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R v D (1997)

  • Clayton Rice, K.C.

In this multi-million dollar case of fraud and money laundering two insiders employed by an international Calgary company were charged with skimming money from currency transactions. The money trail led to D who was a successful businessman. The theory of the prosecution was that a conspiracy existed among the three men who all knew what was being done. D retained Mr Rice. At trial, during cross-examination of T, one of the insiders, T said he was unaware whether D knew how the money was being diverted. And under cross-examination of E, the other insider and a former banker, E conceded to Mr Rice that he never told D where the money came from and he did not know if D was ever aware of the scam. The trial judge agreed with Mr Rice that the evidence did not establish that D ought to have been suspicious about where the money came from and the evidence was insufficient to apply the doctrine of willful blindness. D was found not guilty of all charges.

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