Financial crimes, often called “white-collar crimes,” refer to a wide range of non-violent offences that typically involve deceit or breach of trust for financial gain. In Quebec, as in the rest of Canada, these crimes are prosecuted under federal law but may also involve provincial regulatory bodies, especially in areas like securities and tax enforcement.
Financial crimes encompass a variety of illegal acts, including:
These crimes can be committed by individuals or corporations and often involve complex financial transactions meant to obscure illegal activity.
Although criminal law is under federal jurisdiction (the **Criminal Code of Canada**), Quebec has its own enforcement agencies and regulatory bodies that play a key role:
1. Corporate Fraud: Involving false accounting, diversion of company funds, or misrepresentation to investors.
2. Public Contract Corruption: Bid-rigging and collusion in public contracts—heavily investigated by UPAC.
3. Tax Evasion: Concealment of income or false deduction claims, prosecuted under both federal and provincial tax laws.
4. Real Estate Fraud: Falsifying ownership documents, mortgage fraud, or money laundering through property investments.
Financial crimes carry **serious penalties**, which may include:
In Quebec, convictions may also impact professional licensing, immigration status, and civil liability.
A proper defence may involve:
1. Challenging the **intent** element of the offence (mens rea)
2. Demonstrating **lack of knowledge or involvement**
3. Raising issues with **search and seizure** procedures under the **Charter**
4. Negotiating **plea bargains** or diversion programs in less serious cases
Given the complexity of financial crime investigations and the high stakes involved, it is critical for anyone accused of such offences to consult with a lawyer experienced in criminal and regulatory law. In Quebec, knowledge of both the federal Criminal Code and provincial administrative proceedings is essential for an effective defence.
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