VANCOUVER — Meng Wanzhou's legal team is attempting to hammer home its argument in B.C. Supreme Court that the U.S. case against the Huawei executive is missing crucial evidence of deprivation, a fundamental element of fraud.
Scott Fenton says there is an "evidentiary vacuum" in the United States' case against Meng linking her actions with any actual loss or risk of loss suffered by international bank HSBC.
Meng is accused of lying to the bank in a 2013 PowerPoint about Huawei's control over another company, putting the bank at risk of violating U.S. sanctions against Iran.
Both she and Huawei deny the charges and her legal team in Canada is arguing for her release nearly three years after her arrest at Vancouver's airport soured Canada's relationship with China.
A lawyer for Canada's attorney general, who represents the United States in the hearings, has accused Meng of making an artful presentation designed to mislead HSBC that prevented the bank from making financial decisions based on honest information about its clients.
Fenton says that beyond a lack of evidence showing Meng caused any sanctions violations, the case also lacks any concrete proof of actual financial loss or risk of loss on the part of the bank.
"We are in a zero-loss situation. We are into a theoretical risk of deprivation, lacking an evidentiary basis, failing to meet the most essential evidentiary requirements to establish proof in evidence of a risk of economic loss," Fenton says.
This report by The Canadian Press was first published Aug. 17, 2021.
The Canadian Press