3. FINTRAC Exam Appeal Failure

My appeal to FINTRAC was rejected.  Do I have any options?

 

Why this isn’t the end of the road even though your appeal to the Director of FINTRAC was rejected

An appeal to the Director of FINTRAC is an opportunity to advocate on behalf of your organization and argue against both the findings of violations and the penalty.  However, if that fails, you still have another opportunity.

What are your options if your appeal to the Director of FINTRAC has been rejected

If your appeal to the Director of FINTRAC has failed or you are not satisfied with the outcome, section 73.21 of the Proceeds of Crime Money Laundering Terrorist Financing Act (PCMLTFA) grants you an automatic right of appeal to the Federal Court of Canada.  That appeal involves a review of the FINTRAC Director’s decision.  This option must be exercised within 30 days of receiving the decision from your appeal to the Director of FINTRAC.  Federal Court decisions can be appealed too – first to the Federal Court of Appeal and then to the Supreme Court of Canada.

What does the appeal to the Federal Court involve in terms of time, money and effort?

Cases do not move quickly through the Federal Courts.  If you are at the stage where this option is now available to you, contact the FEDs immediately as this is a time-sensitive matter.  Each case depends on its own circumstances and the FEDs legal team will be best able to assess the situation for you.

How can we help you if your appeal to the Director of FINTRAC has failed

An appeal to the Federal Court involves an intimate understanding of the relevant legal concepts as well as familiarity with the rules and procedures of the Federal Court.  It also requires an ability to properly marshal and present the relevant facts.  Our network of experienced professionals work together to fight on your behalf and help you save your business.

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