14.04C 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

how-to-build-a-successful-business-exclusive-with-dragons-den-star-manjit-minhas
Punjabi

How to build a successful business? Exclusive with Dragon's Den star Manjit Minhas

Canada's renowned business personality Manjit Minhas was in Surrey on Thursday. She attended the Surrey and White Rock Women in Business Awards. Meanwhile, in an exclusive conversation with Connect Media Network, she discussed business, investment, start-ups, Dragon's Den and some unique problems faced by women in business.Manjit Minhas in conversation with Connect Media Network News Director, Pervez Sandhu. (Photo - Connect FM)How to make start-ups successful?In an exclusive conversation with Connect FM, when Manjit Minhas was asked about making a start-up successful, she said that many peopl
sexual-assault-charges-against-edmonton-area-spiritual-leader-wife-stayed-by-crown
Punjabi

Sexual assault charges against Edmonton-area spiritual leader, wife stayed by Crown

Sexual assault charges against an Edmonton-area spiritual leader and his wife have been stayed, the Alberta Crown Prosecution Service confirmed Friday. Johannes “John” de Ruiter and Leigh Ann de Ruiter each faced six counts of sexual assault and were scheduled to stand trial in September. The charges, first laid in 2023, will not proceed after prosecutors determined there was no reasonable likelihood of conviction, according to a statement from the Crown. Police previously alleged that John de Ruiter, described as the leader of a group known as the College of Integrated Philosophy, also ca
students-abducted-after-gunmen-attack-passenger-bus-in-central-nigeria
Punjabi

Students abducted after gunmen attack passenger bus in central Nigeria

Gunmen attacked a passenger bus in Nigeria’s Benue state on Thursday, abducting several students who were travelling to sit for university examinations, according to a statement from the state government. Benue Gov. Hyacinth Alia said the attack occurred along the Otukpo–Makurdi highway. The number of people taken has not been officially confirmed. Local media reports indicate there were 14 passengers on board at the time of the напад. “The targeting of innocent citizens, particularly students on their way to sit for examinations, is unacceptable and stands against every norm of hum
air-canada-to-suspend-toronto-montreal-flights-to-new-york-jfk-over-fuel-costs
Punjabi

Air Canada to suspend Toronto, Montreal flights to New York JFK over fuel costs

Air Canada says it will suspend flights from Toronto and Montreal to New York’s John F. Kennedy International Airport starting June 1 through Oct. 25, citing rising jet fuel prices. In a statement, the airline said fuel costs have “doubled since the start of the Iran conflict,” making some lower-profit routes no longer economically viable. The company said it is adjusting its schedule accordingly. The suspension affects service to JFK from Canada’s two largest cities, key routes for business and international connections. Air Canada said customers with affected bookings will be contact
u-k-france-signal-joint-maritime-mission-after-leaders-meeting-on-strait-of-hormuz-access
Punjabi

U.K., France signal joint maritime mission after leaders’ meeting on Strait of Hormuz access

Leaders from multiple countries met Friday under the leadership of the United Kingdom and France to discuss access to the Strait of Hormuz, a key global shipping route. According to a statement from the U.K. prime minister’s office, Prime Minister Keir Starmer said participating countries welcomed Iran’s decision to keep the waterway open. He said leaders agreed the route must remain accessible without tolls or restrictions, citing its importance to global trade and energy supply. Starmer said reopening and maintaining shipping through the strait is critical to stabilizing economic pressur
ADS

Related News

connect fm logo

Legals

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