11 Sep 2023
EAST WEST INVESTMENT MANAGEMENT CORPORATION v HIGGINS ET AL
In the case of East West Investment Management Corporation v Higgins et al dated September 11, 2023, applicant East West filed an unusual application concerning the management of funds potentially linked to criminal activities. The respondents involved are Thomas R. Higgins and the TRH Foundation. The background revealed that Higgins, a former CEO of Maple Financial Group Inc., and the Foundation had accounts managed by East West. East West became concerned when it learned of criminal proceedings in Germany related to Maple Bank GmbH and suspected that some funds deposited by Higgins and the Foundation might constitute "proceeds of crime" under Canadian law.
To address this concern, East West filed suspicious transaction reports with the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC). However, this presented a dilemma: managing these funds or returning them could potentially violate the Criminal Code. East West filed an application requesting permission to pay the funds into court or a declaration that their continued management did not breach the law.
The court order, the investments in the accounts would be converted into cash, and a specific amount of CDN $4,398,168 would be paid into court. Furthermore, an amount of CDN $282,000 shall be paid to East West for legal fees, disbursements and taxes.
In summary, East West's application, supported by the respondents, sought court intervention due to concerns about potential criminal associations with the funds they managed.