Criminal Lawyers in Montreal

Lory Zakarian

Financial Crimes Lawyer in Laval

Understanding Financial Crimes Under Canadian and Quebec Law

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.

Facing Criminal Charges in Montreal? Contact Lory Zakarian!


What Are Financial Crimes?

Financial crimes encompass a variety of illegal acts, including:

  • Fraud: (Criminal Code, s. 380)
  • Money laundering: (s. 462.31)
  • Forgery and uttering forged documents: (ss. 366–368)
  • Identity theft and identity fraud: (ss. 402–403)
  • Bribery and corruption: (ss. 119–125)
  • Securities fraud and insider trading: (governed federally and provincially)

These crimes can be committed by individuals or corporations and often involve complex financial transactions meant to obscure illegal activity.

Table of Contents

Jurisdiction and Enforcement in Quebec

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:

  • Autorité des marchés financiers (AMF): Oversees securities regulation and financial sector compliance in Quebec.
  • Revenu Québec: Investigates and prosecutes tax evasion under provincial tax laws.
  • Unité permanente anticorruption (UPAC): Focuses on public sector corruption and collusion.

Common Financial Crime Cases in Quebec

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.

Legal Consequences

Financial crimes carry **serious penalties**, which may include:

  •  Fines (often in the six or seven figures)
  • Restitution orders
  • Prison sentences (e.g., fraud over \$5,000 can lead to up to 14 years’ imprisonment)
  • Forfeiture of assets
  • Corporate sanctions (licence revocation, public disclosure)

In Quebec, convictions may also impact professional licensing, immigration status, and civil liability.

Defence Strategies

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

Final Thoughts

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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3090 Boul. le Carrefour bureau 200, Laval, Quebec, H7T 2J7, CA

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