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News (Media Awareness Project) - CN ON: Crime Assets To Be Grabbed
Title:CN ON: Crime Assets To Be Grabbed
Published On:2000-11-27
Source:Toronto Sun (CN ON)
Fetched On:2008-09-03 01:20:32
CRIME ASSETS TO BE GRABBED

New Ontario legislation expected within a week will allow police to seize
assets from organized criminals without notice, even in the absence of
charges, a government source says.

Modelled after parts of anti-racketeering legislation in the U.S., the law
would be a first in Canada.

It would also allow police to confiscate third-party properties, such as
legitimate businesses used to hide crime profits. Seized property would be
forfeited to the state and used to create a special fund to help victims of
organized crime, the source said. "If you are the victim of organized
crime, say through a credit-card scam ... you would have the option of
applying for that money," he said.

COPS GET MONEY

The fund could also be used by police for organized crime projects.

The province is to set up an advisory "strike force" reporting to the
attorney general.

To seize criminal assets, the Crown would only have to prove its case on
the balance of probabilities, rather than beyond a reasonable doubt, which
is demanded in criminal proceedings.

Attorney General Jim Flaherty was to release a report today that shows
civil-asset forfeiture "works great," the source said.

Provisions in the legislation would protect innocent people from arbitrary
seizures of their property.

The successful U.S. RICO statute deals with both criminal and civil law,
but the Ontario initiative would deal only with civil law.
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