Is there a such thing as a white-collar crown?

[Whitecollarcrime]

Hi all,

I an AML investigator at a private consulting company contemplating about going into a law school with an end goal of becoming a crown prosecutor.  I am completely new to the forum and blind to how the industry works. That being said, I have a few questions I was hoping to get the community's input. 

• Is there a such thing as a white-collar crown prosecutor in Canada? 
  • If yes, what is the overall process of becoming one?
• What are some of the resources available to learn about the career path of a crown prosecutor?

 

Thank you all! 

 

[CleanHands]

I have spoken to a few Crowns who have worked on major white collar cases, including some of the largest fraud cases in Canadian history. They all started as general provincial Crown prosecutors and ended up becoming (mostly but not exclusively) niche fraud prosecutors because they were interested in it and good at it. Those files are pains in the ass so generally if you want them your chief and colleagues would be happy for them to be assigned to you.

But yeah, they were all prosecutors first and fraud lawyers second. Maybe some provinces operate differently, I dunno. But I'd be very surprised if you could become a specialized fraud prosecutor without first putting in your dues with generalized prosecution experience. Fraud cases tend to be especially difficult to prosecute so first you need a basic foundation for how to work cases and secure convictions (even if you have special training on how fraud in particular works).

I wouldn't recommend aspiring to be a Crown with the intention and interest of working on one narrow subset of criminal files, though. You really need to like criminal law, first and foremost.

[QueensDenning]

would probably be easier to work in corporate/corporate litigation helping clients get around allegations of fraud 

[123]

2 hours ago, CleanHands said:

niche fraud prosecutors because they were interested in it and good at it. Those files are pains in the ass so generally if you want them your chief and colleagues would be happy for them to be assigned to you.

Agreed. Fraud trials are tedious and tend to be an exercise in the management of voluminous documentary disclosure, as much as anything else. 

Edited October 26, 2021 by realpseudonym

[CleanHands]

13 minutes ago, realpseudonym said:

Agreed. Fraud trials are tedious and tend to be an exercise in the management of voluminous documentary disclosure, as much as anything else. 

That and elements tend to be way harder to prove than for most offences because the schemes can get very convoluted and the knowledge and intentions of involved parties can be really muddy. And then after dealing with the massive volume of disclosure and finding the needles in the haystack that satisfy the elements, the sentences tend to be really light. So it's a huge amount of work for little payoff.

[TheDevilIKnow]

I am only halfway through the "Securities Regulation" course, and not doing particularly well, at it, so the following question might be stupid but oh well:

Would work for a securities commission be a reasonably good alternative for OP's interests? Not criminal, but still sort of "prosecuting" a variety of white-collar activities that can be (loosely) considered fraud. Might be a good way to essentially get what you're looking for, without going the Crown route and without having to learn all the rest of the criminal law (very little of which you will learn in your mandatory crim course).

The reason I am unsure about this suggestion is that we haven't covered the "enforcement" unit of the course yet, so I don't really know what the process looks like.

[Darth Vader]

14 minutes ago, TheDevilIKnow said:

I am only halfway through the "Securities Regulation" course, and not doing particularly well, at it, so the following question might be stupid but oh well:

Would work for a securities commission be a reasonably good alternative for OP's interests? Not criminal, but still sort of "prosecuting" a variety of white-collar activities that can be (loosely) considered fraud. Might be a good way to essentially get what you're looking for, without going the Crown route and without having to learn all the rest of the criminal law (very little of which you will learn in your mandatory crim course).

The reason I am unsure about this suggestion is that we haven't covered the "enforcement" unit of the course yet, so I don't really know what the process looks like.

The OSC is an option - https://www.osc.ca/en/enforcement. Bear in mind that there is very high turnover there. It's the one government employer that consistently has new job openings. You are working Bay Street hours for a government salary, so it is not for everyone. 

Here is a sample job posting.

Litigation Counsel Opportunities
Enforcement Branch
Full-time Permanent
File #21-71

The Ontario Securities Commission (OSC) is the statutory body responsible for regulating Ontario’s capital markets in accordance with the mandate established in the provincial Securities Act and the Commodity Futures Act. The Commission’s mandate is to provide protection to investors from unfair, improper or fraudulent practices, to foster fair and efficient capital markets and confidence in capital markets, to foster capital formation, and to contribute to the stability of the financial system and the reduction of systemic risk. This mandate is performed through policy, operational, adjudication and enforcement work. The OSC also contributes to national and global securities regulation development.

We offer a diverse, fair, and flexible work environment and take pride in our challenging and rewarding work.

The Enforcement Branch supports the OSC in delivering fair, vigorous and timely enforcement The Enforcement Branch investigates and litigates breaches of securities laws in Ontario. Staff works closely with other securities regulators, self-regulatory organizations and law-enforcement agencies to enhance initiatives to fight misconduct. A strong enforcement presence assists in protecting investors from unfair, improper or fraudulent practices and fostering fair and efficient markets.

The Regulatory Enforcement Action Team within the Enforcement Branch is hiring for junior-level and intermediate level Litigation Counsels to support investigations and litigate breaches of Ontario securities law.
What’s in it for you?
• Gain valuable advocacy experience and mentoring opportunities
• Be an integral part of a leading-edge team leveraging an innovative mix of traditional investigative techniques, data analytics, and open source intelligence analysis to investigate and prosecute complex cases of Securities Act violations
• Work in a collaborative, progressive, and professionally diverse team
• Make a difference and have a meaningful impact on investors and participants in Ontario’s capital markets

Working in a dynamic, fast-paced environment on a multi-disciplinary team, as Litigation Counsel, you will support investigations by conducting legal research, examining files for potential breaches of Ontario securities law by identifying important legal issues and assisting in the formulation of a strategy for successful investigations. You will analyze and evaluate evidence to determine whether violations have occurred and exercise professional judgment in making recommendations for appropriate action. You will prosecute Securities Act violations before the Commission and Commercial List.
What will you do?
• Conduct, review and analyze legal research to support investigations
• Examine files for potential breaches of Ontario securities law by identifying important legal issues
• Draft appropriate allegations, liaise with defense counsel and other stakeholders in your day-to-day duties
• Provide litigation advice and support for investigations into possible breaches of the Securities Act and the Commodity Futures Act, and determine whether violations have occurred
• Recommend appropriate action, if any
• Negotiate settlements, where appropriate
• Advise on policy matters affecting the Commission’s mandate to enforce Ontario securities law
• Prepare and conduct enforcement proceedings before the Ontario Securities Commission and Commercial List
• Provide updates, analysis, strategy and recommendations, to senior staff and/or the Manager on issues and ongoing file matters
• Work closely with senior litigation counsel to support or participate in complex hearings/trials

What do you need to be successful in this role?

We are looking for someone who is committed to working to protect investors and foster confidence in our capital markets. Candidates must have a minimum of 1 year of experience as a litigator for the junior litigation counsel role and at least 5 years of litigation experience for the intermediate litigation counsel role. Both roles will require that you are a lawyer in good standing with the Law Society of Ontario. More particularly, we would prefer to see a candidate with the following qualifications:
• On your feet litigation experience in particular conducting proceedings in securities-related matters, appearing before administrative tribunals, familiarity with the Securities Act, the Statutory Powers Procedure Act and the Provincial Offences Act.
• In-depth knowledge of criminal law and/or administrative law and/or securities law.
• Working knowledge of the securities and commodities markets would be an asset.
• Previous experience in the conduct of investigations including interviewing, the use of compulsion or search warrants, data analytics or OSINT.
• Previous experience as lead or sole counsel on hearings or trials in order to be able to conduct a proceeding without supervision.

Offer of employment is conditional upon the successful completion of security checks.
Grow your career and make a difference working at the OSC. Apply online by September 10, 2021.
• *Internal applicants: please apply using the Taleo profile created with your OSC email address**

We thank all applicants for their interest in the Ontario Securities Commission. We will contact those selected for an interview.
The OSC is committed to diversity and providing an inclusive workplace. It is our priority to ensure employment opportunities are visible and barrier-free to all under-represented groups including but not limited to, Indigenous, Black and racialized groups, people with disabilities, women and people from the LGBTQ2S community, to achieve an employee demographic profile reflective of the demographic profile of Ontarians.
The OSC is a proud partner with the following organizations: BlackNorth Initiative , Canadian Centre for Diversity and Inclusion , and Pride at Work Canada
If you require an accommodation during the recruitment process, please let us know by contacting our confidential inbox HRRecruitment@osc.gov.on.ca . Visit Accessibility at the OSC to review the OSC’s policies on accessibility and accommodation in the workplace.

[Whitecollarcrime]

@CleanHands @QueensDenning @realpseudonym Thank you so much for your thoughts! 

3 hours ago, CleanHands said:

I wouldn't recommend aspiring to be a Crown with the intention and interest of working on one narrow subset of criminal files, though. You really need to like criminal law, first and foremost.

This is something I would definitely have to think about. Thank you all.

20 minutes ago, TheDevilIKnow said:

I am only halfway through the "Securities Regulation" course, and not doing particularly well, at it, so the following question might be stupid but oh well:

Would work for a securities commission be a reasonably good alternative for OP's interests? Not criminal, but still sort of "prosecuting" a variety of white-collar activities that can be (loosely) considered fraud. Might be a good way to essentially get what you're looking for, without going the Crown route and without having to learn all the rest of the criminal law (very little of which you will learn in your mandatory crim course).

The reason I am unsure about this suggestion is that we haven't covered the "enforcement" unit of the course yet, so I don't really know what the process looks like.

I would also be interested to know what the process looks like.

 

 

[BlockedQuebecois]

Kangaroo court. The OSC enforcement mechanism looks like a kangaroo court. 

[Vizslaw]

1 hour ago, realpseudonym said:

Agreed. Fraud trials are tedious and tend to be an exercise in the management of voluminous documentary disclosure, as much as anything else. 

This is exactly how I learned about the glory that was the 540 Statement at a Preliminary Inquiry as a Federal Crown (once upon a time) prosecuting bankruptcy and mortgage frauds.