SEC charges Ontario man, 26, for $18M (U.S.) scheme

2025-12-10 20:19 ET - Street Wire

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Doubt if Mr. Gauvin will still be in his 20s when this gets him into the USA.

American courts generally lack direct jurisdiction to enforce criminal processes (like serving an arrest warrant or indictment) in Canada. Instead, cooperation is managed through international agreements, specifically the extradition treaty between the United States and Canada. Investigation and Warrant: New York authorities first investigate the alleged fraud. If sufficient evidence is found, charges are filed, and an arrest warrant is issued in New York. Extradition Request: If the individual is known to be in Canada, the U.S. Department of Justice will work with the Canadian Department of Justice's International Assistance Group (IAG) to initiate a formal extradition request. Review and Provisional Arrest: The IAG reviews the request to ensure the alleged conduct is criminal in both countries and meets the minimum penalty threshold (generally punishable by a maximum jail term of two years or more, which fraud typically is). If accepted, Canadian authorities (like the Ontario Provincial Police) will receive an arrest warrant and locate/arrest the individual in Ontario. Extradition Hearing: The accused is brought before a Canadian judge for an extradition hearing. This is not a trial to determine guilt or innocence, but to confirm the identity of the person and determine if there is enough evidence to justify a trial in Canada if the crime had occurred there. Ministerial Decision and Surrender: If the judge commits the person for extradition, the Canadian Minister of Justice makes the final decision on whether to surrender the individual to U.S. authorities. The accused has the right to appeal these decisions. Transfer to New York: If extradition is granted, the individual is transferred to New York to face the fraud charges in an American court. Key Considerations Dual Criminality: Extradition is only granted if the alleged actions constitute a crime punishable by imprisonment for a term exceeding one year in both countries. Fraud meets this standard. Admissibility to the US: Merely having pending criminal charges in Canada or the U.S., or even an admission of guilt, can make a Canadian citizen inadmissible to the United States. Legal Advice: An individual in this situation should seek immediate legal counsel from a lawyer experienced in both U.S. criminal law and Canadian extradition law, as this process is complex.