Background
Ross McGowan is a partner of Borden Ladner Gervais LLP and is National Chair of the firm's Fraud Law Practice Group. Ross provides advice to financial institutions and others relating to operations, payment systems, policy advice and regulatory compliance. In particular, Ross' practice includes a broad range of financial institution work specifically focused on provision of legal advice to financial institutions to combat loss arising from fraud. Ross has acted on matters ranging from litigation defence work of individual customer complaints to mass tort Ponzi Scheme claims. His practice includes provision of operations and compliance advice relating to design of banking systems, account agreements, policy manuals and regulatory compliance matters affecting financial institutions' operations. Ross also works with many fidelity, E. & O. and D. & O. insurer's to provide coverage and subrogation advice relating fraud losses, bondability of employees, policy design and defence of claims.
Ross has been a guest speaker at many national and regional conferences for industry groups including; The Canadian Payments Association, Payments Panorama, 2010; Canadian National Institute of Internal Auditors, 2010; National Conference of Association of Certified Fraud Examiners, 2009; and The International Association of Financial Crimes Investigators and many others. Ross has authored numerous articles on banking, bills of exchange and fraud related topics published by: Banking and Finance Law Review; L'Expert; Canadian Bar Association National Magazine; The Advocate; and the Continuing Legal Education Society of B.C.. In addition, Ross has received an international film award for his work in developing an employee fraud awareness video titled "Consequences" and was recognized in Who'sWhoLegal as one of Canada's leading business crime defence lawyers.
Ross was admitted to the British Columbia bar in 1988. He is a graduate of the University of Toronto with a Bachelor of Laws in 1987. He received a Bachelor of Arts in Economics (cum laude) from the University of Saskatchewan in 1984 and previously attended the University of Victoria.
Professional Experience
· Developed or assisted in modification of many of the account operating agreements and operation protocols for multi-provincial and national use by credit unions and banks for both retail consumer banking and business banking.
· Developed opinions and provided advice for credit unions concerning the interprovincial operation of trust companies as owned or controlled by credit unions.
· Provided advice to credit unions and banks on Anti-Money Laundering ("AML") legislation and regulations for development of compliance regimes and risk management for retail banking and deposit agency relationships.
· Assisted credit unions and others in regulatory compliance issues with OSFI and British Columbia's Financial Institutions Commission ("Ficom").
· Assisted in development of mandatory fidelity insurance program for B.C.'s credit unions, including both opinion work for development of regulation as well as insurance policy coverage and design.
· Developed opinions and provided advice for development of legislated compulsory insurance programs for certain regulated professions, including compliance advice on development of new insurance products designed for consumer protection.
· Provides internal training seminars to credit unions, banks and financial services industry groups on a wide array of regulatory compliance matters including privacy law, AML, payments systems, retail banking operations, compliance and risk and consumer protection legislation.
· Acts as litigation counsel for banks and credit unions for national and provincial class action defence in matters ranging from significant high profile Ponzi Schemes affecting hundreds or thousands to more unique claims as have challenged the validity of fractional reserve banking.
· Routinely represent a wide array of Canada's banks and credit unions as litigation counsel in courts across Canada for a diverse range of claims and issues requiring extensive knowledge and background in the Bills of Exchange Act, the Canadian Payments Association ACSS Clearing Rules, the Bank Act, Credit Union Incorporation Act, the Financial Institutions Act, and other legislation, with a particular emphasis on fraud related claims.
Rankings and Recognitions
· Recognized by Who's Who Legal: Canada 2011 (Business Crime).
· Winner of The Chris Award, Columbus International Film and Video Festival for production of "Consequences", a video project about the consequences of employee fraud.
Recent Publications and Public Speaking Engagements
· Panel Speaker at Canadian Payments Association national bi-annual industry conference, on Anti-Money Laundering with representatives from FINTRAC and RCMP.
· Speaker - Risk and Insurance Managers Association Canadian Western Conference on "Debt Protestors - and the Sovereign Man Ideology"
· Speaker - Registered Deposit Brokers Association Canadian National Conference "Litigation risk management for Deposit Brokers"
· Speaker - Institute of Internal Auditors Canadian National Conference, " Evaluating and Protecting against Third Party Fraud Risk: from Ponzi scheme to Fictitious Financings"
· Speaker - International Association of Financial Crimes Investigators, Western Canada Security Conference - "Detection and Investigation of Ponzi Schemes"
· Speaker - Association of Certified Fraud Examiners, National Conference - 'The Fraud Fighter's Tool-kit"
· Office of the Auditor General for British Columbia - Presentation on "The Intersection of Civil and Criminal Investigations on a Fraud File"
· Canadian Public Company Fined $9.5 Million For Bribery - Most Severe Penalty Handed Out Under Canada's Anti-Corruption Laws - Who's Next? Mondaq, August 5, 2011, Pletcher, Patel and McGowan
· Federal Government Announces Plans to Facilitate Federal Credit Unions, Mondaq, April 2010, Graham, Chan and McGowan
· Mortgage fraud: improving recovery through "waiver of tort", Lexology, September 2010, McGowan
· British Columbia Creditor's Remedies Practice Manual CLE BC, Chapter Author and co-editor.
· A Powerful Freeze from Canada: Mareva Injunctions Stop Fraudsters Cold, L'Expert, November 2009, Crerar and McGowan
· Lost and Stolen Cheques, Bank Drafts and Trust Cheque: Some Modest But Partial Solutions, The Advocate, March 2009, Olson and McGowan
· Canada: A Bank's Innocent Mishandling Of A Client's Funds Subject To A Mareva Injunction Freezing Order Leads To A Finding Of Contempt Of Court, Mondaq, April 2008, Crerar and McGowan
Recent and Representative Published Financial Services Proceedings
· Glenys Mino v. Pacific Coast Credit Union d.b.a. Coast Capital Savings Credit Union, 2001 BCSC 1510; 2002 BCSC 1334, 2002 BCCA 519, defended Credit Union in relation to allegations of failure to provide required life insurance on mortgage;
· National Holdings Ltd. v. Canadian Imperial Bank of Commerce, John Kerasiotis and 354401 B.C. Ltd., SCBC Vancouver Registry Action No. S034213, 2005 BCSC 1730; defended Bank on allegation of tortious conversion of counterfeit cheque via negotiation by innocent third party;
· Dempsey et al. v. Envision Credit Union et al., SCBC New Westminster Registry Action No. S91786, Darmantchev et al v. MBNA Canada Bank et al, SCBC Vancouver Registry Action No. L050637, Gravlin et al v. Canadian Imperial Bank of Commerce et al, SCBC Vancouver Registry Action No. L050149, Citi Cards Canada Inc. v. Pedro Liong et al, SCBC New Westminster Registry Action No. S89429, Bank of Montreal v. Liong et al, SCBC Vancouver Registru Action No. S044649, MBNA Canada Bank v. Luinenburg, SCBC Vancouver Registry Action No. S045442, Canadian Imperial Bank of Commerce v. Luinenburg v. Kronis et al, SCBC New Westminster Registry Action No. S87315, brought under the Class Proceedings Act, R.S.B.C. 1996, c. 50, 2007 BCSC 1276; defended a group of banks and credit unions from putative class claims attacking validity of fractional reserve banking.
· Giles v. Westminster Savings Credit Union et al, SCBC Vancouver Registry Action No. S004562, 2002 BCSC 1583; 2007 BCCA 411; 2007 BCSC 1438; 2007 BCCA 411; 2008 BCCA 62; 2008 BCSC 1312; 2009 BCSC 279 2009 BCSC 1357 2010 BCCA 282, defended account manager for Credit Union from mass tort claim involving approximately 500 investors in a failed investment program alleged to have been a Ponzi Scheme giving rise to a $36 million loss;
· Shiokawa v. Pacific Coast Savings Credit Union and Woods Adair, 2005 BCCA 95, pursued appeal on behalf of Credit Union for recovery of losses arising from mortgage fraud.
· FWC Holdings Ltd. and Interpac Log & Lumber Ltd. v. Virtue Films Inc., 2009 BCSC 1563; defended claims asserting existence of 'delayed demand' promissory notes outside of limitations period, and striking down notes as void for uncertainty;
· Royal Bank of Canada v. B.M.P. Global Distribution Inc., 2007 BCSC 1438; 2011 BCSC 458, advanced claims for restitution for bank based on negotiation of counterfeit cheque.
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