10.32°C 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

trump-administration-steps-up-efforts-to-reduce-india-pakistan-tensions
IndiaMay 08, 2025

Trump administration steps up efforts to reduce India-Pakistan tensions

Secretary of State Marco Rubio spoke Thursday with the prime minister of Pakistan and India's foreign minister as the Trump administration stepped up efforts to prevent the nuclear-armed South Asian rivals from going to war. In separate calls with Pakistani Prime Minister Muhammad Shehbaz Sharif and Indian Foreign Minister Subrahmanyam Jaishankar, Rubio ``emphasized the need for immediate de-escalation,'' the State Department said Rubio also ``expressed U.S. support for direct dialogue between India and Pakistan and encouraged continued efforts to improve communications,'' according to readout
ontario-reports-almost-200-new-measles-cases-as-virus-spreads-across-canada
CanadaMay 08, 2025

Ontario reports almost 200 new measles cases as virus spreads across Canada

Health officials say measles infected 197 more people in Ontario over the last week as the highly contagious disease emerged in new parts of the country. That brings the province’s tally of probable and confirmed cases to 1,440 since an outbreak began in October. Public Health Ontario’s measles report says there have been 101 hospitalizations, including 75 children. Eight patients have been in intensive care. Nova Scotia and Northwest Territories each reported measles cases earlier this week, marking their first since this outbreak began. Alberta reported yesterday that its overall case co
surrey-mayor-asks-carney-for-a-surrey-mp-in-cabinet
BCMay 08, 2025

Surrey mayor asks Carney for a Surrey MP in cabinet

Surrey Mayor Brenda Locke has asked Premier Mark Carney to give the MP from Surrey a seat in his cabinet. She said that Surrey is about to become the first city in BC to reach a population of 1 million and it also borders the United States, so given the city’s development needs, we believe that Surrey should have a strong voice in the federal cabinet. The mayor said that I believe this will be an important step to support and ensure the continued growth of Surrey. She said that the city is growing by an average of 28 residents per day.
nikki-haley-supports-indias-action-against-pakistan
IndiaMay 08, 2025

Nikki Haley supports India's action against Pakistan

American Republican leader Nikki Haley has supported India's action against Pakistan. She said that Pakistan has no right to play the victim card here, no country can be given the right to support terrorism. Nikki Haley said that dozens of Indians were killed in the terrorist attack in India's Pahalgam, so India has every right to retaliate and take steps for its security. It is noteworthy that Nikki Haley is a former governor of South Carolina and has been the US ambassador to the United Nations during President Donald Trump's first term. She was the first Indian-American to be appointed
pakistan-launches-several-drone-and-missile-attacks-in-punjab
IndiaMay 08, 2025

Pakistan launches several drone and missile attacks in Punjab

Pakistan launched several drone and missile attacks in Punjab on Thursday night. The Pathankot airbase was targeted, a drone attack took place in Jalandhar. However, India's air defense system destroyed them in the sky. So far, there is no report of any damage in the attack. Drone movement has also been seen in Bathinda. The Indian air defense system shot down all the drones and missiles fired towards Pathankot airbase and Jammu airport. There are reports of two Pakistani F-16 fighter jets also being destroyed during the attack.
ADS
Ads

Related News

ADS
Ads