International Criminal Defence
Mr. Martin and his associates have broad experience in the art and science of defending individuals and companies facing criminal jeopardy in jurisdictions outside Canada. Although much of their work involves responding to the aggressive threat of U.S. law enforcement they have a great deal of experience dealing with the transnational criminal charges originating from the United Kingdom, Germany, Switzerland, France, Mexico and Hong Kong/China. Due to his work in these and other jurisdictions Mr. Martin enjoys long standing, efficient and effective working relationships with leading criminal lawyers in all cities in the United States and around the world. A representative sample of some of Mr. Martin’s recent work includes:
The successful prosecution of an application in the Canadian Courts on behalf of a Canadian citizen facing trial in Miami for disclosure of evidence in the possession of the RCMP who had conducted a joint sting operation with the FBI. The Canadian disclosure order that was ultimately made resulted in the production of evidence essential to demonstrate innocence that would have otherwise been unavailable under the applicable U.S. disclosure law and which resulted in the acquittal of the client at trial.
Purdy v. Attorney General of Canada, 2003 BCCA 447 (opens pdf)
Between 2002 and 2004 the successful leadership of a multi-jurisdictional team defending the shareholder of a leading multinational electronics company under investigation by the IRS Criminal Division and the Seattle U.S. Attorneys office with the result that a personal indictment was avoided by way of a comprehensive criminal/civil settlement agreement implemented by way of a corporate plea by a manufacturing subsidiary.
Seattle Press Release (opens pdf)
Between 2005 and 2008 another successful leadership of a very large multi-jurisdictional team defending a senior executive and the founders of a leading multinational travel industry holding company facing indictments for tax evasion in the Southern District of New York.
From 2005 and continuing, the defence of one of the principals of a global newspaper industry holding company in the so called “Hollinger affair”.
From 2006 and continuing, the defense of the President of the leading Mexican Miners Union in exile in Canada while successfully moving to have baseless criminal charges in that country dismissed by the Mexican Courts.
From 2009 onward the defense of various internet gaming entrepreneurs in conflict with various aspects of U.S. anti-gaming legislation.
In 2013 and 2015 the prosecution and resolution of civil damages claims against the CBSA, the RCMP and the Director of Civil Forfeiture for bringing inappropriate criminal charges and forfeiture proceedings and for related defamation.
From 2015 to 2018 the conduct of internal investigations in response to alleged foreign corrupt practices in Brazil and alleged tax evasion in Germany.
From December 2018 to September 2021, M+A led the resistance of Sabrina Meng, the CFO of the telecommunications giant, Huawei, to an extradition request initiated by the USA alleging fraud related to Huawei’s dealings with its then banker HSBC. On September 22, 2021 the USA withdrew its extradition request following a Hong Kong Court order, which M+A obtained, requiring HSBC to disclose its internal records which demonstrated that the US fraud allegation was without merit.
At the moment Mr. Martin is working with teams engaged in the defense of SEC civil enforcement proceedings originating in Los Angeles and New York. He is also leading the defense against civil forfeiture suits originating in Seattle and New York and against CRA and IRS civil tax claims arising in consequence of the so-called “Panama Papers” disclosures. Finally, he and his associates are defending against extradition requests originating from Seattle, Miami, New York, Washington DC, Mexico City, Frankfurt, Paris and London.