WTF Are Smurfs?
China’s rich foreign buyers engage in the same technique that drug dealers, human traffickers, and counterfeiters do, smurfing. Smurfing is when a large amount of capital is broken down into smaller, more discrete amounts. These smaller amounts don’t attract regulatory scrutiny, and sail through the banking system.
Basically, the money is broken down into US$50,000 increments. The money is split amongst your friends, family, or a shadow banker. They then transfer the money to you while you’re here. The person in Canada also needs to open multiple bank accounts to receive the money. This way the Chinese government doesn’t immediately realize what’s happening.
They repeat the process until they have a downpayment. They then repeat as many times as they need to bring the rest of their money over. A wrongful dismissal case at CIBC in 2014 shed a little light on this process. The defendant described this as a “practice CIBC supported”.
It’s important to note that this isn’t a process being used exclusively for illicit money. It’s the process that needs to be used for all money to leave China, and doesn’t violate any Canadian banking laws. Doesn’t matter how someone made that money, selling heroin or socks, it’s all the same to Canadian banks.
So, if you were a member of a criminal organization like the triads, who needed to launder money why wouldn’t you take this fairly simple and routine route instead of the more illegal one? There are already a number of legitimate immigrants coming to Canada, so it would be hardly noticeable if a handful of them happened to be triads. Well, until abandoned teardown houses started going for $3 million dollars. Then locals definitely started getting suspicious.
This Isn’t A Secret…Unless You’re Canadian
The lack of legal framework and resources to prevent money laundering in Canada is far from a secret. Canada is one of the world’s largest tax havens, and has banking laws that have a number of loopholes. While your everyday Canadian may not know this, both the Asia Pacific Group on Money Laundering (APG), and Transparency International have openly made statements.
APG has noted Canada’s questionable money laundering prevention techniques multiple times, including in their latest Mutual Evaluation Report (MER). The MER notes that Canadian authorities “may be underestimating the magnitude of key risks”, such as those “emanating from tax crimes and foreign corruption.” They further note that while Canada has an Anti-Money Laundering (AML) regime, a notable exception is legal professions other than British Columbia notaries. This is a “significant loophole in Canada’s AML framework”, and “in particular the real estate sector.”
Transparency International was perplexed by the promises Canada made earlier this year at the Anti-Corruption Summit in London. Apparently we sent a delegation that made a number of promises. Over the summer, a review committee researched the promises and noted they were “not new”. This begs the question, are the money laundering loopholes there through negligence or design?