National Post

British Columbia court justice managing probe has tough task

‘Dirty’ money inquiry draws broad interest

- DOUGLAS QUAN

RICHMOND, B . C. • Pity the commission­er overseeing the inquiry into this province’s problem with “dirty” money.

The enormity of the task before Austin Cullen, a B.C. Supreme Court associate chief justice, to investigat­e the scope, impact and causes of money laundering in B.C. was on full display Thursday night at the resumption of the inquiry’s public comment phase.

In a hotel conference room filled with about 100 people, speaker after speaker — armed mostly with anecdotes and personal observatio­ns — pressed the commission­er to investigat­e money laundering’s reach into casinos, residentia­l constructi­on, money transfer services, massage parlours, real estate and the undergroun­d “birth tourism” industry.

Some speakers tied the laundering of money to the housing affordabil­ity crisis, while others linked it to the opioid and overdose epidemic. They cast blame on corrupt municipal politician­s, corrupt provincial politician­s ( daggers were mostly thrown at the previous B. C. Liberal government), under- resourced police investigat­ors and incompeten­ce at FINTRAC, the federal agency responsibl­e for monitoring large cash transactio­ns.

Stepping up to the podium, speaker Ken Mclennan expressed surprise so many people had taken an interest in such a cumbersome mess.

“I really am impressed when I see the turnout for such an onerous issue that’s a big black eye for the history of Canada,” he said.

The yearlong inquiry was spurred, in part, by a pair of scathing reports by retired RCMP deputy commission­er Peter German. His first report in 2018 described how, for years, casinos had unwittingl­y served as “laundromat­s” for the proceeds of organized crime. A second report this year noted how opaque ownership structures in the real estate market provided a “veil” to conceal money laundering and how luxury car dealers reported buyers bringing bags of money or using multiple wire transfers to purchase vehicles.

A separate provincial expert panel estimated that up to $ 5 billion was funnelled through B. C.’s real estate market last year alone.

Not everyone was convinced of the need for an inquiry. Former B.C. attorney general Wally Oppal, who presided over the missing women inquiry in 2010, told CBC News earlier this year one question needed to be asked: “Is there anything more we can learn” that wasn’t covered in the reports?

German told the Post this week that while inquiries can be costly, they can find fault, which his reports did not do.

“Money laundering is the back office of organized crime,” he said. “We’ve known for a long time if you wish to attack organized crime effectivel­y, often times going after money is the way to do it.”

The inquiry was announced by Premier John Horgan in May, saying the magnitude of the problem was “far worse than we imagined."

So far, standing has been given to several organizati­ons and individual­s, including the B.C. Real Estate Associatio­n, the B.C. Lottery Corp., BMW Canada, and the Law Society of B.C., to participat­e in evidence hearings starting next year.

For now, the commission is still in an explorator­y phase, seeking the public’s input to key questions: How is money laundering manifestin­g itself ? What have been the consequenc­es? And what are the solutions?

Despite that framework, things went off the rails during the first public meeting last month, according to Vancouver Sun columnist Ian Mulgrew. One speaker, he wrote, went on a rant about how his idea to build skyscraper­s as a way to stop urban sprawl had been rejected by crooked politician­s. Another speaker, a profession­al poker player, said he was targeted by gangsters, including the Filipino mafia, the Vietnamese mafia, the Chinese gestapo “and believe it or not the North Korean spies.”

At the start of Thursday night’s public meeting in the Vancouver suburb of Richmond — which one speaker dubbed the “gateway” for money laundering because of all the “cars, jets casinos, mansions” — Cullen implored speakers, who were allotted a maximum of 10 minutes, to make sure their remarks “align with our mandate, which is money laundering.”

Despite the admonition, the breadth of topics covered over two hours was unwieldy.

John Roston, a member of a local advocacy group, Farmwatch, railed against “non- farmers” who were being permitted to build mansions atop farmland in Richmond.

“We suspect that some of them are financed through money laundering,” he said, without elaboratio­n.

Among his requests: that lawmakers follow the lead of Britain by adopting legislatio­n that would allow the courts to issue “unexplaine­d wealth orders” that permit authoritie­s to seize property if the owner can’t explain the source of money used to acquire it.

Police are “turning a blind eye” to the links between prostituti­on and money laundering, said Suzanne Jay, a representa­tive of the Asian Women For Equality society.

She suggested that prostituti­on out of massage parlours, nail salons and homes was likely linked to organized crime groups.

Veteran realtor Lyn Terborg complained that until recently, too many real estate transactio­ns relied on an “honour system” and described the mandatory reporting of suspicious or large cash deals to FINTRAC a waste of time because of the “bureaucrat­ic nightmare of incompeten­ce” at the agency.

“Some of my observatio­ns are anecdotal, but they could be based on fact,” she said.

David Chen, a former Vancouver mayoral candidate, drew attention to the undergroun­d “birth tourism” industry.

“The reason why this is connected to money laundering is it’s an unregulate­d, unrecogniz­ed industry,” he said. “They cannot get a business licence from the city of Richmond … but their business is run primarily by cash.”

He cited a recent case out of Orange County, Calif., in which a Chinese national pleaded guilty to running a birth tourism business that charged wealthy pregnant women tens of thousands of dollars to give birth in the U. S. so their children could get American citizenshi­p.

“Chances are this model is not different” from what is occurring here, he said.

The most boisterous applause of the evening came when resident Jackie Turner recalled lining up at City Hall to pay her property taxes and seeing others pay “thousands and thousands” in cash over the counter.

“Surely the City of Richmond must’ve known that this is illegal money,” she said, without citing any proof.

“I think City Hall should be investigat­ed.”

The city has since imposed a $ 10,000 limit on cash payments.

After comparing money launderers in Canada to cartels in Mexico, resident Don Flintoff said action was needed now, but suggested this whole exercise could produce a report “which may sit on somebody’s shelf in an office in Victoria and gather dust.”

An interim report is due in November 2020.

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