Wednesday, October 11, 2023

BRINKS SUES AIR CANADA FOR GOLD HEIST
'CRIME OF THE CENTURY'

This file picture taken on April 6, 2009 shows gold bars stacked at the plant of gold refiner and producer Argor-Heraeus in Mendrisio, in the southern Swiss canton of Ticino.
© Provided by Toronto Sun

Brink’s Inc. has accused Air Canada of negligently turning over a $20-million shipment of gold bars to an “unidentified individual” after accepting a fake waybill from the thief at Pearson International Airport, according to a lawsuit.

Brink’s said it was hired by a bank and precious metal company to coordinate the shipment using Air Canada’s “AC Secure” service for high-value cargo, according to court documents obtained by Glen McGregor on Substack .

The shipment included 400 kilograms of gold from precious metal refiner Valcambia SA, and 53 kilograms of banknotes worth about $2.6 million from Swiss bank Raiffeisen Schweiz, said the lawsuit. The consignee of the shipment was listed as Toronto Dominion bank.

The theft, one of the largest in Canadian history, remains unsolved, and no arrests have been made.


In a statement of claim filed in federal court, Brink’s said the high-value shipment was delivered to Air Canada in Zurich, then loaded onto Flight AC881, a daily passenger and cargo flight to Toronto, on April 17.

It arrived in Toronto at 3:56 pm that same day and was transferred to the airline’s bonded warehouse.

At around 6:30 p.m., an unidentified individual gained access to the warehouse, the lawsuit claims.

“No security protocols or features were in place to monitor, restrict or otherwise regulate the unidentified individual’s access to the facilities,” Brink’s alleges in the suit.

“Once inside, the unidentified individual presented to AC personnel the copy of an airway bill respecting an unrelated shipment (the ‘Fraudulent Waybill’),” and Air Canada released the shipment to the individual, who “absconded with the cargo,” according to the allegations.

None of the allegations have been tested in court. An Air Canada spokesperson said that since the “matter is now before the courts,” the airline would not comment on the lawsuit.

Brink’s is accusing Air Canada of breaching their contract to transport the shipment and claims the airline is liable for the full value of the gold and cash under the Montreal Convention, an international treaty on air transport.

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“Brink’s demanded full reimbursement for all losses and damages sustained by it as a result of the theft,” the lawsuit says, but, “there has no (sic) response from AC.”

The security company also seeks special damages of an unspecified amount and reimbursement of its legal costs.

Brink’s claimed that the crime could have been prevented if the airline properly followed the protocols of the AC Secure service.
 

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