17.76C Vancouver
ADS

Jan 17, 2020 9:33 PM -

U.S. sanction law not enough to prove Canadian fraud: Meng's lawyers

Share On
u-s-sanction-law-not-enough-to-prove-canadian-fraud-mengs-lawyers
Meng Wanzhou chief financial officer of Huawei leaves B.C. Supreme Court in Vancouver, B.C., Friday, January 17, 2020. THE CANADIAN PRESS/Jonathan Hayward

Lawyers for a Huawei executive wanted on fraud charges in the United States are accusing Crown attorneys of relying on American sanction law to make its case for extradition from Canada.

In documents released by the B.C. Supreme Court Friday, Meng Wanzhou's lawyers say Canada has rejected similar U.S. sanction against Iran and not only permits banks to do business with Iran-based entities but encourages them to do so. Her lawyers have said she should not be extradited because her actions wouldn't be considered a crime in Canada.

Both sides will make their arguments to the court next week during an extradition hearing to determine whether Meng's case is one of "double criminality," meaning her actions were criminal in both Canada and the country requesting her extradition. The United States alleges Meng lied about Huawei's relationship with its Iran-based affiliate Skycom to one of its bankers, HSBC, putting the financial institution at risk of violating American sanctions.

Meng, who's Huawei CFO, has denied the allegations and remains free on bail and living in one of her multimillion-dollar homes in Vancouver ahead of a court hearing set to begin Jan. 20. Lawyers for Canada's attorney general have argued Meng's alleged conduct put HSBC at risk of economic loss and that is sufficient to make a case for fraud in Canada.

They have also previously called the focus on sanctions a "complete red herring." "This case is about an alleged misrepresentation made by Ms. Meng to a bank that they relied upon, and in so relying, put their economic interests at risk," Crown prosecutor John Gibbs-Carsley said in May. In the new documents, Meng's team accuses the attorney general of advancing two contrary positions: that American sanctions do not need to be considered to determine whether she committed fraud, and that the sanctions are part of the foreign legal environment that gives context to the alleged misconduct.

"It is apparent that exposure to U.S. sanctions risk is a fundamental aspect of the allegation," the documents say. "In essence, this is a case of U.S. sanction enforcement masquerading as Canadian fraud."

The documents say that while Meng's alleged actions could put HSBC at risk of economic deprivation in the United States, the same economic deprivation could not happen to the bank in Canada.

"It is not a crime in Canada to do something in this country that, if done in the U.S. or elsewhere, would be a crime in the U.S." There is also no real risk that HSBC would be exposed to economic deprivation through criminal or civil penalties in Canada because the Canadian legal system does not penalize "an innocent victim of fraud," the documents say.

"If ... HSBC is an unwitting victim then it cannot be at risk of deprivation under any criminal law or quasi-criminal (regulatory) laws in Canada," the documents say. "We do not punish the morally innocent."

Meng made a brief appearance in court on Friday as lawyers discussed future court dates.


Latest news

dakha-mla-manpreet-singh-iyali-joins-akali-dal-waris-punjab-de
Punjabi

Dakha MLA Manpreet Singh Iyali joins Akali Dal–Waris Punjab De

Dakha MLA Manpreet Singh Iyali has joined Akali Dal–Waris Punjab De, according to statements made by the party's leadership. Iyali said his political priorities within the organization would include seeking the release of Khadoor Sahib MP Amritpal Singh, who remains detained in Dibrugarh Central Jail in Assam, advocating for the release of Sikh prisoners commonly referred to as "Bandi Singhs," and promoting Punjab's development. He also ruled out any possibility of an alliance with the Bharatiya Janata Party (BJP), stating that the organization would maintain an independent political course.
canadas-trade-surplus-rises-55-in-april-as-higher-oil-prices-boost-exports
Punjabi

Canada’s Trade Surplus Rises 55% in April as Higher Oil Prices Boost Exports

Canada recorded a merchandise trade surplus of $2.72 billion in April, up 55 per cent from the previous month and the highest level in 15 months, according to data released Tuesday by Statistics Canada. The increase was driven in part by higher crude oil prices, which supported the value of Canadian exports during the month. The latest figures come as global energy markets continue to respond to geopolitical tensions affecting oil supply and pricing. Despite federal efforts to diversify trade and reduce reliance on the United States amid ongoing trade disputes, the U.S. remained Canada’s dom
teen-missing-presumed-drowned-after-boat-capsizes-near-quesnel
Punjabi

Teen missing, presumed drowned after boat capsizes near Quesnel

A 17-year-old from Prince George is presumed drowned after a boat carrying four people capsized on Stony Lake in British Columbia's central Interior, according to RCMP. Quesnel RCMP said three people aboard the vessel were able to reach shore safely after the incident. However, the boat's operator did not resurface and remains missing. Police identified the missing person as a 17-year-old male from Prince George. His family has been notified, RCMP said. Search efforts remained underway Tuesday. According to police, an underwater recovery team was expected to arrive at the lake to assist in the
13-year-old-charged-after-alleged-school-threat-in-sexsmith
Punjabi

13-year-old charged after alleged school threat in Sexsmith

A 13-year-old boy has been charged after police investigated alleged threats of gun violence targeting a school in Sexsmith, a community about 450 kilometres northwest of Edmonton. RCMP said officers were called Thursday after receiving reports of threats against students at the school. Police arrested a suspect and seized a firearm from the youth's residence during the investigation. The boy has been charged with uttering threats. The allegation has not been tested in court. According to RCMP, the accused is scheduled to appear in Grande Prairie provincial court on Wednesday. Police have not
arvind-kejriwal-begins-punjab-visit-amid-aaps-preparations-for-2027-assembly-election
Punjabi

Arvind Kejriwal begins Punjab visit amid AAP’s preparations for 2027 Assembly election

Aam Aadmi Party (AAP) national convener Arvind Kejriwal is set to remain in Punjab for the next several days as the party steps up preparations ahead of the 2027 Punjab Assembly election. According to party sources, Kejriwal is expected to hold meetings with Chief Minister Bhagwant Mann and Punjab affairs in-charge Manish Sisodia to review governance-related issues, the implementation status of government schemes, and delays in meeting administrative timelines. Discussions are also expected to include the performance of officials in various government departments. The visit comes as AAP begins
ADS

Related News

connect fm logo

Legals

Journalism code of ethics
© 2024 AKASH BROADCASTING INC.
Android app linkApple app link