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Canada can – and should – crack down on trade-based money laundering

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From the Macdonald Laurier Institute

By Jamie Ferrill for Inside Policy

Neglecting to take decisive action enables organized criminal networks whose activities cause significant harm on our streets and those of our international partners.

Financial crime bears considerable political and economic risk. For the incoming Trump administration, the threat that transnational organized crime and the illicit financial flows pose to global financial stability is a top priority. The threat of tariffs by the Trump administration makes the costs to Canada in enabling global financial crime all too apparent. In addition to the cost of tariffs themselves, the associated reputational risk and loss of confidence in Canada’s financial system has implications for investments, credit, supply chains, and bilateral co-operation and agreements.

Canada’s proximity to major international markets, stable economy, high standard of living, and strong institutions and frameworks make it an attractive place to do business: for both legitimate and criminal enterprises.

Trade is a key contributing sector for Canada’s economic security. It represents two-thirds of Canada’s GDP, and exports alone support nearly 3.3 million Canadian jobs. Trade is also highly vulnerable to criminal exploitation. Ineffective oversight, regulatory complexity, and lagging technology adoption, coupled with a lack of export controls, make it possible to move vast proceeds of crimes, such as those from drug trafficking, human trafficking, corruption, and tax evasion through the global trade system.

These vulnerabilities are well-known by transnational organized crime groups. They are able to effectively move billions of dollars of dirty money through the global trade system every year, a method commonly referred to as Trade-Based Money Laundering (TBML).

While any statistics must be interpreted with caution, evidence shows that TBML is a prevalent method of money laundering.

What is it?

There are several types of Trade-Based Financial Crimes such as terrorism financing through trade, sanctions evasion, and simply trade fraud. However, the TBML definition is necessarily specific. Essentially here, TBML is a money laundering method: the processing of criminal proceeds to disguise their illegal origin. TBML involves the movement of value through the global trade system to obfuscate the illicit origin. This is usually done through document fraud: undervaluing, overvaluing, phantom shipping, or multiple invoicing. Different techniques employ different aspects of the supply chain. And TBML may be just one method used within larger money laundering operations.

By way of example, US authorities allege that two Chinese nationals living in Chicago laundered tens of millions of dollars for the Sinaloa and Jalisco Cartels. Drugs were smuggled into the United States and sold throughout the country. The proceeds from these sales were collected by the Chinese nationals. Those proceeds were used to purchase bulk electronics in the United States, which were then shipped – with a falsified value – to co-conspirators in China, who sold them locally. The legitimacy provided by the electronics sales and the trade transaction provide cover to “clean” proceeds from precursor crime.

Either the importer and/or the exporter of the goods can shift value. Chances here are the electronics shipped were undervalued: on leaving the country, they are declared at a (much) lower value than they are actually worth. The importer in China pays the undervalued invoice, then sells the goods for what they are worth. The profit from those electronics now appears clean, since it was used for a “legitimate” sale. The ensuing value gap can be transferred informally or stored as illicit wealth. The value has now shifted, without fiat currency leaving the country of origin.

But the cycle does not stop there. The value and money itself continue to traverse around the world, through various intermediaries such as financial institutions or cryptocurrency exchanges. It then goes right back into the system and enables the very crimes and organized crime groups that generated it in the first place. It is, in short, the business model of organized crime.

The Canadian problem

Ultimately, the proceeds of crime that have been legitimised through TBML (and other money laundering methods) supports the criminal enterprises that generated the value in the first place. In the example, these are prolific cartels who have been behind the fentanyl crisis, migrant trafficking and abuse, corruption, and widespread violence that destabilizes communities and undermines governments across North America and beyond.

With new actors, drug routes, and ways of doing business, the cartels are very much active in Canada. The Sinaloa cartel in particular has established a significant presence in Canada where it controls the cocaine market, manufactures and distributes fentanyl, and is embedded in local criminal networks. This increases Canada’s role as a strategic location for drug trafficking and a base to export abroad, notably to Europe, the US, and Australia.

Hells Angels, Red Scorpions, ’Ndrangheta, and other organized crime groups are also exploiting Canada’s strategic location using their transnational links. These groups are active in criminal activities that generate proceeds of crime, which they launder through Canadian institutions. From drug trafficking to extortion to human and sex trafficking, the foundation of organized crime relies on generating and maximizing profits. The proceeds generally need to be laundered; otherwise, there are direct lines back to the criminal organizations. They are, without a doubt, exploiting the trade sector; the very sector that provides so much economic security for Canada.

Canada’s regulation, reporting, and prosecution record for money laundering is notoriously weak. Its record for regulation, reporting, and prosecution for trade-based financial crimes, namely here TBML, is even weaker.

As financial institutions and other regulated entities face increased scrutiny following the TD Bank scandal and the Cullen Commission’s inquiry into money laundering in BC, more criminal activity is likely to be displaced into the trade sector and the institutions it comprises.

TBML is difficult for financial institutions to detect, especially given that 80 per cent of trade is done through open accounts. It exploits established trade structures that are meant to protect the system –like documentation and invoicing processes – by manipulating transactions outside traditional payment systems, which requires more sophisticated anti-money laundering strategies to address these hidden vulnerabilities.

Addressing the problem

Trade is a gaping vulnerability. Yet, it attracts minimal attention in countering transnational financial crime. Containing the fentanyl crisis for one requires a collaborative effort to bolster supply chains and the trade sector against financial crime. This means global cooperation, technological advances (such as blockchain technology), appropriate resourcing, more scrutiny on high-risk countries and shippers, and regulatory innovation.

But political will is in short supply. The federal government’s Budget 2024 and the resulting proposed Regulations Amending Certain Regulations Made Under the Proceeds of Crime (Money Laundering) and Terrorism Financing Act will grant CBSA new authorities to counter TBML, but limited resources to make good on them. And CBSA cannot do it alone.

Transnational organized crime and the illicit financial flows that support it poses a threat to global financial stability. The enabling of financial crime hurts Canada’s reputation abroad. With a new political regime emerging in the US, Canada cannot afford to be seen as a weak link. Loss of confidence in a country and its financial system has implications for investments, credit, supply chains, and bilateral cooperation and agreements.

By neglecting to take decisive action, we inadvertently enable organized criminal networks whose activities cause significant harm on our streets and those of our international partners. With profits as their primary driver, it is imperative that we scrutinize financial pathways to disrupt these illicit operations effectively.

Organized crime groups are not bound by privacy laws, bureaucracy, political agendas, and government budgets. They are continually evolving and staying many steps ahead of what Canada is equipped to control: technologically, geographically, strategically, logistically, and tactically. Without appropriate regulations, technological advances, and resources in place, we will continue to be a laggard in countering financial crime.

More systematic change is needed across regulatory frameworks, law enforcement coordination and resourcing, and international partnerships to strengthen oversight, close loopholes, and enhance detection and disruption.  It would be a low-cost signal to the Trump administration that Canada is committed to upping its game.


Jamie Ferrill is senior lecturer in Financial Crime at Charles Sturt University and co-editor of Dirty Money: Financial Crime in Canada.

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Ottawa once again defends egregious mismanagement during COVID

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From the Fraser Institute

By: Jake Fuss and Tegan Hill

Two federal cabinet ministers criticized the report because it “fails to properly acknowledge that CEBA was designed and delivered during a global pandemic.” Translation—taxpayer money can be mismanaged so long as it’s delivered quickly, and we can use an emergency as an excuse for wasteful spending

According to a new report by Canada’s auditor general, in another of example of mismanagement and waste during the COVID pandemic, nearly 10 per cent—or $3.5 billion—of the federal government’s Canada Emergency Business Account (CEBA) loans went to ineligible businesses.

The report said “the program was not managed with due regard for value for money” and the government “did not effectively oversee the CEBA program.”

In response, two federal cabinet ministers criticized the report because it “fails to properly acknowledge that CEBA was designed and delivered during a global pandemic.”

Translation—taxpayer money can be mismanaged so long as it’s delivered quickly, and we can use an emergency as an excuse for wasteful spending. Accountability to the public is evidently an afterthought.

Of course, this is only the latest revelation of Trudeau government mismanagement during COVID. The government spent huge sums of taxpayer money on expensive programs such as the Canada Emergency Wage Subsidy (CEWS) and Canada Emergency Response Benefit (CERB). But a substantial share of this spending was simply wasted.

For example, an earlier report in 2022 by the auditor general found that ineligible individuals received $4.6 billion in CERB payments and other benefits. Ineligible recipients included 1,522 prisoners, 391 dead people and 434 children too young to be eligible. And 51,049 employers incorrectly received $9.9 billion in wage subsidies even though they did not have a sufficient drop in revenue to be eligible for the subsidies.

The federal government also spent billions on Canadians who probably didn’t need the money. An analysis published in 2020 by the Fraser Institute estimated that $11.8 billion in CERB payments went to eligible young people (ages 15 to 24) living with their parents in households with at least $100,000 in income. And an estimated $7.0 billion in CERB payments went to spouses in families with at least $100,000 in household income.

COVID-related programs were not only poorly targeted, but many payments surpassed the level required to restore the regular income of many recipients. According to the auditor general, the lowest-income Canada Recovery Benefit (CRB) recipients could take in more money from government benefits than from working, and the program “represented a disincentive to work, which impacted some labour markets at a crucial time when the need for employees was trending upwards.”

The total costs of fiscal waste during COVID are difficult to nail down. But our 2023 study estimated that one in four dollars of federal pandemic spending was wasted. That amounts to at least $89.9 billion in total fiscal waste. For context, that’s roughly what the British Columbia government spends annually in its entire budget for health care, education, social services, infrastructure, etc.

Finally, because the Trudeau government borrowed money to finance its excessive and wasteful COVID spending, Canadians will pay an estimated $21.1 billion in debt interest costs (over a 10-year period) that are directly attributable to this fiscal waste.

The new report by the auditor general is the latest proof of mismanagement by Ottawa during COVID, to the tune of billions of dollars in waste. Unfortunately, the government continues to scoff at the bill it’s handed to taxpayers for the waste it produced.

Jake Fuss

Director, Fiscal Studies, Fraser Institute

Tegan Hill

Director, Alberta Policy, Fraser Institute
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Base Policies on Reality – Not Myths, Models, Misinformation and Fearmongering

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From the Frontier Centre for Public Policy

By Paul Driessen

Donald Trump and JD Vance have a mandate on energy, economic, immigration and other issues that won them 50% of popular, 58% of electoral and 82% of US county votes.

On January 20 they will begin tackling the numerous problems bequeathed them by the Biden-Harris Administration and Washington Deep State: illegal immigration of criminals, terrorists and opportunists; outrageous government spending by bloated federal agencies; wars and crises across the globe; and federal and state politicians and bureaucrats determined to slow or stymie their every move.

Mr. Trump will let the DOGE out, to cut government waste. Pundits and political pros are offering advice across the board. My suggestions center on the “climate crisis” and the destructive policies it has justified.

1. First and foremost, withdraw the United States from the 2015 Paris climate straitjacket. Its terms and subsequent agreements require that the USA and other industrialized nations switch from fossil fuels to “clean renewable” energy and de-modernize agricultural and other practices, to eliminate “greenhouse gas” (GHG) emissions. That would bring blackouts, de-industrialization and job losses.

It would also mean now-rich nations must pay developing countries $300 billion per year for climate damage “compensation” and renewable energy financing. But China, India and other developing countries need not cut emissions and will continue using coal, oil and natural gas in ever-increasing quantities, to modernize, create vibrant economies and lift more people out of poverty. That would mean even zero fossil fuel use by Western nations would not reduce global atmospheric GHG levels at all.

Better yet, send the Paris document to Congress for Article II Senate advice and two-thirds consent. President Obama’s sly move of calling this accord a mere “agreement” that required no Senate “treaty” review cannot be countenanced. Paris was among the most far-reaching, impactful agreements in US history. It affects our energy, economy, jobs, living standards, healthcare, national security and more. It’s a treaty and should be treated as such.

2. Equally important, eliminate the institutionalized junk science, assertions and fearmongering that fossil fuel use has caused an existential climate crisis for people and planet. Begin by re-examining the 2009 Obama Environmental Protection Agency “Endangerment Finding” that carbon dioxide “pollution” threatens the American people’s health and welfare.

Fossil fuels provide 80% of America’s energy; raw materials for thousands of petrochemical products; and the foundation of our economy, health and welfare. Their emissions certainly contribute to the 0.04% CO2 in Earth’s atmosphere, but this miracle molecule enables and spurs plant growth, thereby feeding the animal kingdom and making nearly all life possible.

EPA’s convoluted finding defied science and reality. It allowed the Obama and Biden Administrations to justify biased climate “research,” anti-fossil fuel regulations, sprawling wind and solar installations, and the transformation of America’s entire energy system and economy.

The Endangerment Decision was likely the most “major federal action” in US history, yet it has no real statutory basis. It clearly defies the Supreme Court’s decisions in West Virginia v. EPA, Chevron v. Natural Resources Defense Council and Loper Bright Enterprises, Inc., v. Raimondo.

EPA Administrator Lee Zeldin should direct the agency to formally and publicly reexamine the secretive process that EPA employed to ensure its “endangerment” decision – with no contrarian science, evidence, questions or public hearings permitted to challenge its preordained edict. A fair, balanced, scientific review would demolish the faulty Finding and bring the agency into compliance with SCOTUS rulings.

The President-elect’s appointment of energy and environmental “czars” and National Energy Council will build on those important steps, help restore reality and common sense to America’s energy and climate policies, rein in other Biden-era regulations and executive actions, and advance Mr. Trump’s promise of US energy dominance and economic resurgence.

Other actions the new Administration and Congress should take include the following.

3. Utilize the Congressional Review Act to reverse eleventh-hour Biden-Harris regulatory sprees – such as its ban on further coal leasing in the Powder River Basin.

4. Open all US non-National-Park areas for no/low impact evaluation and exploration, to identify prospects warranting more detailed assessments for critically needed metals and minerals. Most of these public land areas were deliberately made off-limits to such evaluations by Congress, courts and the Deep State, making it impossible to weigh surface values against potential for world-class subsurface deposits.

China’s recent ban on exports of several vital metals and minerals underscores yet again why America must not rely on adversaries for raw materials critical for US defense, aerospace, battery, AI, wind, solar and other industries – especially when those materials could be found and developed in America, under the world’s best pollution control and environmental protection rules, technologies and practices.

5. Reopen the Delaware-sized “coastal plain” of Alaska’s South-Carolina-sized Arctic National Wildlife Refuge for oil and gas leasing, exploration and drilling. Congressional legislation in 2017 explicitly allowed those activities, but President Biden unilaterally cancelled all leases and permits in 2023.

6. Require that applicants for climate change research and modeling grants demonstrate that their previous models and studies have been confirmed by actual temperature, drought and extreme weather data and evidence; and provide computer codes and analyses so that reviewers can view and evaluate their work.

7. Define “sustainability” to reflect complete global life-cycle raw material requirements, mining and processing needs and impacts, energy required to produce raw materials and manufacture energy and other systems, and land, air and water pollution resulting from all those activities. This will ensure that wind, solar, battery, electric vehicle and other technologies are not classified as “clean, renewable and sustainable” merely because they don’t emit CO2 or pollution after they start operating.

8. End subsidies and fast-track permitting for wind and solar installations – especially offshore wind, where raw material requirements and costs are many times higher than for onshore turbines and far more excessive than that for combined-cycle gas generators.

9. Require that wind and solar projects, and associated backup battery and transmission line projects, meet the same environmental review standards and requirements as required for oil, gas, coal and metals mining, and nuclear projects, regarding local, regional and global air and water pollution, land and habitat destruction, wildlife disturbance and loss, and post-project equipment removal and land reclamation.

Even better, cancel the entire offshore wind program. Its electricity is weather-dependent and ultra-expensive, threatens wildlife and fisheries, and requires unjustifiable amounts of raw materials.

10. Expand and streamline programs to bring new nuclear power plants online, especially small modular reactors – to meet rapidly expanding needs for abundant, reliable, affordable electricity for data centers, artificial intelligence, and increasingly electrified households, technologies and industries.

11. Terminate Diversity Equity Inclusion, Environment Social Governance, and Environmental and Climate Justice programs, offices and funding. They only serve as twisted justifications for arbitrarily selecting preferred companies and communities that are often less qualified to serve public health and safety.

There is much more to be done. But this is a solid beginning for reducing or eliminating needless, excessive and harmful pseudo science, grants, policies, practices and regulations – and restoring government of, by and for the People.

Paul Driessen is senior policy analyst for the Committee For A Constructive Tomorrow and author of books and articles on energy, environment, climate and human rights issues.

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