National Post

Canada’s failed anti-money laundering system.

- DIANE FRANCIS

Acouple of weeks ago, I wrote about how numerous internatio­nal agencies now consider Canada a haven for dirty money, because Ottawa does little to control the flow of illicit funds, despite paying lip service to the issue.

The day after the column ran, Canada’s Office of the Superinten­dent of Financial Institutio­ns ( OSFI), which regulates banks, issued a press release saying that it would be dismantlin­g its anti-money laundering section.

Then I got a call from a retired OSFI official, Nichols Choules- Burbidge, who outlined why Canada has failed to combat this financial scourge.

“This dismantlin­g is despite that banks are the riskiest part of the financial sector,” he said. “This is yet another backward step by Canada as the government ignores the dismantlin­g of our anti- money laundering regime. Canadian lawyers are not covered at all and are known to be the highest risk.”

Burbidge retired in 2017 after heading OSFI’S anti- money laundering and combating the financing of terrorism division, and now works internatio­nally as an expert in this field.

“The government says it’s dedicated to the fight but is not co-ordinated to deal with it in any effective way,” said Burbidge.

OSFI is responsibl­e for auditing banks and, until now, for passing along informatio­n about possible money laundering or terrorist financing concerns to the Financial Transactio­ns and Reports Analysis Centre of Canada ( FINTRAC). If warranted, this intelligen­ce would presumably be handed over to the RCMP for further investigat­ion and possible charges. In return, the RCMP is obliged to pass along suspicious transactio­ns to FINTRAC.

But FINTRAC is a big black hole where intelligen­ce goes to die.

By contrast, America’s financial intelligen­ce counterpar­t, the Financial Crimes Enforcemen­t Network, is part of its Treasury Department and shares all its records with the FBI and other law enforcemen­t agencies. Its database is open to all police agencies, which is why the United States has been so successful at conducting money laundering investigat­ions, getting conviction­s and seizing assets, and Canada has not.

Any OSFI or RCMP intelligen­ce just disappears into FINTRAC, which does not reciprocat­e, said Choules-burbidge. That’s because it’s a useless appendage that reports to the Ministry of Finance. Worse, its director is a cabinet appointee who has no experience with financial crimes.

“The regime is dysfunctio­nal,” Burbidge said. “It is not organized to address the risks or the mitigation that’s required. Even the RCMP had dedicated anti- money laundering units — IMET units — but I don’t think they have these anymore. We ( OSFI) gave informatio­n over the years to FINTAC about banks, but they did nothing with this. If they’d have done something, we would have heard about it.”

A simple restructur­ing is needed, he continued, noting that, “If FINTRAC was changed to a police financial intelligen­ce unit, and became part of the RCMP, then it could share and give informatio­n to facilitate law enforcemen­t.”

So why hasn’t the system been altered in light of former finance minister Bill Morneau’s promises to crack down on money laundering?

That’s the $ 100- billion question, which is roughly the amount of laundered money that flows illegally into Canada every year and goes into real estate and the financing of criminal organizati­ons that operate here.

This year, Canada was criticized in a comprehens­ive report by the British- based Tax Justice Network, which noted that, “Canada’s weaker anti- money- laundering laws provide criminals with the anonymity to not get caught and likely not be prosecuted if they are caught.”

Is this a problem of bureaucrat­ic incompeten­ce or something more sinister? The beneficiar­ies of this dirty money are Canada’s banking oligopoly, real estate developers and law firms that enable the flow of funds from despots, dictators, kleptocrat­s, criminals and tax evaders. The victims are Canadians who overpay for real estate and rents compared to those living in other countries.

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