FINTRAC LITIGATION AND REMEDIATION SUPPORT
The AML Expertise your legal team needs, from advisory through remediation.
When your client receives a FINTRAC Notice of Violation or faces an Administrative Monetary Penalty appeal, the technical compliance work can be complex and time-sensitive. We partner with legal counsel across Canada as dedicated AML advisors — helping you understand the compliance landscape, build a strong evidentiary record, and guide your client through remediation every step of the way.
THE ENFORCEMENT LANDSCAPE
FINTRAC is issuing record-breaking penalties. The stakes have never been higher.
With Bill C-12 and the Budget 2025 Implementation Act in force, FINTRAC now applies a substantive test — compliance programs must be "reasonably designed, risk-based, and effective." Paper-only programs are being scrutinized. Mandatory Compliance Agreements now follow every finalized AMP (after any appeals), and the remediation obligations that come with them require dedicated, expert-level support to execute properly.
TRIGGER 1
FINDINGS letter INDICATING POTENTIAL AMP
Your client has received a letter from FINTRAC indicating a potential AMP and has 30 days to file written representations to the Director of FINTRAC. We provide the AML technical analysis your team needs to respond effectively within that window.
TRIGGER 2
DIRECTOR UPHOLDS THE PENALTY
A further 30-day window opens to file a FINTRAC Administrative Monetary Penalty appeal at Federal Court. Where needed, we provide independent expert witness reports to support your client’s case.
ONGOING
MANDATORY COMPLIANCE AGREEMENT IN FORCE
We help your client meet every director-determined remediation deadline — translating MCA obligations into a structured, executable compliance improvement plan.
OUR SERVICES
AML BUILT FOR THE LEGAL COMMUNITY
Whether you need anti-money laundering technical analysis to inform your strategy, a structured remediation plan, or an independent expert witness report, we bring the specialized AML knowledge that lets you focus on the law.
Independent AML compliance program gap analysis
A thorough, independent assessment of your client's compliance program measured against Canada’s regime, FINTRAC's guidance and sector-specific requirements — giving your team a clear picture of where gaps exist and how to address them.
FINTRAC expert witness reports
Where proceedings require it, we provide independent expert witness reports drafted to satisfy the expert witness White Burgess compliance standard. Our AML experts bring the sector depth and documented independence that counsel needs.
Director representations support
We prepare the technical AML analysis and evidence your team needs to file well-supported written representations within the 30-day window, addressing FINTRAC's findings clearly and precisely.
Mandatory compliance agreement (mca) remediation execution
Once an MCA is in place, we work alongside your client to build and execute the remediation plan — translating compliance obligations into concrete, measurable improvements that meet every director-determined deadline.
MSB Registration revocation advisory
Technical AML analysis and representation support for MSB registration denial or revocation matters, helping your team understand the compliance issues at the heart of the decision.
WHO WE WORK WITH
AML EXPERTISE ACROSS EVERY REGULATED SECTOR
We help serve legal and defense counsel and their clients across the full spectrum of industries regulated by FINTRAC in Canada.
White-collar & regulatory defense
Litigators who need reliable AML technical support the moment a Findings Letter indicating a potential AMP lands — to inform strategy, prepare representations, and support the appeal record.
Financial services & fintech
Counsel advising MSBs, Financial Institutions, Credit Unions, Crypto platforms, Stablecoin Issuers and payment processors navigating FINTRAC registration/requirements and MCA obligations.
real estate AND MORTGAGE
Counsel representing real estate brokerages and developers facing active FINTRAC enforcement, and mortgage lenders, brokers, and administrators newly regulated since October 2024 — a sector where compliance programs are under increasing regulatory scrutiny.
Wealth management
Advisors and lawyers serving securities dealers, portfolio managers, and investment platforms subject to FINTRAC's evolving reporting requirements.
Accounting firms
Counsel representing CPAs and accounting firms navigating FINTRAC's reporting and compliance obligations under the PCMLTFA — a distinct and often underserved area of AML enforcement.
FINANCING, LEASING & FACTORING COMPANIEs
Counsel representing financing and leasing entities and factoring companies newly brought under the PCMLTFA as of April 1, 2025. Many entered the regime on a compressed timeline in 2025 — making robust compliance programs and expert AML support more critical than ever.
OUR INDEPENDENCE
THE “WHITE BURGESS” STANDARD — satisfied.
Canadian courts require expert witnesses to be objectively impartial. As experienced AML litigation consultants in Canada, our team has a track record of acting for both proactive corporate compliance and regulated-entity defense — making that independence documentable, not just asserted.
-
Gather and organize requested documentation
Pull together your requested compliance program documents and supplementary information: Ensure everything is current, dated, easy to map to specific FINTRAC requests, and is provided in the manner in which it has been requested.Conduct an internal readiness review
Before FINTRAC arrives (or before submitting documents for a desk/virtual examination), do a self-check of your compliance program against current obligations. Identify gaps early — this lets you prepare context or remediation explanations rather than being surprised during the exam.Prepare staff who may be interviewed
Brief employees who might interact with examiners (front-line staff, compliance team) on what to expect, emphasizing honesty and accuracy — not scripted answers. Make sure they know who to redirect detailed or ambiguous questions to (usually the compliance officer).Establish a plan for tracking findings and responding to deficiencies
Set up an internal process to log any issues examiners raise during the exam, assign owners, and begin drafting remediation actions even before the final report arrives. This positions you to respond quickly and credibly to any Notice of Violation or compliance letter with a coherent action plan.Pull in subject matter experts early, not on demand
Identify who can speak knowledgeably to each area in scope (client identification, transaction reporting, risk assessment, training, IT/record-keeping systems) and confirm their availability for the exam window. If key people are on leave, part-time, or stretched across other projects, arrange coverage or backup contacts now.Secure IT and systems support in advance
Examiners often need timely access to records, transaction data, or reporting systems. Make sure IT or your record-keeping system administrator is available to pull data, grant access, or troubleshoot on short notice — don't assume this can be handled ad hoc once the exam starts.Budget for the possibility of external support
Decide upfront whether you'll need outside help — AML counsel, a compliance consultant, or additional temporary staff — particularly if the exam scope is broad, your internal team is thin, or this is your first examination. Getting sign-off for this budget early avoids delays if gaps emerge mid-exam.Protect time for internal readiness review before the exam starts
Block dedicated time (not squeezed between regular duties) for the compliance team to self-review documentation and identify gaps. This step gets skipped or rushed most often when resourcing is tight, and it's the one that most affects how the exam actually goes.Plan resourcing for the post-exam period, not just the exam itself
Findings and requests for remediation often land right when everyone's ready to stand down. Keep some compliance capacity in reserve for the weeks after the exam to log findings, assign owners, and respond to any Notice of Violation or deficiency letter promptly rather than scrambling
Your client's clock is running.
We respond quickly. Share with us the Notice of Violation or other legal matter requiring AML advisory, and a brief summary of the sector and timeline and we will get back to you promptly to see how we can assist.
contactus@theamlshop.ca · +1 (877) 701-0555
KEY CONTACTS
Michael Ecclestone - Principal, Regulatory Assessments
michael@theamlshop.ca
LinkedIn
Michael is Governance, Risk and Compliance Leader at The AML Shop, with over 20 years of experience in financial sector risk, regulatory compliance and legislation as an advisor, an executive, a regulator and a practicing lawyer. Read More
Mark Ambrose - Principal, Anti-Financial Crime and Regulatory Compliance
mark@theamlshop.ca
LinkedIn
Mark is an experienced compliance and financial crime risk professional with more than 30 years in financial services, including service as Chief Compliance Officer (CCO) and Chief Anti-Money Laundering Officer (CAMLO). He supports Canadian financial services businesses in enhancing compliance programs, mitigating regulatory risk, and responding effectively to supervisory oversight. Read more.
Marcelle Dadoun - Principal, Program Design and Advisory
marcelle@theamlshop.ca
LinkedIn
Marcelle Dadoun, Principal, Program Design and Advisory leads The AML Shop's compliance program design division and provides advisory support to all reporting types, including new and evolving money services businesses, payment service providers and fintech clients looking to navigate local and international regimes for registration, licensing, and regulations. Read more.
Adam Feldman - Principal, Risk Management and Technology
adam@theamlshop.ca
LinkedIn
Adam Feldman leads The AML Shop's risk management and technology divisions and is recognized as a specialist in the real estate, mortgage and financing, and professional services sectors…read more
Matthew McGuire - Co-Founder
matt@theamlshop.ca
LinkedIn
Matt McGuire is the Co-Founder of The AML Shop, launched in 2015. Matt has served as an advisor to Canadian, American and foreign governments, as well as the United Nations Office on Drugs and Crime. Read More.
QUICK LINKS