As in all criminal cases, entering a plea of guilty to a fraud or related financial charge can have profoundly serious consequences. Having a criminal record may affect your work, your immigration status, your reputation, your family and your personal freedom. A conviction for a white collar crime is particularly problematic for your future employment or banking because it is considered a crime of dishonesty.

SMDC Law is well positioned to represent those facing criminal or regulatory charges for white collar crime. Stephen DiClemente has a breadth of legal experience dealing with this area of the law. Stephen DiClemente uses his knowledge and expertise in white collar crime to defend people charged with white collar offences.

No matter what the specific circumstances, each case comes down to analyzing and challenging the evidence against you. Building your case to support your position. Because of his experience in the courtroom, Stephen DiClemente knows how to pursue your own investigations to uncover the facts that will strengthen your case and cast reasonable doubt upon on the prosecution’s version of events.

SMDC Law provides clients with the information they need to make wise decisions about whether to accept a plea bargain or take a case to trial. Stephen DiClemente is a skilled trial lawyer who has achieved successful results in complex white collar crime cases.

FAQ

What is the definition of Fraud:

The definition of fraud in the Criminal Code has been interpreted broadly in order to capture all forms of deceptive behaviour. Courts also have found that there need not be any monetary loss involved in order for a fraud to take place.

What is Money Laundering:

Money laundering is a term that describes the activities used to conceal the true origins of certain assets. It is not only a criminal offence to possess the proceeds of crime, but it is also an offence to use, transfer the possession of, send or deliver to any person or place, transport, transmit, alter, dispose of or otherwise deal with “any property or any proceeds of any property with intent to conceal or convert that property or those proceeds, knowing or believing that all or a part of that property or of those proceeds was obtained or derived directly, or indirectly,” as a result of the commission of certain designated criminal offences.

What is Proceeds of Crime:

Cars, money, jewelry, electronics, real estate or any other property that the Crown determines is related to a criminal offence can be seized as part of a criminal investigation. There is federal and provincial legislation that allows the police to seize your property.

In order to have your property returned it will have to be shown that the property seized is:

• Not related to the offence;
• Owned by an innocent third person;
• Not required as evidence in a trial; or
• Traceable to lawful funds.

What is the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC):

The Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) is Canada’s financial intelligence unit. It is an independent agency established in and operates within the ambit of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) and its Regulations. FINTRAC’s mandate is to facilitate the detection, prevention and deterrence of money laundering and the financing of terrorist activities.