Sask. court says Crown can keep $67K seized by RCMP, despite no evidence of crime

Court of King's Bench in Regina can be seen in this file photo. (Gareth Dillistone/CTV News)

A Saskatchewan court has ruled that over $67,000 in cash seized by an RCMP officer during a traffic stop in 2021 should be forfeited to the Crown – despite no direct evidence of criminal activity being found at the time of the seizure.

Saskatchewan’s director of civil forfeiture appeared before Saskatchewan’s Court of King’s Bench in Regina – arguing that the money was used in the trafficking of contraband cigarettes.

Judge Jodi Wildeman noted in her decision that there is no direct evidence linking the two accused to illegal activities – and that the director’s argument relies on circumstantial evidence.

The incident in question occurred in the early morning hours of June 17, 2021.

Saskatchewan RCMP Cpl. Alexandros Giannoulis was monitoring eastbound traffic on Highway 1 near Beverly, Sask. when he stopped a Toyota Corolla for a license and registration check at 4:16 a.m. that morning.

The two men in the vehicle, Antonio Romano and Justin Foley, claimed they were travelling from Ottawa to Calgary in the rental vehicle.

Giannoulis requested to see the rental agreement and walked back to his vehicle to conduct record checks on the two men.

A search revealed Foley had an extensive criminal record which included drug related convictions dating back to 1996.

RCMP records also indicated that Foley was suspected of being a high-level cocaine distributor and participated in several multi-kilogram trafficking files.

The officer returned to the vehicle and asked to see the rental agreement again.

As the pair tried to locate it, Giannoulis observed three cell phones in the vehicle’s glove box and another lying on the floor. Giannoulis also noted that Romano’s hand was bleeding.

Returning to his cruiser, Giannoulis contacted Cst. Kyle Castelin to discuss his interactions with the pair.

Based on what he observed, Giannoulis formed the belief that the two men were in possession of a controlled substance.

Castelin agreed with Giannoulis’ conclusion.

As a result, Giannoulis placed Foley and Romano under arrest, both men declined to speak to counsel.

A search of the rental car revealed four bundles of cash – which were discovered in three separate spots in the vehicle’s trunk.

On top of the $67,480 in cash, RCMP also seized a large amount of plastic bags, three cell phones and one laptop.

Both men were re-arrested for possessing proceeds of crime over $5,000.

In her decision, Wildeman outlines the director’s argument in which she references other cases where the courts have concluded that certain patterns of behaviour are indicative or consistent with drug trafficking.

Elements of Foley and Romano’s behavior that were highlighted included the time of day the duo was travelling and the fact that they were using a rental vehicle.

“[I]ndividuals who fear detection by police may employ the use of a third-party vehicle so as to remain anonymous while travelling, and to try to prevent the vehicle from being subject to forfeiture if the individual is apprehended, and to plausibly deny knowledge of the contents of the vehicle,” Wildeman wrote, referencing the director’s argument.

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Cpl. Giannoulis’s testimony was covered in the decision in two categories.

The first dealt with Giannoulis’s explanation of his observations prior to the seizure. The corporal noted that the pair’s origin of Ottawa and destination of Calgary represented a major source, and a major destination point for drugs.

Additionally, Giannouli’s observations of Romano and Foley’s behaviour, such as the passenger speaking for the driver, matched his past encounters with travelling criminals.

The second category of Giannouli’s testimony concerned his interpretation of slang used in texts and messages that were present on the seized phones and laptop.

One excerpt of a message to a contact in Vancouver included the term “Duty free natives,” which is a street term for duty-free cigarettes, according to Giannouli’s testimony.

The excerpt was one of many messages and emails containing references to selling “smokes.”

However, both categories were ruled to be “opinion evidence” and Giannouli’s testimony was found to be inadmissible in the ruling.

Regardless, Wildeman accepted that it was more probable than not that the $67,480 seized was the proceeds or instruments of illegal activity.

“In particular, when examining the admissible evidence, there are a number of highly suspicious circumstances that have gone unexplained and unchallenged,” the decision read.

Wildeman highlighted the existence of bags filled with thousands of dollars, hidden inside a trunk on a cross Canada road trip as being highly suspect.

Additionally, Wildeman noted that there were “a number” of inconsistencies in the statements provided by the two accused.

Foley told officers that the pair had known each other for five or six years while Romano claimed they had known each other 17 years.

The pair were also unsure of each others last names. Police noted that Foley claimed he was a contractor, while Romano claimed Foley owned a pizzeria.

As for how the pair acquired the more than $67,000, Romano made several claims, first claiming he won the sum gambling, then claiming it came from selling jewellery to three separate people before finally claiming he sold jewellery to “one Asian woman in her late fifties.”

“When I examine the evidence in its totality, I am satisfied it is more likely than not the property is tainted by crime,” Wildeman wrote in her decision.

“While it is not necessary for me to identify the property was acquired through a specific unlawful act, I am satisfied on a balance of probabilities the property is proceeds of the illegal sale or purchase of contraband cigarettes.”

Agreeing with the director’s request, Wildeman ruled that the $67,480 be forfeited to the Crown.