5. FINTRAC Criminal Charges

Can I really be criminally charged by FINTRAC?

FINTRAC’s option to proceed criminally

As of 2010, FINTRAC has recommended that over 30 non-compliance cases be criminally prosecuted. Non-compliance issues can be treated as criminal offences and result in jail sentences of up to 5 years and fines of up to $2,000,000.

Potential application to employees, officers and directors

Those that are vulnerable to criminal liability include officers, directors and agents of Reporting Entities if they directed, authorized, assented to, acquiesced, or participated in the commission of the alleged offences.  This is true even if the Reporting Entity itself is not convicted.

How we can help

The FEDs can help by flagging the potential for criminal prosecution at any early stage and ensuring you receive the appropriate legal advice and representation, should the necessity arise.

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