Pubdate: Thu, 18 May 2000 Source: Toronto Star (CN ON) Copyright: 2000 The Toronto Star Contact: One Yonge St., Toronto ON, M5E 1E6 Fax: (416) 869-4322 Website: http://www.thestar.com/ Forum: http://www.thestar.com/editorial/disc_board/ Page: A8 Author: Theresa Boyle, Queen's Park Bureau LEGISLATION EYES SUSPECTS' ASSETS In an aggressive attempt to hit hard at organized crime, the province plans to create a "strike force" that could swoop down on suspects and seize assets, even before criminal convictions have been gained. "We'll follow the proceeds of crime into legitimate businesses . . . houses, cars, fancy cottages, bloated bank accounts and we'll seize them without notice," Attorney-General Jim Flaherty told reporters yesterday. "Then we can have a discussion in court about whether the assets were purchased with dollars from the drug trade or dollars from smuggling people into Canada or dollars from prostitution," he said. Enabling legislation, which could be introduced as early as this fall, would be much like the powerful RICO statute (Racketeer Influenced and Corrupt Organizations Act) in the United States that was created to break up organized crime and drug trafficking groups, Flaherty said. He maintains Ontario has the authority to pass such a law and insists it would be constitutional. Strike forces would be composed of civil and criminal lawyers, police investigators, forensic accountants and engineers. Some $4 million was set aside for the plan in the provincial budget, tabled this month. Asked to describe the kind of assets that could be seized, Flaherty responded: "One of the common examples you get is the mother-in-law's house where the proceeds of crime are used to purchase an expensive home and they put it in the name of a relative." Prosecutors would first have to satisfy the courts that a "causal relationship" exists between proceeds and criminal activity. "We want to get at the assets and follow the money, get at the kingpins of organized crime, not just the foot soldiers. That's too often what happens in criminal prosecutions. You get at the foot soldiers and they can easily be replaced and the enterprise continues on." - --- MAP posted-by: Derek Rea