According to the Vancouver Sun,B.C.** is seeking the forfeiture of $6 million worth of propertyThese include several commercial properties in Richmond and a residential home in Vancouver
Because these properties are related to the illegal resale of crabs used as rations for the Aboriginal people. B.C.'s civil forfeiture supervisor said the properties were used to launder the illegal proceeds of crab resale.
It is illegal to resell aboriginal ration crabs
On Feb. 6, B.C.'s civil superintendent filed a lawsuit in the Provincial Superior Court, alleging that three properties in Richmond, a detached house in Vancouver and a pickup truck were tools and proceeds related to illegal crab scalping.
The defendants in the lawsuit are Jamin Chiong, a seafood wholesaler, Million Ocean Seafood Ltdand the company's owners, TSZ Wah Fok, Peng Lin and Tak Yi Tong. In the spring of 2020, the Ministry of Fisheries and Oceans ** spotted Chiong to Million Ocean Seafood** live crabs. However,The permits used by the chiong are issued to the indigenous people and only allow fishing for daily consumption, social, and ritual purposes. Crabs caught with this type of license cannot**
As stated in the civil forfeiture application,Chiong is crabs purchased from Aboriginal crab catchers and then uses their own pickup trucks to deliver the crabs to Million Ocean Seafood
Fishery** seized more than 10,000 pounds of crabs, including Aboriginal ration crabs and other crabs, from the company's warehouse at 2088 Richmond Road.
In August 2022, Chiong was convicted in a Richmond court of selling Aboriginal food crabs in violation of the Fisheries Act and making false representations to the fishing industry**.
Chiong appealed the conviction, but the appeal was dismissed in April 2023. The seized crabs were sold for 3$80,000, of which $1,500 was confiscated because of Chiong's conviction.
An investigation by the Fisheries and Oceans Association revealed that Million Ocean and its owners, Fok, Tang and Lin, bought large quantities of crabs for Indigenous food from Chiong "multiple times" in 2019 and early 2020 and ** for profit.
The civil forfeiture petition also alleges that Million Ocean's owners made false documents in an attempt to cover up the illegal purchase and sale of Aboriginal ration crabs.
A numbering company with commercial property in Richmond was aware of and involved in the illegal purchase and sale of crabs.
Crab house, real estate is not guaranteed? It is not enough to simply find out the facts of the violation, and B.C. has also insisted on recovering the illegal proceeds of the resale of Aboriginal food crabs. The civil forfeiture application stated that"The proceeds of illegal activities include property obtained directly or indirectly from illegal activities".
In this case, the proceeds from the resale of crabs went to four properties, which includes two commercial units at a property on 5 Road in Richmond, numbered by the company 1092825 BC LtdOwns a Richmond property, as well as a residential property in East Vancouver owned by Chiong and his wife.
The proceeds are used to pay monthly mortgage payments, property taxes, upgrades and maintenance to increase the value of these properties.
According to B.C.'s real estate records, two commercial properties in Richmond are worth $3.89 million, and detached homes in Vancouver are worth $2.19 million. Combined, 6 million can't be beaten.
In addition to the property, B.C.** is also seeking forfeiture of Sure First Seafood Market LtdA Toyota Tundra pickup truck in the name of the company (whose sole director is Chiong) (this car is believed to be a tool for carrying out illegal activities), and 3$60,000.
The BC Civil Forfeiture Supervisor is applying for a temporary freezing order against all of the above property and cash. So far, none of the people mentioned in the lawsuit have responded, and the allegations have not been substantiated in court.
Civil forfeiture?
BC was the first province in Canada to implement civil forfeiture, and its Civil Forfeiture Act came into effect in 2006. The Act allows the province to confiscate people's property without any criminal charges attached。**Funds from the seizure of assets will be used to support crime prevention as well as victim support.
As B.C. continues to strengthen its efforts to combat money laundering, the scope of the Civil Forfeiture Act has been expanded to include unidentified property orders.
Civil forfeiture is not aimed at people, but at property, the proceeds and instruments of illegal activities, the purpose of which is to ensure that people cannot profit from illegal activities or use property in a way that could harm others
The Provincial Director of Civil Forfeiture filed a lawsuit against the profits of the alleged illegal activities and the tools used to obtain them. Anyone who contests the charges has the right to review the evidence and present their own evidence to a BC Supreme Court judge.
Compared with criminal prosecution, civil forfeiture has a lower threshold of test and is a matter of balance of probability without the need to exclude a reasonable doubt. The owner of the confiscated property is also not required to have a criminal record. What the civil forfeiture department seeks is only to recover illegal gains, not to put someone in prison, in short, to treat money not people
As the best in the fight against money laundering, civil confiscation does have its advantages, the judicial operation is simpler, and it is also more deterrent to enterprises and individuals engaged in illegal activities. As a result, despite the ongoing controversy, the number of lawsuits filed by B.C. has continued unabated.
In December 2023, B.C. completed the largest forfeiture in its history, raising $10 million. A money services company, pacnet services ltdSuspected of transferring funds for telecom fraudsters. Although the company "did not admit or discover any illegal activity," it eventually settled with the BC Civil Forfeiture Department and pleaded guilty to a $10 million fine.
B.C. Deputy Attorney General Mike Fernworth said in a statement that it was the largest forfeiture since the Civil Forfeiture Act went into effect in 2006. It "sends a clear message that the province will continue to take decisive action on the proceeds of suspected illegal activities." ”
That's right,B.C.'s civil forfeiture department is self-financing。The confiscated assets will be liquidated and the funds will be used to pay for the operating expenses of the department. There is also a relatively small amount of money for victim compensation and crime prevention programs.
Therefore, don't take the civil forfeiture system seriously just because you won't leave a criminal record. After all, people also have to rush performance.