British Colombia Court Denies U.S. MLAT Request Due to Abuse of Process

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Tuesday, October 1, 2002
Author: 
Bruce Zagaris
Volume: 
18
Issue: 
10
422
Abstract: 
On July 5, 2002, the Supreme Court of British Columbia denied a request for assistance for records under the U.S.-Canadian Mutual Assistance in Criminal Matters due to a finding of abuse of process in connection with the efforts to obtain records in connection with allege tax offenses. The U.S. made the request pursuant to Section 15 of the Mutual Legal Assistance in Criminal Matters Act, R.S.C. 1985, c. 30 to obtain records and things seized by Royal Canadian Mounted Police Canadian Mounted Police Corporals Jan Roche and Stephen holland Arthur, which were filed with the court on April 25, 2001, pursuant to Section 14 of the Act. An application was filed by Jerome Schneider, whose records were seized, for an order that the records be returned to him. The U.S. made the application, stating that it was investigating allegations that Mr. Schneider had committed frauds and swindles in violation of 18 U.S.C. ┬žOn November 28, 2000, December 19, 2000, and February 20, 2001, the Canadian Minister of Justice approved a request and supplemental requests from the U.S. to search the business premises of Mr. Schneider and his above mentioned companies and to seize any and all items relevant to the offenses mentioned in the MLAT request.