White-Collar Defense & Investigations

We defend fraud charges under section 380 of the Criminal Code. These cases frequently depend on financial records, contracts, communications, and evidence of how a transaction was authorized and understood. We review the complete documentary record to assess whether the Crown can prove dishonesty and deprivation beyond a reasonable doubt. We also advise companies that discover suspected fraud within their own operations.

We represent trustees, executives, employees, and others accused of criminal breach of trust under section 336 of the Criminal Code. The offence requires proof of fraudulent intent. A breach of an internal policy or unauthorized use of funds does not, on its own, establish a criminal offence. We examine the governing authority, accounting records, communications, and manner in which the transaction was disclosed.

We defend allegations of forgery under section 367 and uttering a forged document under section 368 of the Criminal Code. We review metadata, document histories, electronic records, signatures, and communications to determine who created, altered, approved, or used the document and what they knew at the relevant time.

We act in matters involving allegations under section 397 of the Criminal Code. These cases may concern false entries, omitted information, accounting practices, or records alleged to have been created with intent to defraud. We trace each entry to the person who prepared, approved, or relied on it and place the record within the company’s accounting and authorization procedures.

We defend allegations under section 426 of the Criminal Code involving undisclosed benefits, commissions, or payments connected to a principal’s business. The evidence often turns on whether the payment was disclosed, authorized, or understood by the relevant parties. We review contracts, payment records, communications, and evidence of what the principal knew.

We defend charges under section 462.31 of the Criminal Code. The Crown must prove the required connection between the property and an underlying offence, together with the accused person’s knowledge or recklessness.

We trace the source, movement, purpose, and destination of funds and compare the transaction history with the Crown’s theory.

We defend charges under section 354 of the Criminal Code. These matters often depend on whether the accused knew that the property was obtained through an indictable offence. We examine the transaction, purchase terms, due diligence, payment records, and circumstances in which the property was acquired. We also represent businesses asked to explain how an asset entered their possession.

We advise on restraint proceedings that may affect business accounts, personal property, family assets, and funds required for legal expenses. We review the grounds supporting the order and act promptly to seek appropriate relief or variation.

We advise on forfeiture and proceeds-of-crime proceedings and seek the release of affected property where appropriate. Our work addresses the evidentiary basis for the claim, the property involved, and the practical relief required by the client.

We represent registrants, issuers, directors, officers, and other individuals in investigations by the British Columbia Securities Commission. We advise clients responding to document demands, compelled examinations, and investigation orders under the Securities Act. Our role includes preparing the client, protecting privilege, defining the scope of the demand, and managing the production of records.

We defend allegations under section 57 of the Securities Act involving misleading trading activity, artificial pricing, or fraud in relation to securities. We analyze trading data, order histories, communications, public disclosure, and market conditions at the relevant time. The objective is to assess the transactions in their full commercial and market context.

We represent clients facing allegations under section 57.2 of the Securities Act. These matters may concern trading, tipping, or recommending while in possession of undisclosed material information. We examine what the client knew, when the information was received, the nature of the relationship with the issuer, and what information was already publicly available.

We contest enforcement orders and administrative penalties under sections 161 and 162 of the Securities Act. Potential consequences may include monetary penalties, trading bans, market-access restrictions, and limits on acting as a director or officer. We advise on both liability and the scope of any proposed order.

We review search warrants, production orders, and financial data orders used to obtain evidence. This includes examining the information relied on to obtain the order, the scope of the authorization, the manner in which it was executed, and whether the resulting search was lawful. Where appropriate, we challenge the order or seek the return, exclusion, or protection of seized material.

We advise clients required to attend compelled examinations or respond to regulatory demands. Before the examination, we review the summons, identify the information the client must provide, assess privilege, and prepare the client for the process. This preparation is particularly important where answers may later be used in related regulatory, civil, or criminal proceedings.

We conduct privileged internal investigations for companies that identify suspected misconduct, accounting irregularities, or compliance concerns. We determine what occurred, who was involved, what records support the findings, and whether reporting or remedial action is required. We also advise boards and management on disclosure, employment, insurance, regulatory, and recovery issues arising from the investigation.

In British Columbia, Crown Counsel determines whether criminal charges should be approved. We make pre-charge submissions where the investigative record is incomplete, inaccurate, or missing important context. These submissions may include primary documents, expert analysis, legal issues, and explanations that were not available to investigators.

We defend companies facing criminal allegations arising from the conduct of senior personnel. These matters may require an assessment of how authority was assigned and exercised within the organization, who made the relevant decisions, and whether the conduct can legally be attributed to the corporation. We review governance records, reporting lines, delegations, policies, and actual decision-making practices.

We represent directors and officers named personally in criminal or securities proceedings arising from corporate conduct. The central questions often concern what the individual knew, what information was available, what advice was received, and what steps were taken in response. We reconstruct the board, disclosure, and decision-making record as it existed at the time.

White-collar allegations frequently lead to overlapping criminal, civil, regulatory, employment, and insurance matters. We coordinate those proceedings to reduce the risk that evidence or statements provided in one forum undermine the client’s position in another.

Our criminal defence lawyers and commercial litigators work together on sequencing, disclosure, examinations, privilege, and settlement strategy so the client’s position remains coordinated across each proceeding.

We review the Crown’s disclosure, identify missing material, and seek further production where required. We also bring Charter applications involving unlawful search, seizure, detention, or other investigative conduct. Document-heavy cases require particular attention to how evidence was obtained, organized, and presented. We represent clients at preliminary inquiries where the Criminal Code permits one and assess whether the proceeding advances the client’s defence strategy.

We represent clients at sentencing and in disputes concerning restitution. We present the relevant personal, financial, professional, and commercial circumstances, together with evidence of repayment, loss, responsibility, and rehabilitation where applicable. We also address the statutory aggravating and mitigating factors relevant to fraud and financial offences.

We appeal criminal convictions and sentences to the Court of Appeal for British Columbia. We also seek leave to appeal qualifying decisions of the British Columbia Securities Commission. Appeals focus on legal, procedural, or evidentiary errors that may have affected the result. We identify the strongest appeal grounds from the record and present them clearly.