In two cases before the courts, the B.C. Office of Civil Forfeiture faces claims its unexplained wealth order applications are a violation of Charter rights.
A man barred from the U.S. penny stock market offerings says the B.C. Director of Civil Forfeiture has overstepped its constitutional limits in applying for an unexplained wealth order for over $4 million held in custodial trust by the Law Society of BC.
A judge could grant such an order without a criminal conviction against the respondent. Any court-compelled response to a UWO may ultimately be used to forfeit assets; however, in B.C., no court case has reached this stage. However, Miller left about US$3 million and $583,114 in the trust account of Vancouver lawyer Ronald Pelletier, whose accounts were subsequently frozen when the society found Pelletier had gone to “great lengths to protect his clients and their illegal money.”Last year, the director stepped in demanding Miller to provide, among other things, details on how the “Miller Funds” were acquired and maintained.
“…the commencement of this Action constitutes continued prosecution of the Plaintiff for the same offences under the US Securities Act of 1933 that were subject to the Final Judgment of the SEC, which was not appealed. As such, this Action should be dismissed by reason of double jeopardy and/abuse of process and/or breach of the Defendants’ common law and Charter rights,” wrote Miller’s legal team from Groia and Company in Toronto.
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