British Columbia Will Not Prosecute Accused Criminal Figure for Money Laundering Charges
Canadian legal authorities won't pursue charges against a purported global criminal suspected of laundering millions through casinos in British Columbia, despite a six-year investigation.
Christopher Considine, a special prosecutor, stated on Wednesday that uncertainties in Canada's federal Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCTFA) imply that a prosecution would likely crumble. He lamented that a costly and extended prosecution that ends in failure isn't in the public's best interest.
Considine referred to the individual as "X," and suspects "X" to be Paul King Jin, a figure in multiple civil forfeiture lawsuits initiated by the provincial government.
Survived Attempted Assassination
In September 2020, Jin allegedly survived a shooting incident when a gunman targeted him and an associate during a meal at a Vancouver restaurant. The associate, Jian Jun Zhu, unfortunately, perished in the hospital the following day.
Authorities labeled Zhu as the leader of Silver International, a hidden bank connected to the international drug trade. His operation may have laundered up to $250 million annually through casinos, exemplifying what international intelligence agencies later dubbed the “Vancouver Model” of money laundering.
Zhu and his wife, Caixuan Qin, faced charges in 2018, marketed as Canada’s largest money laundering case. However, the case collapsed when prosecutors inadvertently disclosed the identity of a crucial government informant to the defense during a routine evidence disclosure.
The judge deemed it unsafe to continue the trial, as the witness was at risk of death.
Jin inadvertently led investigators to Silver International's door when they began monitoring him in 2015. Investigators observed the suspect moving between Silver's offices and "various locations" with "suitcases, boxes, and bags filled with large amounts of cash," according to one civil forfeiture lawsuit.
"Mr Jin has been identified by BCLC (British Columbia Lottery Corp) as being involved in cash deliveries to high-stakes gamblers at casinos in the Lower Mainland," the lawsuit claims. "Between June 27, 2012, and June 24, 2015, there were 140 casino transactions totaling $23,501,456 and associated with casino activity involving Mr. Jin and his associates."
Jin moved around $2.4 million between February 2017 and May 2017 alone, as per investigators.
Burden of Proof
Considine stated that the issue with PCTFA is that it compels prosecutors to show that the laundered cash originates from criminal activities, not just an unlicensed business.
"The crucial issue here is whether the Crown would be able to prove that this cash was itself the proceeds of crime,” he explained.
A judge or jury would need to be convinced beyond a reasonable doubt that the cash "X" was handling was obtained from or derived directly or indirectly from the commission of an indictable offense... and was obtained or derived directly or indirectly as a result of the commission of a designated offense,” he added.
Considine suggested amending the law to explicitly criminalize unlicensed money services.
Ineffective AML Laws
Canada has some of the weakest anti-money laundering laws among developed nations and a dismal record for successful prosecutions. A staggering 86% of all money laundering charges between 2012 and 2017 were dismissed before trial, according to Statistics Canada’s Integrated Criminal Court Survey.
In 2019, the US State Department deemed Canada a significant global money laundering “problem,” alongside Afghanistan, Macau, and Colombia.
A 2020 Tax Justice Network report observed that “Canada’s weaker anti-money-laundering laws offer criminals anonymity, making it less likely they’ll be caught and prosecuted if they are caught.”
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