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News (Media Awareness Project) - CN BC: BC Civil Forfeiture Act -- Facts Figures
Title:CN BC: BC Civil Forfeiture Act -- Facts Figures
Published On:2007-11-24
Source:Vancouver Sun (CN BC)
Fetched On:2008-08-16 12:30:42
B.C. CIVIL FORFEITURE ACT -- FACTS & FIGURES

There are now about 60 cases involving about $5 million in cash and
assets, including real estate, vehicles and jewelry believed to be the
profit from crime and other unlawful activity.

The assets have been ordered seized and are frozen by the B.C. Supreme
Court pending the outcome of civil trials.

To date, more than $2 million in cash and assets obtained through
illegal activities have been turned over to taxpayers since the act
was passed in May 2006.

Cases are referred to the civil forfeiture office by police and
regulatory bodies such as the B.C. Securities Commission.

The province sues in civil court, files a statement of claim and
supporting affidavits making allegations that require the defendants
to answer, showing they did not gain the asset from unlawful activity.

Examinations for discovery are conducted and cases are decided on the
civil standard of proof -- the balance of probabilities --rather than
the higher criminal standard (beyond a reasonable doubt).

Once a judge decides an asset is forfeited, it can be sold and the
proceeds used by the government for four purposes: to compensate
victims of crime, fund crime prevention programs, remedy the effects
of illegal activity and cover the costs of administering the act.

Some of the cases concluded to date:

- - Two houses in Abbotsford used for marijuana-growing operations
(about 4,000 plants) have been sold. After the mortgages were paid,
$230,000 was forfeited to B.C. taxpayers.

- - Forfeiture of $500,000 cash recovered from an unregistered
investment scheme. The money is being returned to B.C. investors in
the Slocan Valley who lost money.

- - The forfeiture of $240,000 cash, the proceeds of drug trafficking,
from members of a gang.

- - The forfeiture of $140,000 cash, the proceeds of drug trafficking in
Vancouver.

- - The forfeiture of $100,000 cash and jewelry, the proceeds of
marijuana cultivation.

- - The forfeiture of $13,500 being transported from Terrace to
Vancouver for drug trafficking.

Source: Ministry of the Solicitor-General
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