to set their flexible ethics aside and give them a hand.

There is politics wrapped around politics in this investigation, and the timing is highly suspicious and of major interest will be who initiated the original complaint. In this new age of ingrained disinformation and when our media seems to have an agenda, it is increasingly necessary to question sources. But, when it comes to unravelling the mysteries of China and its cultural layers, one needs to be very careful indeed. The only aspect of this story that seems to bear out consistently, is that there are apparently plenty of of ex-cops willing to help– for a fee of course.

Photo courtesy of Images Money via Flickr Commons – Some rights reserved

Royal Flush

Posted on by Pete Cross

Transparency in and around the policing world, is like that old Chinese proverb about interesting times; it is both a curse and a blessing.

It is argued by some that the police being allowed to play out of view, operationally speaking, is a good thing. Others theorize that being hidden from public scrutiny allows the incompetent and mediocre to flourish and opens up the possibilities of fraud, corruption and even criminality. Large government regulatory operations often swell into multi-level layers of authority and can become by their very size –opaque.  

Commissions of Inquiry are one of the few times where the policing world and regulatory  arms of government are forced out of the shadows. The Cullen Commission into money laundering in this Province is proving no exception.

There are three main agencies being talked about: the BC Lottery Corporation (BCLC), the government Gaming Policy and Enforcement Branch (GPEB), and the RCMP section— the Integrated Illegal Gaming Enforcement Team (IIGET). What is somewhat unusual in this inquiry is that all three of these agencies, the ones being called forward to present evidence, are staffed either by cops or ex-cops.  

Even more interesting, is that all the personalities are often pointing accusingly at the others. Their probity on full display, but describe having been burdened by their very own agencies and thwarted in their efforts. 

This Commission is also exposing the raw politics of our duly-elected —and their often limp efforts to expose wrong-doing. 

It is putting on full display inter-agency rivalries, conflicting mandates, and bureaucratic duplication. It is shining a light directly at the upper level managers in the RCMP in British Columbia— who it would appear felt that the subject of criminal activity in gaming was very far down the priority list. One could term this Commission as just another chapter in the lack of effort against white collar crime in this country.

The implementation of legalized gambling in British Columbia a number of years ago was met by public concern. Criminality, it has been well documented, often follows the introduction of gambling. British Columbia with its then well established large underground drug industry was a natural fit, ants to a picnic. Despite this obvious corollary, apparently, some under-estimated its eventual massive economic ripple effect. Was this a general lack of effort, or was it something more sinister? That is the root question facing Mr. Cullen. 

It should be said that the vast majority of the ex-cops testifying are shining examples of former police officers. Old school, still able to recognize right from wrong. It is becoming evident as this commission progresses that it was primarily politics and policy which subsumed any effort to thwart organized crime– not the personalities involved. 

At the same time, one could not help be struck by the level of cronyism which affects these regulatory bodies. Find one Mountie and swing a bag of rocks and you will hit another one, pulled up by their brother and sister officers into these Provincial post-retirement jobs. Those that testified, who may have been armed with the best intentions may have been guilty of having on occasion remained silent in the face of obvious wrong-doing. Content to stay within their assigned mandate. 

Gord Friesen and John Karlovec testified on behalf of the BCLC. Mr Friesen gave an overall picture of the workings and mandate of BCLC and this was echoed by Mr. Karlovec.

They described BCLC as being governed by a mandate which was often termed– to “observe and report”. They provided their information to the police through forms called Itrack (ph)reports to: GPEB,  FINTRAC (Financial Transactions and Reports Analysis Centre), CFSEU (Combined Forces Special Enforcement Unit), and to IPOC (Integrated Proceeds of Crime) group. BCLC devised the rules and conducted oversight, but they believed that they were not responsible for the enforcement. 

During this time both Karlovec and Friesen stated that the alternate Provincial agency, GPEB, was always insistent that it was they who were the primary “investigators”. When Friesen was asked about any feedback they would receive from GPEB, the answer was “no feedback….none”. This defies common sense. No information was being forwarded as to any criminal elements that would have been frequenting the establishments that BCLC investigators were in turn governing. 

At GPEB was Larry Vander Graff and Joe Schalk (also both former Mounties). Vander Graff was the Director and Schalk his deputy. Both of these individuals also enjoyed good reputations as police officers prior to leaving the RCMP. 

Peter German (former Mountie) who wrote the initial report gives credit to Schalk for having “nailed it” referring to his understanding of the money laundering problem. However, despite the possibility of GPEB playing a leading role, Schalk on more than one occasion is called out by the others as being a little over bearing in his demand to be seen as the single, go-to investigational authority, and the relationship between GPEB and BCLC floundered. 

In fact, the Ministry of Finance in April 2014 in a management audit, stated that the relationship between the two agencies was “so adversarial it has resulted in dysfunction in several levels within the division of BCLC.”. Years earlier, in 2007 during an Assessment Review by Katherine Tait, GPEB had been called “largely ineffective”. (It was also noted that during this time BCLC won a series of ministerial workplace “awards”)

Meanwhile at GPEB Schalk and the team members were pushing hard for greater funding from government, and becoming quite noisy in pushing back at their governmental masters, asking and possibly demanding  policy and practise changes. They were not so subtly inferring that they could not keep up with the job.  

For their apparent efforts both Vander Graff and Schalk were terminated without cause in 2014. 

There should be no mistake however that despite the individual mandates of BCLC and GPEB, everyone was still pointing at the Mounties as being primarily responsible for overall “criminal” investigation. They were the only ones with peace officer status and the much needed resources. That part was true in theory but in reality it was far different. 

Mounties during this time had become smitten with the term “integrated”. “Integration” had become the poster child, the marketed symbol of cohesion and effectiveness. Along came the Integrated Market Enforcement Team, the fore-mentioned Integrated Illegal Gambling Enforcement Team, the Integrated Homicide Investigation Team, and the Integrated Border Enforcement Team to name a few. 

Over time this exercise has met with very mixed results, some have even been disbanded with some not achieving actual “integration”. The media never caught on, all believing and still believing, that the very title implied a dedication to exceptional effort, co-ordination and unlimited manpower. They could not have been more wrong, especially when referring to the IIGET. 

The sum total of manpower after the formation of IIGET, to deal with the often financially complicated and intricate cases of money laundering— came to a grand total of twelve, with one assigned analyst. None of the personnel had any experience in gaming, but if they were lucky they were sent to Ontario to attend a two week training session. 

S/Sgt Tom Robertson headed this unit and readily admitted in testimony that he had no personal background in gaming, that none of his unit were properly trained, and that the team was spread out over four offices. Realizing quickly that they were severely undermanned and under qualified to take on the more serious money laundering cases, he re-aligned the group to focus on the use of illegal video lottery terminals, illegal bingos, raffles and common gaming houses. 

He underlined the need for political results and to undertake the cases they considered “High” level would risk them getting “tied up” despite that the more serious issues were part of their dictated mandate. During his short stint of about a year, Robertson said there were no prosecutions involving legal casinos other than the identifying of one loan shark who was brought to their attention by the casino security staff. There were no charges even in that single case. 

Robertson at one point talked about the fact that Larry Vander Graff, head of GPEB was worried about “infuriating” casinos and didn’t really want to ruffle any feathers. S/Sgt Robertson after a year, retired himself, and then also became an investigator for GPEB in the Kelowna area, where he stayed for the next nine years. 

Robertson after leaving had turned over the reins of IIGET to the newly assigned S/Sgt Fred Pinnock. Mr. Pinnock during the last few months has loomed large in the media. He has publicly expounded on the lack of effort by all levels in the gaming industry. In fact he asked for but was refused “standing” by the Cullen Commission. His time at IIGET and the build up of frustrations led to him leave the RCMP for medical reasons he testified.  

Mr. Pinnock who is now retired, did not waste his time on the stand and provided some very personal opinions about all that was ailing both in his own unit, IIGIT, and the personalities that made up the other agencies. 

He even outed the inside source who had been feeding the reporter Sam Cooper (now working for Global) who had been doing a series of stories on the money laundering issues in Vancouver. The source was Ross Alderson who was employed by BCLC, left the agency in 2017, and according to Pinnock surreptitiously took most of the in-house BCLC files with him.

Pinnock described having written two separate business case plans, trying to expand his new unit with more manpower and resources, and both were denied, or more accurately ignored.  

He spoke about the fact that IIGET was part of a Consultative Board who were supposedly overseeing all the groups which met twice a year. This group was made up of the CO of E Division, the CEO of BCLC, the Director of GPEB, and Kevin Begg, then the Director of Police Services. He opined that this group was no more than window dressing, a “charade” in his words.

He described issues over mandates between GPEB and IIGET, which became so tainted that he made an application to move their entire unit from the shared office space, which was eventually granted. There were verbal arguments between he and Joe Shalk of GPEB on particular roles which resulted in a “significant enforcement gap”.  He claimed that GPEB never sent any information with regard to loan sharking or money laundering to them or reports of large money transactions. 

Pinnock describes dealing with the upper levels of the RCMP; Supt. Dick Bent, Supt Ward Clapham, Inspector Wayne Hulan and Supt Russ Nash. His immediate boss was Don Adam in the Major Crime Area, but this was during the time of the Pickton investigation which Adam became fully engrossed and therefore Pinnock claims, Adams had little time or interest in the other side of the house and IIGET. 

In another twist, Pinnock who seemed to be talking to anyone who would listen to his plight, was then dating MLA Naomi Yamamoto, who was in 2015 appointed as Minister of State for Emergency Preparedness. It was through her, that Pinnock requested a meeting with Rich Coleman, who was then Minister of Public Safety and Solicitor General. That specific meeting never took place, although Pinnock, again through his now-wife met Coleman on some later casual occasions.

Larry Vander Graff the Executive Director of GPEB, testified that he too brought up the problem directly to Rich Coleman. When describing $10,000 wrapped in elastic and $20 denominations, Vander Graff says that  Coleman’s disingenuous response was that he knows lots of people with that amount of money in their pockets. Vander Graff also talked about reporting to another integrated unit, IPOC(Integrated Proceeds of Crime unit), but that too was disbanded in 2013.

Mr. Pinnock talked about his relationship with Kash Heed, someone he considered a “friend”, who in the Fall of 2009 was involved in the government. Heed besides being a former Superintendent with the VPD and West Vancouver Chief of Police was then an MLA. In 2010 he would go on to briefly become the Solicitor General, but later  had to resign. Mr. Heed’s career, his often outspoken nature and his willingness to get on the soap box has often led him into the firing line. 

In a meeting with Pinnock in the Fall of 2009, Heed said that any increased enforcement efforts in the gaming end of things fell to Rich Coleman. In Pinnock’s recollection of the conversation, he said that Heed told him that Coleman was “all about the money”. The inference being obvious. He went further in this private conversation with Pinnock wherein Pinnock claims that Heed named three RCMP executives who he thought were “complicit”. Pinnock named them as; C/Supt Dick Bent, Al McIntyre and Gary Bass. He said that Heed called them “puppets” for Rich Coleman. Pinnock says he kept no notes about this meeting and during cross-examination he faltered a bit on whether these were the actual words at the time. 

In 2018 Pinnock was apparently convinced that with the German report upcoming, that he may have to play a role in any inquiries into gambling,  Pinnock had a phone conversation with Heed in 2018 and in that conversation Pinnock hoped to have Heed repeat what he said in 2009. This time Pinnock surreptitiously recorded Heed. Legal, yes. Ethical, maybe not.

Pinnock has now turned over three transcripts to the Commission of his conversations with Heed, which are being redacted and people named have been given the opportunity to respond or make an appearance before the Commission. 

During questioning by the other participants, Pinnock said that he was never contacted by Peter German during his inquiry. He admitted to being “disappointed” that he was not called. In viewing and listening to Mr. Pinnock one does get a sense of him enjoying the cloak of a white knight and often his evidence seems slightly tainted by personal animus. His conversations with Heed with regard to Coleman make for headlines, but they are of course nothing more than political gossip. There is no smoking gun, no direct evidence of anything.

The Commission is proving to be a frustrating exercise for any outside observer. British Columbia is emblematic of the rest of Canada where governments at three levels have become enamoured with increased legalized gambling revenues. Not so dutiful to regulation and enforcement. 

The abilities of governments to pass laws, set up committees, regulatory bodies, or “consultative” boards is their strength. Coffee, bottled water, and chicken wraps flow through the various government committee and board rooms of Federal and Provincial ever growing bureaucracies. The laws and the regulations are often drawn up with little regard for enforcement or oversight. When confronted with the need for action these government groups often flail about drowning in a sea of jurisdictions, interpretations, mandates, and the large bureaucratic structures become a hindrance unto themselves. 

In this case, three regulatory bodies were joined —supposedly in the fight against money laundering. 

BCLC has 900 employees in this Province, in 2013 there were the equivalent of 3600 full time equivalent jobs at GPEB.  IIGET, the agency responsible for the criminal aspect, was allocated by senior management in the RCMP a whopping 12 untrained officers. In addition the three groups didn’t get along and literally stopped talking to each other. The lack of operational results was maddeningly predictable.

As of November 2020, Ken Ackles (also a former RCMP officer), who headed GPEB in 2013, testified that he did not know of any single conviction for money laundering to date.

Clearly there are a few people who gained during this mayhem. Organized crime of course; ex-cops looking for a somewhat lucrative 2nd income, and now the more then 41 lawyers sitting on this Commission. 

Government revenues have exceeded $3.1 billion.

Somewhere, therein lies both the question and the answer. 

Photo courtesy of www.davidbaxendale.com via Flickr Commons – Some Rights Reserved

Editorial Note: At the time of this report, Kash Heed has yet to appear to defend himself, nor has Rich Coleman, or the RCMP named managers.

Systemic Corruption

Posted on by Pete Cross

Insidiously, it seeps just below the surface,  swirling in and around every level of the Canadian mosaic. Currents of malfeasance, some large, some small, quietly percolating. Lapping endless waves of cronyism, nepotism, parochialism, patronage, influence peddling, graft, and embezzlement. 

In some countries it is prevalent to the point of being part of a daily existence; places where all daily activities take into account the need to pay forward the corruption.  In the other more “privileged” or affluent countries, like Canada, we smugly point at those living in that third world of undeveloped and often corrupted governments as we shake our heads in disbelief at the levels of criminality. 

The problem with corruption, besides the obvious, is that the slow trickle of misconduct eventually begins to erode societal morals and principles. It begins to gnaw at the very bonds of society.  We, as a society, need to believe in the stability and honesty of a government and those that have been appointed to lead.  We hope that there is an inferred sense of fairness in the vital portions of our society. 

Without it, discontent with one’s position in that society begins to fester. Discontent is followed by disbelief—  one begins to question the “system”.  If doubt in the system gains a foothold, this further undermines the structural pins of decency and respect. 

There are some that contend that systemic corruption combined with the gradual extinction of the middle class is the biggest problem currently facing the democracies of the West. There are some that believe that if not addressed it could indeed prove fatal to our current system of government. 

After all the power of corruption is absolute. One only needs to watch the now besieged authoritarian government in Belarus. This corrupt government which has been led for 26 years by the authoritarian Alexander Lukashenko is now in retreat—the streets now teeming with violent protest. 

Lukashenko pronounced an election victory— one that was clearly rigged in his favour —proved to be a final and ultimate straw for the citizens of that country.  His government’s corrupt practises over the years has now launched daily protests of 200,000 people. As many as 7000 have been arrested and detained as he clings to power and calls on his ally Putin to come to his aid.  Europe’s “last dictatorship” is now in rightful peril. 

Clearly there are levels of corruption around the world. 

Tradingeconomics.com actually compiles a “corruption index” of countries. Belarus, surprisingly considering its problems, is only 66 on the list of 180, 1 being the best, and 180 being the worst. (Somalia has the distinction of being the worst and Denmark is listed as being the least corrupt country in the world)  

Canada is number 12 on the list. (We were 9th in 2016) but due to its slight deterioration Canada is now considered a country “to watch” alongside Saudi Arabia and Angola.

On the surface this seems like a good number, but how do we measure corruption in this country? Let’s consider some recent Canadian examples. 

The underground economy in Canada is estimated by Statistics Canada to be about $45 billion— $16 billion in Ontario alone. Current estimates suggest that this “irregular” economy may account from 10-25% of reported Gross Domestic Product, and that this illicit part of the economy is actually now growing faster rate than the GDP. 

In a poll a couple of years ago, a group of Canadian executives found that twenty per cent of these business leaders believed bribery and corruption were “widespread in this country”.

Recently, in British Columbia the Money laundering Inquiry is for the first time officially looking into what most people have known in this Province for a long time; that illicit funds have for many years been continually funnelled into real estate and high end vehicles; millions of dollars using the casinos as an easy conduit.  

Criminologist Stephen Schneider said that “while criminal organizations have traditionally laundered the proceeds of crime as part of their broader operations, separate money service businesses are now facilitating them”. He goes on to describe the Vancouver “model” which centres around “professional money laundering”. He flatly states that British Columbia is simply “an attractive place to do that”.

When describing financial crimes like securities fraud or stock market manipulation Schneider said that Canada “has never been very good at addressing them”. In summing up an overall picture he describes the obvious “low-hanging fruit” which is the street level drug trade;  but the real danger occurs “within commercial crimes that may be committed by corporations and private businesses that appear legitimate”.

Another recent example which is slowly falling from public view is the SNC Lavalin affair. We should remember that this large Canadian once reputable organization pled guilty to fraud for work in Libya and has now agreed to the paying of a $280 million fine. They were caught having paid $127 million in bribes and laundered millions to win contracts in Libya. A large chunk of that money, some $47 million was paid to Saadi Gadhafi, son of the late dictator Moammar Gadhafi.  Suffice to say that this Canadian company was playing with the upper echelon of the world criminal sphere. 

The RCMP in Canada has over many years systematically dropped the proverbial ball in terms of pursuing these “white collar” types. But this lack of effort can not be totally blamed on the police. The prosecution services, the financial regulators and the corporate world are at the very least guilty of astounding willful blindness. 

As an example, in 2008 and in 2014, the Financial Action Task Force, a relatively unknown but influential international standards setting body called out Canada for a “significant set of deficiencies” specifically regarding our ability to determine the “true owners of private corporations”. This is referred to by accountants as “beneficial ownership transparency” and is the key factor in tracking down financial criminal activity and corruption. Our collective blindness once again at fault.

Finding corruption is in fact quite easy. Just follow the money. Pots of money will always draw the flies, those perpetrators and opportunists along with the ethically challenged corporate insiders. 

The criminal hawks are continually circling. Let’s consider the recent CERB cheques in Canada.  They have gone out to 7.8 million individuals. Statistics Canada then quietly noted, that even though 7.8 million people benefitted “only 5 million Canadians -employees and self-employed people–either lost their jobs or began working less than half their normal hours”.  Even with limited mathematical skills one can easily calculate that this  leaves one with a potential of 40% of the claims being fraudulent. With the announcement of no due diligence required, the fraudsters had to be salivating. Sadly, it has become equally clear that many Canadians have no problem in trying to “rip” the system. 

This leads us to the reverberations out of the WE scandal in Ottawa.  This drew in our own Prime Minister, the Minister of Finance and the Chief of staff of the Prime Minister. 

The Finance Minister, whose daughter was working for WE, and the Prime Minister whose wife, mother and brother had all been paid by the WE brothers in some form— apparently didn’t even know enough about business practises to understand the concept of recusing themselves.  Their sense of entitlement blinded them in their own deceit.  

It was also revealed recently that the WE executives referred to Mr. Morneau as a “bestie” in some back and forth emails. This same Minister quickly remembered, while walking to the very Committee hearing, that he “forgot” to pay back $40,000 in expenses for two rather dubious trips. 

At the time of this blog, Mr. Morneau has now been pushed to the curb, but undeterred is applying for the job of the head of the Organization for Economic Cooperation and Development. One has to wonder how that that job application will skirt around a couple of sticky ethics investigations, but pay no mind, because the Prime Minister is going to vouch for him. 

Mr. Trudeau, for his part, in the style of a tin pot dictator has now “prorogued” the Canadian Parliament, stopping all the activities of Parliament until September 21st. An apt parallel would be if you imagined Trump shutting down the Mueller inquiry. 

It effectively shuts down the various Committee investigations that were going on involving WE and the Liberals. 

But what may be the most disturbing to this writer is the lacklustre enthusiasm for pursuing the offenders in this country. What is it about the citizens of this country where there is no outcry against the white collar criminals?  No outrage or demand for accountability. 

This is a country that applauds the Hells Angels on their toy run, turning our heads from viewing their daily practise of extortions, and torture.  Beatings and killings of the innocent and the promulgation of the sex worker industry or the drug trade is ignored, as long as there is a stuffed bear attached to their handle bars. 

There was a massive outcry in the United States, cameras traipsing behind mediocre actress Lori Loughlin who was convicted in a nation wide college entrance exam cheating scandal for her involvement in getting her  “gifted” kids into University. The U.S. and Canadian media coverage was endless. 

While in this country, businessman, philanthropist, BC Sports Hall of Fame and former CFL’r David Sidoo was found guilty in this same scandal of cheating to get his two sons into college in Boston. He paid $200,000  to have a professional test writer use false credentials to impersonate his two sons to write their SAT’s. He even flew the fraud artist in to write one of the high school exams for one of his sons. Has there been massive shaming, has there been any calls for his removal from the Hall of Fame? Crickets. 

Commissioner Lucki, meanwhile remains in seeming isolation,  effectively distancing herself from the Coronavirus and any investigation involving the Liberals.  One should not expect anything to come out of the Ottawa RCMP corridors in terms of any investigations of wrong doing while under her oversight.

Remember when Ms. Lucki was asked about the investigation of obstruction involving the Prime Minister and the SNC Lavalin controversy? She replied that the RCMP “takes all investigations seriously, and investigate to the fullest”. That was in September 2019.  

Ms. Lucki is proving herself to be a plodding one trick pony. Diversity is clearly her one and only issue. It will also likely prove to be her swan song.

So what does the future hold. Well, the only thing for sure is that Canada on the afore mentioned corruption index is likely to slip further down the ratings. 

Canadians are now becoming a bit closer to Belarus than to Denmark. 

Photo courtesy of Christopher Dombres via Flickr Commons – Some Rights Reserved

“Follow the Money”

Posted on by Pete Cross

I have a clear mental picture of on more than one occasion, sitting around a conference room table, a new homicide case fresh in hand, and debating the merits of one course of action over another. Discussions would eventually come around to one of the items that needed proving; namely, motive.

When the motive was not clear, a reliable side-kick would invariably jump up and holler: “Follow the money!” We would all laugh both because of the manner of the exclamation which had been said with such ferocity, but also because of the obvious nature of what was being proclaimed.

If you want to find crime in this country, this Province, or in your towns and cities, truer words were never spoken. You only need to “follow the money”. This would seem patently obvious to almost everyone who is paying attention. What is less obvious maybe, is whether or not in this country, we actually care. And by “we” I mean Canadians in general, and the police in particular.

Having never seen polling with regard to the views of the general population in terms of their level of concern it is hard to make some definitive statement about the views held by the country as a whole. So this is more of a question than an answer.

However, when it comes to the police the preponderance of the evidence suggests that in fact the police don’t care, or if one was more generous, have chosen to make commercial crime the lowest rung on the ladder of operational policing.

From the police officer trying to avoid the call for a “fraud cheque” or the misuse of a credit card, to the upper management of the municipal, Provincial, and Federal forces who demonstrate an innate ability to ignore the economic crime swirling around them. Their internal view seems to be that since the public is not complaining, why worry, after all it doesn’t “trend” and paper cuts do not make as good a television snippet as assaults and car crashes.

To be sure, the problem of economic crime is complicated. White collar crime in Canada like other countries includes a broad range of offences which can and do include: fraud, bribery, Ponzi schemes, insider trading, embezzlement, cyber-crime, money-laundering, identity theft and forgery.

White collar crime is itinerant, moving easily across boundaries, from city to city, Province to Province, so it becomes necessary to co-ordinate multiple agencies and their variety of investigative groups. The investigations themselves become entangled in this web of jurisdictions and interests. Each agency have different levels of priority, different levels of expertise, different Crown counsels, and different levels of financial support. Stymied in most cases by their own current policing structures.

There are many levels to this blanketing economic cloud– ranging from large national in scope cases, such as SNC-Lavalin or the Bre-X mining scandal of 1997; to the more common such as identity theft and forgery. In between are layers of administrative, political, and government fraud in the millions of dollars.

If one just considers the world of the “scam“, the number of ways the public is being fleeced is only limited to one’s imagination: on-line purchase scams, wire fraud, romance scams, employment scams, crypto-currency scams, shady contractors, and fake invoices. And if you think that these are small problems, they estimate that $19 million was taken in, just in romance scams.

The RCMP and the Financial Crime Unit according to their own web site tells us that we should rest assured as the RCMP is mandated and “contributes to the security of the Canadian economy and seeks to protect Canadians”( take note of the terminology in that they are only “seek”ing and “contributing”). 

The RCMP themselves are also quick to point out that the primary responsibility for things such as fraud, rest with other jurisdictions and they in effect often become an “assistance” agency.

The RCMP have three parts in their weak arsenal aimed at combatting this “growing” problem; the Commercial Crime Branch, the Proceeds of Crime Branch, and the aggressive sounding Financial Action Task Force.

This latter Task Force is actually a policy-making group, Canada being one of a total of 37 other countries. They are there “to set standards and promote effective implementation of legal, regulatory, and operational measures…”. They are apparently geared to “generating the necessary political will to bring about national legislative and regulatory reforms..”. One of the areas often referred to is the need to disrupt money laundering around the world. Suffice to say that in that world, they are not doing a great job in Canada at the moment.

So while this Task Force is circling the globe attending meetings, that leaves us with the Commercial Crime Branch, and the Proceeds of Crime Branch.

Commercial Crime again according to the RCMP web site maintain 27 offices throughout the country. In terms of the work being generated it seems to often mention the need to build “awareness” and develop “strategic partnerships”. This is government language code found throughout the bureaucracies for not doing much at all. They boast of their “many successful public awareness and enforcement initiatives. ” They claim to have 450 officers in those various offices and their site features a photo of a business suited offender wearing handcuffs. But, trying to find actual examples of their “enforcement initiatives” is more difficult.

In 2019 a business and accounting firm, MNP LLP released a “Fraud Aware” study where they reviewed some 200 criminal fraud cases throughout all of Canada, in Ontario, Quebec and British Columbia. BC had the highest loss levels with a total of $14.3 million. What is noteworthy in this figure, and keep in mind that we are only looking at fraud charges, is not the amount of loss, but how little that their efforts amounted to. In the recent study into money-laundering in B.C alone, regulators are now estimating that $1.7 billion went through B.C. Lottery Corporation accounts with large amounts funded by loan sharks and criminal bank drafts.

Fifteen Ponzi schemes in this country amounted to losses of $549 million. Two cases of stock manipulation by themselves amounted to $87 million in losses.

The scarier figure is that they estimate that less than 5% of the fraud was reported in this country. They also indicated that civil procedures were “often timelier and routinely more effective” than reporting the matter as a a criminal offence. This is combined with lenient sentencing in Canada, unlike China where there is a possible death penalty, or even the United States where in 2002 they passed Sarbanes-Oxley act, and punishments were increased in light of the Enron scandal.

In the above studied cases, it should be added, 70 percent of the convictions asked for restitution, but the recovery rate was a mere 29%.

Many financial and legal experts that have for decades been outraged by the lack of effort in this country to combat “white collar crime”.

Spencer Lanthier, in receiving an award as a Corporate Director of some note, said in his remarks, “this city, this Province (referring to Toronto, Ontario) this country has a reputation of being the best location to carry out white collar crime, corporate fraud in the industrialized world”.

In a report on investment fraud in 2014, the Canadian Foundation for the Advancement of Investor rights reached some damning conclusions. They alleged that little data is kept on either fraudsters or their victims, enforcement agencies were not talking to each other, and that the public’s reporting rate was “extremely low”.

The police are now often seen as leaning towards giving up and spend more time trying to get out of these cumbersome, lengthy, and tedious investigations. Some argue the laws are insufficient and the burden of proof too steep. (In Ontario, the police were reportedly telling business people who had been victimized by fraud that they should investigate it themselves and that they were not interested in any event unless the fraud was over a $1million)

You need only to scratch the surface in this country to find the seedlings of suspicion.

If there is any activity involving millions of dollars, or even billions, that is where you will find the criminal and corrupt lurking. Let’s take a few of the bigger possibilities; the marihuana industry, the construction industry, or in large pipeline and hydro projects. Let’s also glance into the government funding behind large infrastructure projects, the millions being given to the indigenous, or lotteries and gaming. It seems that if there is a pot of money there will also be those willing to stick their hands in regardless of entitlement.

And in speaking of gaming, in British Columbia, we may finally be given a chance to look into gaming in this Province and the subsequent laundering of monies. It has been a long time coming, but great hope is being put into the upcoming inquiry by Justice Cullen. This writer is hopeful, but not entirely optimistic.

Cullen has a good reputation, but one must remember that he was formerly a Regional Crown and Assistant Deputy Attorney General when the NDP was in power from 1991 to 2001 before being named Judge.

He is a friend of the NDP, so count on them going after former Liberals, but not so sure the NDP themselves or their friendly compatriots will come under any pressure. Cullen, was a prosecutor for 20 years so we will have to wait and see if he thinks there is criticism needed from the effort or lack of effort put in by the police. Nevertheless, it is one of the few inquiries in recent memory where the “white collars” may be on the run.

Peter German in an interview described money laundering as the “back office for organized crime”. Will they go there? How far will Justice Cullen dig? Only time will tell.

Another group, Transparency International reported on how financial disclosures rules in this country allow “opaque corporate and land registries”. They reviewed ownership of the top 100 residences in Vancouver with an asset value of close to a billion dollars and found that over half had “murky ownership”. Their report was titled “No Reason to Hide” and concluded that Canada has become “a destination of choice for white collar criminals”.

It is bit of an understatement to say that the enormity of the problem in Canada is staggering. We point out countries like Mexico or the Congo as countries of extreme corruption. One wonders if the only difference is that we are just a little better at keeping it under cover.

The citizens of this country seem to see “white collar” criminal acts as less than other crimes. Sociologist Edwin Sutherland, in 1939, defined “white collar crime”as a crime “committed by a person of respectability and of high social status in the course of his occupation”. Maybe our complacency comes from the fact that we see it as partially victimless and partly as smart people “outsmarting the system”. After all we still applaud the person who avoids paying their fair share of their income taxes.

In a recent report, the Conservative MP Peter Kent launched a public complaint against the RCMP for their clear lack of effort in pursuing the fact that Liberal PM Justin Trudeau had been the beneficiary of three private family trips to visit the Aga Khan, the billionaire philanthropist. Trudeau had already been found in breach of four sections of the Conflict of Interest Act, yet this was not enough to prompt a criminal inquiry apparently.

Commissioner Lucki reached new heights in obfuscation when she stated that the RCMP could not “productively pursue an investigation” (my italics).

The Aga Khan Foundation Canada by the way has received over $330 million over the years of Federal support.

Economic crime is insidious and slowly eating out the inner core of this country. The levels of distrust and the growing narrative is that every public and private entity may be corrupted, and it is causing everyone to question some of the fundamental precepts of a functioning democracy.

The U.S. is already beginning to crumble. Trump is proving to be a threat to the very foundations of the U.S. constitution, not because of what he says or what policies he enacts, but because of the the level of corruption which he is fomenting. The stink of corruption is leaking into the Department of Justice and the Federal Bureau of Investigation, and has led to misuse of Congressional funds and the firing of bureaucrats who refused to be corrupted. (In another aside, there is really no Whistleblower protection in this country)

Canada may be even in a worse position with its lack of interest. A massive wake up call is needed and enormous monies and resources are needed to be spent to correct the decades long complacency in this country.

So far, there does not appear to be any political appetite from any party to begin to address this growing pandemic which is built on a belief that we are somewhat immune, somewhat removed from corruption. We follow the plane returning Canadians from China like the press helicopter following the Bronco driven by O.J. but show little interest is what is going on right in front of us.

As this blogger writes the Ottawa Citizen is reporting on former Commissioner Bob Paulson and some questionable billing for his services. It seems that Mr. Paulson’s firm, the lofty sounding Independent Investigation and Review Services billed $116,286.95 for three months work; roughly $1933.00 per day, for him and two others to “review material”, to “develop an interview plan”, conduct interviews, and of course “parking” and “mileage.”

Was this a major significant inquiry, well no, it was to do with a City counsellor for Ottawa and his inappropriate behaviour to some employees. Normally that would type of investigation would fall to a person in the Human Resources Department.

As was said earlier, scratch the surface, and just “follow the money”.

Photo courtesy of 401(K)2012 via Flickr Commons – Some rights reserved

Alas, the Emperor has no Clothes…

Posted on by Pete Cross

In British Columbia, or E Division (just for this blog we will let the E stand for Emperor) there has been one area of investigation where the RCMP has been woefully inadequate, for at least a couple of decades, whether one wants to measure it statistically or in terms of impactful effort.

In the last couple of weeks, that weakness has been revealed and underscored once again, this time by the NDP government and former RCMP Peter German, in a report on money laundering, a significant sub-set in the general category of financial crime.

Inside the police community it has been well known for quite some time, that the RCMP has ignored “white collar crime”, both in term of the allocation of funds or personnel. An often quoted inside joke amongst members in talking about job transfers, was throughout their career how they had ducked and avoided being assigned to the the “fraud” section. A small reflection perhaps, but this attitude of avoiding the financial investigative groups in terms of a possible career, is not a phenomena of the last couple of years.

The growth of internet crime in the 1990’s has thrown fuel on to this constantly burning flame and left Canada with a reputation of being a safe harbour for the financial criminal. This type of crime has often been portrayed as the “victimless” crime, after all the only ones being hurt were those cold-hearted bastions of industry– the banks. The police held this view for the longest time, equally guilty of looking the other way, the problem not worthy of serious examination or study. Even today, in terms of “strategic priorities” you will find it listed fifth, right after “youth” and the “indigenous”.

This lack of a concentrated effort has now been exposed once again, this time spurred on by a new found public and media interest who have taken to conflating money laundering with inflated real estate prices. Of course, there are many fundamental economic issues causing high prices in Vancouver but the one that seems to grate on the middle affluent is the thought of illegal monies from mainland China driving up the price in real estate or on luxury cars. Of course, there are also direct links to drug dealing and therefore the opioid crisis, the other hot button issue. The monies have been traveling through the only pipeline they seem to be able to build in this Province, the one of elastic bound $20 dollar bills pushed through the conduits provided by the casinos.

In the lastest instalment BC Attorney General David Eby called a press conference to discuss a finding of Peter German in his 2nd report on the subject in this Province. Eby claimed to have been so shocked by an early edition of these latest findings that he felt it necessary to go to the public now, not waiting for the entire 2nd report.

So what was the shocking revelation for the NDP?

Well, Peter German being the intrepid former RCMP officer that he was, decided to ask how many officers were actually on the job in terms of investigating money laundering?

The answer: Zero.

Now, one would think that this information would have been known before this time, as it seems like an obvious avenue of inquiry, even for us lesser informed. At the beginning of this inquiry it would have seemed logical to search out who the investigative experts were in the field? Apparently not.

The original answer of course was not zero.

We would not be able to identify the RCMP involvement, if they did not, at the very least try to cover or fudge the actual numbers, hoping of course that there was only the one question; no follow up, no probing allowed.

The RCMP answer to German was that there was 26 “positions” .

German knows the code of when the answer is “positions” and knew enough to then ask, well how many were actually filling those 26 positions?

Answer 11.

German decided to dig further and asked of those 11 how many were actually on the job?

Answer 5.

And those 5 that were actually showing up to work, he persisted, what were they doing?

Well, long pause, they are just packaging and referring all files to the Provincial Civil Forfeiture group.

Thus the secret was out of the bag. Afterword, if you had listened closely and put your ear to the ground outside Green Timbers, you would have heard the sound of bodies scrambling in and out of conference rooms, frantic terse phone calls, the bumping together of the police and political brains entrusted with these matters — stumbling and mumbling on how could they justify such an apparent illustration of lack of operational effort.

Even for those adroit at media manipulation in the “Strategic Communications unit” must have been struggling, proposing spins that at the very least would have been difficult to say with a straight face.

Bill Blair (who had apparently been warned by Eby and given an early copy of the report) started off by admitting that indeed there had been “significant cuts” in some of the Federal units. Then his political survival senses kicked in, and the Liberal godfather of pot began his spin: “We have made very significant announcement in Budget 2019, restoring the RCMP capacity and making significant new investments in intelligence gathering and furthering steps that will facilitate investigation and the prosecution of money laundering offences”. So in translation this means; yup, we haven’t been doing anything so far, but look out now, we are coming with guns blazing.

Assistant Commissioner Kevin Hackett who is becoming remarkably proficient with this kind of yarn spinning, no doubt through un-wanted practise, came up with a buzz worthy comment calling the report and the findings only a “snapshot in time”. If it was indeed a snapshot it must have been taken on a Polaroid One Step.

But like Blair, Hackett when prompted feels the need to beef up his response. He said that the report “didn’t capture all personnel who are involved in cases where money laundering is a component”. He goes on to say that there are over 40 prioritized “projects” underway, and guess what, they found out that “8 of them involve money laundering.” One wonders what standard may be in play here. For instance, a drug dealer being investigated who has a house or a car, could be referred to as being a possible “money laundering” case, using this criteria.

We should also point out that it would be somewhat negligent to not understand a bit of Peter German’s former history with the RCMP. Just six years ago, German was a high ranking officer in the RCMP, the Deputy Commissioner in fact, and as such was at one time technically overseeing financial investigations throughout Canada. He was in charge during the time of the Integrated Marketing Enforcement Teams. Remember them? They were “equipped to respond swiftly to major capital market fraud”. It was by any measure a total flop with three cases brought to court during their first nine years in existence. In essence these positions have been now rolled into the BC Securities Commission, but the RCMP still have a difficult time in providing an adequate minor level of trained officers.

In his 31 years with the RCMP, German did use his time wisely, earning an MA in Public Policy and a Phd in Law from the University of London. He apparently transitioned into an expert in the area of money laundering, wrote a book on it in fact. So someone at the 2nd highest rank in the RCMP (and was rumoured to be in contention for the Commissioner ) and was responsible for areas such as money laundering, did not make a dent in this problem or more importantly did not at least become vocal about the issue while in a policing position. But now, retired and running his own consulting business he has been hired to write a report on the problem of money laundering and throw dirt at the Mounties for their lack of effort. This is not to day say that this makes his report of little value, Mr. German is a well respected learned fellow, so quite the contrary, but one has to appreciate the irony.

Those of course are just the Federal job positions. What has the Province been doing? Well the Liberals being the party in power for most of this time in question have many questions that need to be answered, and the NDP is for the most part still able to feign ignorance.

Ex-RCMP and whistle blower Joe Schalk was the Senior Director of Investigations for BC’s Gaming and Enforcement Branch and was reporting this issue for many years, as early as 2012.

This branch at the time reported to the B.C. Lottery Corporation who would have received many of the reports issued pointing out the problem. They apparently didn’t like the attention it was getting and inevitably the relationship between the two groups began to deteriorate.

In April 2014, the Ministry of Finance conducted a review of BCLC and concluded that the two groups had become dysfunctional and “adversarial”. They recommended a full review of the entire Corporation. Meanwhile, in 2014 Schalk was fired for his efforts, a victim of the old management game very prevalent in this Province, that if you don’t like the message shoot the messenger.

Even with this kind of attention and concern, BCLC, according to German, was still accepting government awards for their exemplary performance.

Schalk was finally exonerated in German’s report for “nailing the issue” and continues to speak openly about the issue, even calling for a full public inquiry. The NDP are still holding back on such an inquiry, no doubt worried that if they let “it” hit the proverbial fan, how much is going to blow back on them.

As said earlier, this is all just one component of a much larger problem in this Province and in this country which has taken root and many can share in the blame; besides the police, Federal and Provincial governments, Crown Counsel offices.

In a recent poll, 36% of Canadian organizations say they have been victimized by white collar crime.

There is the fallacy that most of this crime is too sophisticated to detect, when in fact 61 % of that crime is done by a perpetrator inside the organization. The cost for this; 1 in 10 organizational victims are in excess of $5 million.

According to Criminal Intelligence Service Canada, organized financial crime, including debit and credit card fraud, totals over $5 billion per year. That works out to a cost of roughly $600 per family in Canada.

Canada has produced some famous fraudsters in the past; Harold Ballard the now deceased but former owner of the Toronto Maple Leafs, who was convicted of 47 counts of tax evasion, Alan Eagleson the hockey agent, and Conrad Black who in 2007 was convicted of using $60 million in company funds. Mr. Black, now apparently reformed, writes a column for the National Post.

Among the 35 member countries of the OECD (Organization for Economic Cooperation and Development) bid rigging, cartels, and collusion are estimated to add 20% in costs to any government procurement initiative around the world.

Suffice to say, it is fair comment that there are some financial crime issues in Canada, not just British Columbia.

The RCMP web sites are misleading and have not been updated if one was ever trying to untangle and look behind this bureaucratic veil of secrecy. There are still references to IPOC (Integrated Proceeds of Crime) who on their site point to successes in 2006 and 2009. They are references to IMET (Integrated Market Enforcement Team) which have virtually disappeared, many members re-assigned, some others melding into the BC Securities Commission. IPOC was reviewed back in 2010 by Public Safety Canada and described their operations being severely impacted by “partners leaving…vacancy…staff turnovers..and recruitment issues..are all contributing to less than optimal performance” . It wasn’t working even then.

The RCMP still list having 27 Commercial Crime Sections across the country. They don’t really.

Re-organization in the RCMP has become a dogma, which has been combining and mutating with aggressive promotions and the push to specialization. It has been in full swing over the last number of years and German even makes reference to 2013 as being one of the recent turning points in this current system.

To understand the depth of the problem, one has to understand the depth of the re-organization, and the vast number of personnel involved.

There are four groups of agencies involved with the potential to be involved in money laundering and other associated financial crimes. The RCMP, CFSEU-BC, OCABC, and JIGIT. (Never doubt for a moment the policing ability to come up with acronyms- JIGIT being a personal favourite)

The RCMP has a Federal group named the Federal Serious and Organized Crime Unit (FSOC). It is in this group that you will find a series of Teams and officers (a team usually being about eight). It was about 2013 that various separate departments, drug sections, commercial crime sections etc. got rolled under this Federally controlled apparatus. Operational direction and the assigning of priorities began coming from Ottawa, national priorities were going to outweigh local or Provincial authorities.

Two of the teams in this FSOC deal now with Financial crimes and supposedly have some expertise in the money laundering field. Of course this is the group that German was told had 26 positions, but there were only 5 actually working, and those 5 were simply bundling up investigations and passing the information to BC Civil Forfeiture (yes, another group).

Sources estimate that there is about a 30% vacancy rate Canada wide in the Federal positions being overseen by Ottawa, and this staffing problem is clearly causing major disruptions in any consistent effort in any of these specialized fields.

Besides FSOC and the RCMP, then there is the CSFEU-BC (Combined Forces Special Enforcement unit) whose primary mandate is gangs and gang activity. In addition there is OCABC (Organized Crime Agency of BC), a Provincial organization which is the new iteration of the old CLEU (Combined Law Enforcement Unit). Confused yet.

Wait, there is still JIGIT which is the Joint Illegal Gaming Investigation Team. This was formed in April 2016 and consists of 36 police officers and over 200 civilian personnel. They claim to have 8 active investigations. At first glance, no matter what file/member ratio you may employ, this seems pretty light.

CSFEU-BC and OCA-BC are both managed by a Deputy Commissioner of the RCMP; in this case, Mr. Hackett. So you can see why he feels the need to defend. In his defence he very cleverly talks about the investigations inside CFSEU (40 ongoing investigations) thus avoiding outing the Feds.

The Senior Management team has representatives from all of the agencies, OCA, RCMP and CFSEU.

CFSEU and OCABC has over 400 officers and civilians.

When you consider the number of personnel involved in all these groups combined, it would seem difficult to argue that the number of officers is insufficient.

What may be the crux of the problem, what the issue at its core may be more simple at least in broad terms.

The RCMP has a now ingrained inability to be forthright; the inability to say things were tried and didn’t work, the inability to speak to their political masters and say there is not enough resources to be all things to all people. The no job too small or “doing more with less” is a never ending conundrum that leads nowhere.

Like all government groups, failure is not and can not be an admitted option. Everything is always a success, no matter how dismal the effort or how big the lie. Honesty about their lack or strength of effort has been side-lined and obfuscation is the media tool.

They just can not bring themselves to admit that they can not do it all. They are no longer capable of being a one stop shop on the Federal or Provincial level. When you combine this with low priority being given to financial crime, with the concurrent need for highly specialized academic personnel, what results is a smorgasbord of uncoordinated piece meal investigational files on all levels. Any substantial efforts are being frustrated from the very start and often met with failure. (You will note that we haven’t mentioned the most recent abject recent failure in the Silver International Investments case, which deserves attention on its own)

Throw in governments always in flux who are continually altering the political priorities, a dis-connected Ottawa, insufficient funding in both the needed technology and personnel and a recalcitrant justice system and you end up with zero prosecutions.

The same number now apparently working on money laundering.

Christine Duhaime, an financial crime and money laundering specialist with Duhaime Law said “It’s pretty serious, it’s saying there is no oversight and no real enforcement in this area for the whole province–it’s a little bit crazy”.

A telling snapshot for sure, let’s hope that someone, sometime, takes a look at the issue with a little longer lens.

Photo via Flickr Commons by Andrew Kuchling – Some Rights Reserved