CTV News | Feds propose get-tough legislation for white-collar crime

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Feds propose get-tough legislation for white-collar crime

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CTV Montreal: Caroline van Vlaardingen reports
New measures proposed by the federal government include two-year minimum sentences in fraud cases involving more than $1 million. Caroline van Vlaardingen reports.
Power Play: Justice Minister Rob Nicholson
The justice minister discusses the feds new legislation that will target white collar crime and says the new law will relieve provincial facilities and clear the system from backlogs and will prevent further white collar crimes.
Power Play: Joe Comartin and Dominic Leblanc
A panel of MPs say the bill does not address what it will be doing to prevent further white collar crimes from happening and the government hasn't done enough to research the bill.
CTV News Channel: Justice Minister Rob Nicholson
The federal government is announcing changes to white collar crime legislation, including tougher sentences, considering aggravating circumstances and requiring restitution to victims.
CTV News Channel: Nicholson takes questions
Justice Minister Rob Nicholson faced questions about the timing of the announcement of white collar crime legislation, which is mainly a PR move.
CTV News Channel: Robert Fife from Ottawa
The federal government has included a mandatory minimum sentence of 2 years for fraud of more than $1 million and easier restitution for victims in new white collar crime legislation.

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The Canadian Press

Date: Tue. Oct. 20 2009 6:19 PM ET

OTTAWA — White-collar criminals who bilk their victims of more than $1 million will face at least two years in jail, under new legislation the federal government plans to introduce this week.

Justice Minister Rob Nicholson, flanked by representatives of victims groups, announced Tuesday he'll table a bill to impose stiffer sentences on white-collar criminals, bar them for life from handling people's money and possibly force them to pay their victims back.

He also indicated Public Safety Minister Peter Van Loan is preparing measures to ensure white-collar criminals can't win parole after serving just one-sixth of their sentences.

"We are committed to cracking down on white-collar crime and increasing justice for victims by providing tougher sentences for the criminals responsible," Nicholson said.

Fraud "can be every bit as devastating as a physical assault."

The minister has sought the spotlight on these measures, announcing his intentions for the bill several times recently, in interviews and news conferences.

But legal experts and victims alike immediately wondered whether the new legislation would be any more effective than the current regime.

"I don't think it's going to have a significant impact. It's really a codification of existing principles," said Eric Gottardi, a Vancouver criminal lawyer and part of the Canadian Bar Association's criminal justice section.

"The reality is, it actually doesn't change much in how the law operates right now."

A fraud of more than $1 million already earns a criminal a two-year sentence in almost every case, he said. And the newly announced list of factors that judges need to take into account when sentencing fraudsters is already part of the process, he said.

The list includes paying attention to the financial and psychological impact of the fraud, whether the offender broke licensing rules and standards, and the complexity of the scheme involved.

Critics say the proposals are missing the point.

"It's pathetic," said Toronto-based forensic accountant Al Rosen. "The main issue is, no one is out there to chase those people in the first place."

Ottawa has long been concerned about Canada's global reputation for being lax on white-collar crime. And recently, high-profile cases of money managers accused of tricking investors out of their retirement savings have prompted a public outcry.

In Alberta last month, two men were charged in connection with a scam that police say robbed about 4,000 investors of up to $400 million.

In Quebec, Montreal investment dealer Earl Jones is facing fraud charges over a Ponzi scheme that led to the disappearance of millions in investors' savings. Quebec Premier Jean Charest has been pushing Ottawa to beef up its white-collar crime laws.

On Tuesday, Jones's niece, Elaine Jones-McLean, was at Nicholson's side as he announced the plans for legislation. She praised the move as a good first step that would bring some profile to the plight of victims of white-collar crime. But even she was not sure the bill would deter potential fraudsters.

"It's one element to pursue. It's like a lot of things in our society, it's not just going to be addressed by just one means," she said. "It's one step. But it's worth exploring."

Nicholson said he had no proof that the bill would deter white-collar crime, but said the measures would lighten the blow on victims.

In order for a government to effectively deter white-collar criminals, it should support its legislation with enforcement and pressure on prosecutors and courts to be vigilant, said Jacob Frenkel, a white-collar crime specialist at U.S. law firm Shulman Rogers.

"Legislation is only a small piece of the puzzle," he said.

In the United States, criminals face sentences of between 41 and 51 months for fraud over $1 million, he said, but the length of the sentence matters little unless convictions are forthcoming.

The bill is the latest in a series of measures in the Tories' crime agenda that is clawing its way through the legislative process. Nicholson used the opportunity to criticize the opposition parties for not expediting the Tory government's anti-crime laws.

"They may claim to support our tough-on-crime measures, yet when the cameras are off, they do everything they can to gut, derail, delay or block our legislation," he said.

"We can only hope they will now listen to Canadians and stop obstructing our efforts to tackle crime in this country."

Liberal Leader Michael Ignatieff denied that his party is using parliamentary process to block Tory measures, and insisted that MPs and senators are just doing their jobs by examining the details of new proposals.

His party is supportive of a crackdown on white-collar crime, but does not want to say whether it will support Nicholson's bill without examining the fine print first, a spokesperson said.

Comments are now closed for this story

Fiend, AB
said
0 0

I would think we should look at following the lead of our American friends and begin handing out 100, 150, 200 year sentences to those who bilk others of their savings. There are few non-violent crimes of greater cruelty than putting a person who worked hard for their entire life into the poor house simply because they trusted a con artist.


Tom in Calgary
said
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This is old news. They have made this PR presentation before. I guess we should be thankful this one didn't cost $108,000. Maybe if it did we could charge them with white-collar crime.


BC in Mississauga
said
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Prison terms are not the answer. If caught, these theives should have to repay every single penny they stole from investors, including the interest. If that means that they have to sell everything they own (including spousal property), then so-be-it. Maybe if they know they will lose EVERYTHING if caught, then they won't be so likely to rip off people who are trusting them with their life savings.


Cheech
said
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Wow. I can steal people's life savings, make over a million dollars and spend a couple years in jail? Don't we lock potheads up longer than this?


Mike Potter
said
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Are they running out of laws to announce? This is the nth time they have made this announcement. Yawn.


Ken - Calgary
said
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Would Harper's "in and out" financing scheme qualify as white collar crime, since it is illegal? What about breaking his own fixed election date law? That cost taxpayers over $600,000 only to end up with the same situation, and he was technically breaking the law. What about him using taxpayer money for Conservative partisan gain? That's also bilking taxpayers out of their money. Doesn't that make it white collar crime? If it isn't, maybe it should be.


PBW
said
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So, a theft of a million dollars or more is only worth a minimum of two years? True it is better than the probation they would normally get as first offenders, but is nowhere near what should be handed down. And let's not forget that they will get two-for-one reduction of sentence if they are remanded instead of being allowed to carry on with their life under bail.Again, this is a case of the punishment not fitting the crime and the offender having more rights than the victim. It seems like pinko liberalism is invading conservative party legislation!


Brian Williams
said
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Why more than $1 million? Fraud is no accident. It is a planned criminal act. Why should the person who fleeces an aging citizen of of life savings of $50K, $60K, $100K be considered less of a criminal than one who takes a professional (doctor, hockey player,...) for more than $1M? Small time credit card fraud costs us all a big bundle because it is widespread. Nip it hard when it is small to prevent it from growing big. Theft (fraud is theft) needs greater attention because it has the greatest negative impact on society.


Jay-TO
said
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To those who oppose this bill, no worries. THe tories have been presenting tough on crime bills and stalling the, even though the senate has said it would fast track them. This one will also be sabotaged by the conservatives themselves. Why? They purposely stall so they can play partisan games of finger pointing when its them themsleves who are the problem. I wish people would read hansard and watch QP because what your con supporters will do is come here and try to convince people otherwise. Its all a big game involving the biggest propaganda campaign in Canadian History. They are manipulating your minds by controlling the messaging. .


Pip
said
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"criminal lawyer Edward Greenspan, who has defended entertainment mogul Garth Drabinsky and media giant Conrad Black, has complained that the fight against white-collar crime is approaching "hysteria," unfairly branding business people as criminals." As we get more and more coverage, thanks to improved communications and instant information via things like Twitter, we are going to hear of more businessmen acting as criminals. We are only seeing the tip of the iceberg of shady business practice. Were I Mr. Greenspan I would have kept my mouth shut and just increased my advertising in business and trade publications.


Jay-TO
said
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Tom in Calgary. Good one. Problem is laws don't apply to the holier than thou conservatives as evident from the fixed election we were supposed to be in right now. They ignored that law, ignored all laws pertaining to partisan promotion with tax payers money (Ecoonmic Stimulus SCAM)so they'd just ignore this one too or appoint a judge to let them off. Our country functions as lawfully as Zimbabwe lately.


Bob DeVreeze
said
0 0

Great news. Now, exactly when does the Government of this country have to start obeying the laws they pass? Makes me wonder why I have too, when an election is a basic get out of jail free card for those who are suppose to be leaders.


Wayne
said
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Excellent news .. for far too long we have suffered from the Liberal habit of allowing criminals to create victims at will and not suffering the consequences. Now that we have the CPC in gov't we are starting to make some headway and I have no doubt that Harper will be able to whip the Senate into passing these laws this time through the House. I simply can not believe how many Liberals will come up with any excuse to not have the perpetrators of crime pay the consequences of their actions and though I believe the sentences are no way near severe enough, at least it is a start and a small part of why the CPC is likely to get a majority next election ... whenever it will be. For too many years we have allowed the liberal mindset of criminals rights without factoring in the rights of the victims .. way to go Harper you got my vote and a few others I think as well .. keep up the good work!


Gord. Robson, Nova Scotia
said
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I welcome this crime package on white collar crime! Far too many people (mostly seniors) have lost their life savings by these criminals! Manditory jail time is needed !


CraigW
said
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Gonna restrict the yachting to weekends only?


John Reid
said
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anyone who believes that let me know, I have some ocean front property in saskatchewan I will sell you, our Mr Harper gave his buddy Mulroony a free pass for defrauding the Canadian Taxpayers out of 2 1/2 million dolars, he's the one who said made in Canada and product of Canada would really mean something on natioal TV then made the so called legislation voluntary compliance and therefor meaningless, he also protected our food system by having his yes man (Clement) say its OK to poison your wife and kids if you do it slowly with canned Tuna contaminated with Mercury - sentencing for whitecoller crime is simple you take the amount stolen divide by the minimum wage divide the result by a 40 hour week and that is the time the fraudster spends in jail if it is over the expected life span of the perpatrator add the death penalty after all he/she destroys more lives than a simple murderer - and he/she can cut the final sentance by the amount of money he retuns to the investors that were defrauded, I am afraid I consider King Stephen to be a pathological liar who wouldn't know the truth it it up and bit him PS - the voter in Canada can only choose the party they think will do the least damage as they are all tared with the same brush and believe they have a right to be corrupt.


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