Proceeds of Crime | Daley Byers | Criminal Lawyers that will fight for your rights!

This area of law has recently become a significant weapon used by the Prosecution. After a conviction is registered, the Crown Prosecutor will seek a sentence in accordance with the law but may also look to seize any property which they perceive might fit within the definition of “proceeds of crime”. They have this power and can use it.

s. 462.3 defines “proceeds of crime” as any property, benefit or advantage, within or outside Canada, obtained or derived directly or indirectly as a result of;

the commission in Canada of a designated offence, or
an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence.

Cost to Defend Proceeds of Crime Charges

The cost of defending a Proceeds of Crime Charges will depend on the nature and complexity of the case. Our fee for a Proceeds of Crime Charges varies. On average, our minimum engagement for a Proceeds of Crime Charges begins at $3,000. The final retainer may vary based on the circumstances of the charge, the amount of work required, and whether the retainer can be paid as a lump sum upfront or requires an alternative payment arrangement.

Because every case is different, we encourage you to speak with us before making any financial commitment. Our team will review your situation, explain the anticipated legal fees, and help you determine whether retaining private counsel is the right option for your case.

“Designated Offence” means

any offence that may be prosecuted as an indictable offence under this or any other Act of Parliament, other than an indictable offence prescribed by regulation, or
a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counseling in relation to, an offence referred to in paragraph (a).

The definition of designated offence covers virtually everything imaginable.

S. 462.37 deals with the forfeiture of proceeds of crime after an accused person has been convicted of a designated offence.

Note: the order can encompass properties outside of Canada