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B.C.-based Chinese currency exchange implodes amid tangle of lawsuits and failed transfers – CBC.ca

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Like many members of Vancouver’s Chinese-Canadian community, Weihua Xiao still has assets in China. 

Sometimes, she needs to move them from country to country.

The Burnaby, B.C., woman swore as much in an affidavit recently after finding herself on the receiving end of a lawsuit filed by someone who claims they’re owed money Xiao promised to help transfer out of China in defiance of strict currency restrictions.

Xiao claims she’s the victim — pointing the finger instead at another Lower Mainland resident who is at the centre of a tangle of civil claims related to what appears to be a failed money exchange and customers seeking millions in debts.

In her affidavit, Weihua Xiao claims she “feels terrible” for advising the woman suing her that money transfers were “completely safe.”

“I used to toss words around like ‘guaranteed’ and ‘put your mind at ease’ when sending text messages,” Xiao writes.

“In reality, her money was never safe.”

A ‘small commission’ for acting as ‘agent’

China limits the export of currency to $50,000 US per year, setting up a market for exchanges in other countries in which operators help people move their fortunes out of China for a fee. 

Sarah Wu, the woman suing Xiao, claimed she transferred 1.34 million Chinese renminbi — or yuan — to bank accounts Xiao controlled in China in October 2020 on the understanding she would receive $260,000 in Canada in return.

A Chinese bank clerk counts Chinese renminbi banknotes at a bank. China places a limit of US $50,000 a year on transfers out of the country. (The Associated Press)

Xiao has denied the allegations, accusing Wu of holding her liable for money she tried to “smuggle out of China and which appears to have been taken or confiscated by an unknown third party or government actor.”

In an affidavit, she claimed she “never set up a formal money exchange business” but instead collected a “small commission” by acting as an “agent” between friends and a woman who regularly transferred money out of China for others — Xu Dong Liu.

Xiao claimed Liu told her Wu’s money remained in a currency exchange bank account that was frozen by Hong Kong law enforcement and that Liu and her business partners had encountered some “problems” with their transfers.

Gone ‘incommunicado’

The CBC has found at least eight lawsuits filed against Xu Dong Liu and her husband, Jiahua Dong, for losses of up to US $1 million through breached exchange agreements.

The most recent was filed in August by a “homemaker” who claims she contracted with the couple to transfer $500,000 from China to Canada in 2019 and never received her money.

A series of lawsuits have been filed in B.C. Supreme Court in recent months in relation to failed attempts to transfer money between China and Canada. (David Horemans/CBC)

Last month, a B.C. Supreme Court judge ordered Liu and Dong to pay $641,981.81 to another claimant to make up for a mixture of principal and interest on a “loan” made in 2019.

And in another case, the numbered company behind a restaurant claimed to have reached a deal with Liu and Dong to “borrow” $500,000 from China to pay employees after running short on cash due to the pandemic.

The notice of claim accuses Liu and Dong of breaching an agreement to pay back $215,000 of the cash and then going “incommunicado.”

‘Please don’t damage my shop’

Several of the lawsuits name Dong’s Richmond-based company — Jingdinglai Holding, which is registered as a money services business with Canada’s Financial Transactions and Reports Analysis Centre (FINTRAC).

The business appears to have collapsed. The phone number goes straight to an automated reply with no chance of leaving a message. An unlit neon sign signalling a currency exchange hangs above a ‘For Lease’ notice in the window of the unit listed as the business address, a storefront in a busy strip mall.

A sign posted in Chinese outside the window of the unit that once housed Jingdinglai Holding. The sign says the foreign exchange business has moved: “I’m the landlord. I’m also a victim. Please don’t damage my shop. Thank you.” (Jason Proctor/CBC)

A woman who works next door told a CBC reporter a stream of people have come looking for the owners. She said she has seen people break into tears on the sidewalk.

A mall manager confirmed that the windows of the unit have been broken in recent months.

The unit’s owner has posted signs in Chinese, saying the tenant has moved out: “I’m the landlord. I’m also a victim. Please don’t damage my shop. Thank you.”

Documents filed in one court application accuse Liu and Dong of “evading service.” 

Liu and Dong have not filed responses to some of the claims, but in reply to two, Liu denied any wrongdoing.

The lawyer who represented her did not return a call from CBC. According to court documents, he has withdrawn as her lawyer in relation to one of the claims — for US $1 million.

‘All sorts of potential problems’

Former RCMP deputy commissioner Peter German authored a 2018 report on money laundering in B.C. which included a call for greater regulation of the money services industry.

“I suspect the reason you see it in civil courts rather than criminal courts is because the police either don’t have the resources or the time to deal with these things,” he said.

German said hard-working, honest people can find their options limited when trying to move their assets out of a country like China.

“They want to get the money out, they’re looking for somebody in the shadow world to do it for them and the next thing you know they get defrauded,” he said.

“So it leads to all sorts of potential problems. And then the civil courts are being asked to deal with it.”

In an email, FINTRAC said registration as a money services business does not “indicate an endorsement or licensing of the business,” only the fulfilment of a legal requirement to register with the federal government.

The agency says privacy laws prevent the disclosure of any information about Jingdinglai Holding.

German said registration with FINTRAC means only that the agency is aware of a company’s existence, but does not guarantee enforcement or heightened scrutiny.

None of the claims against Xiao, Liu or Dong have been proven in court.

Xiao’s lawyer, Russell Robertson, says his client is confident that the truth of the matter will  ultimately come out in court. He said one thing she knows for sure is that she didn’t receive any money.

“She is, in a sense, a victim too,” he told the CBC.

“She put her own trust in the people that she was dealing with…. And it didn’t work out.”

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Canada Goose to get into eyewear through deal with Marchon

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TORONTO – Canada Goose Holdings Inc. says it has signed a deal that will result in the creation of its first eyewear collection.

The deal announced on Thursday by the Toronto-based luxury apparel company comes in the form of an exclusive, long-term global licensing agreement with Marchon Eyewear Inc.

The terms and value of the agreement were not disclosed, but Marchon produces eyewear for brands including Lacoste, Nike, Calvin Klein, Ferragamo, Longchamp and Zeiss.

Marchon plans to roll out both sunglasses and optical wear under the Canada Goose name next spring, starting in North America.

Canada Goose says the eyewear will be sold through optical retailers, department stores, Canada Goose shops and its website.

Canada Goose CEO Dani Reiss told The Canadian Press in August that he envisioned his company eventually expanding into eyewear and luggage.

This report by The Canadian Press was first published Sept. 19, 2024.

Companies in this story: (TSX:GOOS)

The Canadian Press. All rights reserved.

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A timeline of events in the bread price-fixing scandal

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Almost seven years since news broke of an alleged conspiracy to fix the price of packaged bread across Canada, the saga isn’t over: the Competition Bureau continues to investigate the companies that may have been involved, and two class-action lawsuits continue to work their way through the courts.

Here’s a timeline of key events in the bread price-fixing case.

Oct. 31, 2017: The Competition Bureau says it’s investigating allegations of bread price-fixing and that it was granted search warrants in the case. Several grocers confirm they are co-operating in the probe.

Dec. 19, 2017: Loblaw and George Weston say they participated in an “industry-wide price-fixing arrangement” to raise the price of packaged bread. The companies say they have been co-operating in the Competition Bureau’s investigation since March 2015, when they self-reported to the bureau upon discovering anti-competitive behaviour, and are receiving immunity from prosecution. They announce they are offering $25 gift cards to customers amid the ongoing investigation into alleged bread price-fixing.

Jan. 31, 2018: In court documents, the Competition Bureau says at least $1.50 was added to the price of a loaf of bread between about 2001 and 2016.

Dec. 20, 2019: A class-action lawsuit in a Quebec court against multiple grocers and food companies is certified against a number of companies allegedly involved in bread price-fixing, including Loblaw, George Weston, Metro, Sobeys, Walmart Canada, Canada Bread and Giant Tiger (which have all denied involvement, except for Loblaw and George Weston, which later settled with the plaintiffs).

Dec. 31, 2021: A class-action lawsuit in an Ontario court covering all Canadian residents except those in Quebec who bought packaged bread from a company named in the suit is certified against roughly the same group of companies.

June 21, 2023: Bakery giant Canada Bread Co. is fined $50 million after pleading guilty to four counts of price-fixing under the Competition Act as part of the Competition Bureau’s ongoing investigation.

Oct. 25 2023: Canada Bread files a statement of defence in the Ontario class action denying participating in the alleged conspiracy and saying any anti-competitive behaviour it participated in was at the direction and to the benefit of its then-majority owner Maple Leaf Foods, which is not a defendant in the case (neither is its current owner Grupo Bimbo). Maple Leaf calls Canada Bread’s accusations “baseless.”

Dec. 20, 2023: Metro files new documents in the Ontario class action accusing Loblaw and its parent company George Weston of conspiring to implicate it in the alleged scheme, denying involvement. Sobeys has made a similar claim. The two companies deny the allegations.

July 25, 2024: Loblaw and George Weston say they agreed to pay a combined $500 million to settle both the Ontario and Quebec class-action lawsuits. Loblaw’s share of the settlement includes a $96-million credit for the gift cards it gave out years earlier.

Sept. 12, 2024: Canada Bread files new documents in Ontario court as part of the class action, claiming Maple Leaf used it as a “shield” to avoid liability in the alleged scheme. Maple Leaf was a majority shareholder of Canada Bread until 2014, and the company claims it’s liable for any price-fixing activity. Maple Leaf refutes the claims.

This report by The Canadian Press was first published Sept. 19, 2024.

Companies in this story: (TSX:L, TSX:MFI, TSX:MRU, TSX:EMP.A, TSX:WN)

The Canadian Press. All rights reserved.

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TD CEO to retire next year, takes responsibility for money laundering failures

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TORONTO – TD Bank Group, which is mired in a money laundering scandal in the U.S., says chief executive Bharat Masrani will retire next year.

Masrani, who will retire officially on April 10, 2025, says the bank’s, “anti-money laundering challenges,” took place on his watch and he takes full responsibility.

The bank named Raymond Chun, TD’s group head, Canadian personal banking, as his successor.

As part of a transition plan, Chun will become chief operating officer on Nov. 1 before taking over the top job when Masrani steps down at the bank’s annual meeting next year.

TD also announced that Riaz Ahmed, group head, wholesale banking and president and CEO of TD Securities, will retire at the end of January 2025.

TD has taken billions in charges related to ongoing U.S. investigations into the failure of its anti-money laundering program.

This report by The Canadian Press was first published Sept. 19, 2024.

Companies in this story: (TSX:TD)

The Canadian Press. All rights reserved.

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