The RCMP's GTA Financial Crime Unit in collaboration with the Ontario Region Special Investigation Unit of the Office of the Superintendent of Bankruptcy (OSB), have charged two Toronto area men with offences under the Bankruptcy and Insolvency Act (BIA) and the Criminal Code (CC). Omar Farooq KALAIR, age 38, of Toronto and Yusuf PANCHBHAYA, age 55, of Mississauga have been charged individually and jointly with several offences, like fraud and theft among others. The charges are in relation to events surrounding the November 2011 bankruptcies of UM CAPITAL INC. and UM FINANCIAL INC. of Toronto. The allegations relate to the misappropriation of approximately $ 4.3 million in mortgage payments, the purchase & disappearance of 32kgs of gold bars, and the abuse of the bankruptcy process.
Civil proceedings against former UM Financial CEO Omar Kalair and his associates have come to a close since prospects for recovery of expropriated money are limited even in case of a favorable judgment. However, the Royal Canadian Mounted Police and Office of the Superintendent of Bankruptcy are still investigating the events which may lead to criminal charges against Kalair and others.
UM Financial came up for Canada’s 1.3 million Muslims with mortgages that don’t charge interest. But its failure last year has started a dangerous debate about whether Islamic banking should be banned, or whether it’s still a potentially lucrative industry in need of better regulation.
Mortgages with UM Financial were set up so that lender and borrower byed the house together. The homebuyer pays rent to the mortgage issuer, while gradually buying off the outstanding share of the property. After it is fully paid, ownership is transferred to the borrower.
Although UM’s troubles were many, for Islamic finance they probably won’t be the last word on a system that will remain in demand with a growing part of the population.
Jovian Capital Corporation announced an agreement with UM Financial Inc. to explore the launch of a
co-branded, Shariah-compliant investment product. The product targets Canada's approximately 1 million strong Muslim population, as well as foreign investors looking for a uniquely Canadian, Shariah-compliant investment.