C-52.2 - Act respecting the forfeiture, administration and appropriation of proceeds and instruments of unlawful activity

Section 11 Disposition versions

2008-09-01

11. The property for which the application is filed is presumed to be proceeds of unlawful activity if the defendant’s legitimate income is significantly disproportionate to the defendant’s patrimony or lifestyle or both, and the defendant

(1)  frequently participates in unlawful activity likely to result in personal economic benefit;

(2)  participates in the unlawful activity of a criminal organization within the meaning of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) or acts in association with such an organization; or

(3)  is a legal person one of whose directors or officers participates in the unlawful activity of a criminal organization within the meaning of the Criminal Code or a legal person in which a person who participates in such activity holds a substantial interest.

A person convicted of a criminal organization offence within the meaning of the Criminal Code is presumed to participate in the unlawful activity of or to act in association with a criminal organization.

2007, c. 34, s. 11.