Money laundering is rarely a standalone charge. In Ontario, it is almost always “tacked on” to other investigations involving drugs, fraud, or organized crime.
If you’ve been charged under Section 462.31 of the Criminal Code (Laundering Proceeds of Crime), you aren’t just fighting a criminal case — you are fighting to keep your assets, your business, and your freedom.
Our Ontario money laundering lawyers at Kazandji Law can help.
How the Prosecution Builds a Case
To get a conviction in Ontario, the Crown must prove that you dealt with property (money, real estate, crypto) with the intent to conceal or convert it, knowing or being reckless as to whether the property was obtained through the commission of a crime.
The danger in these cases is the “Wilful Blindness” doctrine. The Crown doesn’t always have to prove you knew the money was dirty; they only have to prove you suspected it and chose not to ask questions. This often catches innocent business owners and digital currency traders off guard.
The PCMLTFA and FINTRAC Oversight
Many money laundering cases in Ontario begin with a report from FINTRAC. Under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, banks and other entities must report “suspicious” transactions. Often, a perfectly legal but large cash transaction can trigger an investigation that leads to a criminal charge.
Challenging the Seizure of Assets
One of the most devastating parts of a money laundering charge is the civil forfeiture process. The government can move to seize your assets before you are even convicted. Our team works immediately to challenge “restraint orders” to ensure you have the funds necessary to live and pay for your legal defence.
FAQs: Money Laundering Charges in Ontario
What is the maximum penalty for money laundering?
Money laundering is an indictable offence in Ontario, with a maximum penalty of 10 years in prison.
Can I be charged if I didn’t commit the original crime?
Yes. You can be charged with laundering the proceeds of a crime committed by someone else if you assisted in moving or hiding the money.
Do the police need a warrant to see my bank records?
Generally, yes. However, banks often “voluntarily” flag transactions to FINTRAC, which then provides a roadmap for the police to get a warrant.
What exactly is Wilful Blindness, and how does it apply to me?
In Ontario courts, wilful blindness occurs when you deliberately shut your eyes to the obvious criminal origin of funds. The Crown argues that if the circumstances were “shady” enough that any reasonable person would have asked questions, your failure to do so is legally equivalent to actual knowledge. We fight this by demonstrating that you performed due diligence or had legitimate reasons to believe the transaction was above board.
Can a money laundering charge affect my professional license or business permit?
Yes, significantly. For professionals such as nurses, realtors, or accountants, a conviction — or even just a formal charge — can trigger mandatory reporting to regulatory bodies (like the CNO or RECO). This can lead to an immediate suspension of your license while the case is pending. We provide a dual-track defence that aims to resolve the criminal matter while simultaneously protecting your professional standing.
Why High-Net-Worth Individuals Come to Kazandji Law
When the government freezes your accounts, you need more than a criminal defence lawyer; you need a strategic partner. We excel at navigating the intersection of criminal law and complex financial regulations.
- Resource Protection: Our priority is often varying restraint orders to ensure you can continue to function financially.
- Forensic Expertise: We work with top-tier accountants to prove the legitimate source of your wealth.
- Sophisticated Defence: We understand FINTRAC triggers and how to challenge the “wilful blindness” trap.
What You Should Do Next
Money laundering investigations move slowly until they suddenly move very fast. If your bank accounts have been flagged or you’ve been served with a restraint order, time is of the essence. Do not move funds around or attempt to hide assets, as this can trigger further charges.
Contact our Ontario money laundering attorneys immediately to begin the process of challenging the seizure of your property.