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Struggling cannabis companies turn to Canadian insolvency law

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An unusual number of cannabis companies have used a Canadian corporate insolvency law called the Companies’ Creditors Arrangement Act (CCAA) in 2022, a trend that demonstrates both the marijuana industry’s financial challenges and one possible solution to keep businesses from slipping completely underwater.

Fourteen of the 35 CCAA filings in Canada – or 40% – between Jan. 1 and Dec. 22 have involved companies operating in the cannabis space in one way or another:

  • Eve & Co. and related companies.
  • Choom Holdings and related companies.
  • MJardin Group, GrowForce Holdings and related companies.
  • Zenabis Global and related companies.
  • Sproutly and Toronto Herbal Remedies.
  • MPX International Corp. and related companies.
  • Speakeasy Cannabis Club.
  • Medipure Pharmaceuticals and Medipure Holdings.
  • Superette and related companies.
  • Flower One Holdings and related companies.
  • The Flowr Corp.
  • CannaPiece Group.
  • Trichome Financial Corp. and related companies.
  • Lightbox Enterprises (Dutch Love Cannabis).

“Going back a couple years ago, the markets were very frothy, and the ability to raise equity financing meant that there was a ready supply of cash in the industry,” said Ranjeev Dhillon, a partner with Canadian law firm McCarthy Tétrault and co-lead of the firm’s cannabis law group.

Many businesses proceeded with the expectation that capital would continue to flow, Dhillon added.

“That is no longer the case,” he said.

“And because they have no cash now and this is a relatively thin-margin business and (a) capital-heavy business at times, they have no more means of being able to raise cash anymore or pay back debts.

“And that’s why you’re seeing this increase in CCAA.”

Jane Dietrich, a partner in the restructuring and insolvency group at Canadian law firm Cassels Brock & Blackwell, said the cannabis sector CCAA trend started in 2020 and appears to be accelerating.

In part, she attributes the cannabis CCAA trend to the newness of the regulated industry.

“There’s a lot of rationalization happening as people figure out which of the companies are going to succeed and which are struggling,” Dietrich said.

Filing a CCAA can also be a useful option for certain U.S.-based cannabis companies that don’t have access to Chapter 11 bankruptcy protection in their home country because of the federal illegality of marijuana.

“To the extent they have a Canadian connection or Canadian link, they seek to file up here and then deal with their financial difficulties in a CCAA proceeding,” explained Jamey Gage, national chair of McCarthy Tétrault’s bankruptcy and restructuring group.

For example, Nevada cultivator Flower One Holdings filed for CCAA protection in October via its Canadian parent company.

Understanding the CCAA

The CCAA is one of two Canadian federal insolvency statutes, alongside the Bankruptcy and Insolvency Act.

Gage said the CCAA is generally used for larger companies with more complex restructurings and is common in the cannabis space.

The CCAA is available to companies that meet three criteria:

  • They are a Canadian entity – or they have Canadian assets or do business in Canada.
  • They have debts of at least 5 million Canadian dollars ($3.7 million).
  • They are insolvent.

Those companies may apply for an initial court order “that prevents creditors, contract counterparties and others from exercising their rights and remedies while providing the company with some breathing room to try to negotiate a restructuring of its debts with its creditors, or concurrently conduct a sale process seeking to find a going-concern buyer, or investment financing,” Gage said.

The initial creditor protection order is typically granted for 10 days, after which the company needs an extension.

The insolvent company’s creditors have an opportunity to object to the terms of the initial creditor protection order before it gets extended.

CCAA proceedings usually resolve in one of three ways, Gage explained:

  • A “plan of arrangement,” voted on by the creditors and subject to court approval to restructure and continue the business “with a deal worked out with the creditors to reduce the debts (and) maybe raise more capital.”
  • A court-approved sale and investment solicitation process (SISP) in which the insolvent company seeks offers to buy or invest in the business.
  • A liquidation.

Gage said a SISP generally resolves faster than a plan of arrangement.

Some recent cannabis industry CCAA proceedings have involved debtor-in-possession (DIP) loans and related stalking-horse bids during the sale and investment solicitation process.

DIP loans allow insolvent companies to borrow funding to keep operating during the CCAA process, while the DIP lender receives priority over the company’s other debts.

“That can be a key tool, sometimes, in what may drive companies to file for CCAA protection, when they can’t find any more financing outside of court protection,” Gage said.

That DIP loan may be related to a sales process: In some cases, the DIP lender seeks to acquire the insolvent company – or at least some of its assets.

By putting in a stalking-horse bid as part of the sales process, the DIP lender sets a starting price for all interested bidders.

“The benefit from the (insolvent) company’s perspective is that, by having a stalking-horse bid in place, it creates both a bidding floor and some kind of auction tension to try to drive prices higher,” Gage said.

“But it also creates stability in the meantime so that employees, customers (and) other stakeholders know that there’s going to be a going-concern solution.”

That stability means suppliers might be more comfortable doing business with the insolvent company and employees might be less likely to leave “because they know that there’s more prospect for a job at the end of it.”

The DIP lender doesn’t have to be the stalking-horse bidder, although Gage said that arrangement is common in the cannabis industry.

In one recent example, Toronto-based cultivator The Flowr Corp. sold its assets to its DIP lender after the lender made a stalking-horse bid.

“I think what you’re seeing is … a sales process in which the stalking-horse bidder inevitably ends up taking the assets because there’s not really a large pool of buyers out there for these assets,” Dhillon said.

“And if there are assets to be purchased, they’re being purchased at heavy discounts to the initial capital outlay.”

More cannabis CCAA action expected

Dhillon expects 2023 will be a busy year for cannabis insolvency filings in Canada.

With capital being difficult to raise and corporate debt coming due, he said, “CCAA is one of the only viable options here to see that through.”

For Canadian cannabis companies, Dhillon said deferred government excise tax debts could also lead to new CCAA filings next year.

“At some point, the government’s going to become more aggressive about collecting (those bills),” Dhillon said.

Cassels attorney Dietrich also expects the cannabis CCAA trend to continue into 2023.

“I think it was probably artificially low in 2020 and into the start of 2021,” she said, citing government support for businesses during the COVID-19 pandemic.

“I think that hid a lot of the troubled companies that were out there,” Dietrich added.

“And that’s one of the reasons I think that it will continue, because we’re starting to see more and more of that relief go away and it exposes companies who are having issues.”

Facing up to an insolvent business isn’t easy, but McCarthy lawyer Gage recommends business leaders don’t wait too long to address their financial challenges.

“If you leave it too late, your options are limited and you can get a pretty bad outcome,” he said.

Insolvent companies that have exhausted their cash reserves will have less time to find a way forward, even if they can secure DIP financing, Gage added.

“A short period of time means a shorter sale process, a shorter period of time to negotiate with people, it probably means more drastic cash conservation measures – cost-cutting, letting even more employees go …

“Once you’re cutting into the muscle and not just cutting the fat, you’re starting to hamper the attractiveness of your business as a going concern.”

Source: https://mjbizdaily.com/struggling-cannabis-companies-turn-to-canadian-insolvency-law-ccaa/

Business

Alleged Crores Pharma Scam Mastermind Arrested from Surat

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After evading law enforcement for nearly 13 years, an accused linked to a large-scale pharmaceutical fraud case has been arrested by Delhi Police from Surat, Gujarat. The suspect is alleged to have orchestrated a series of financial scams involving fake identities, forged documents, and dishonoured cheques used to procure high-value pharmaceutical raw materials.

Authorities say the accused, identified as Himmat Singh Lodha, is believed to have defrauded multiple pharmaceutical companies in Delhi of goods worth approximately ₹98 lakh before disappearing and remaining underground for years.

Fake Business Deals and Dishonoured Cheques Used in Fraud

Investigators claim the accused posed as a legitimate pharmaceutical trader and placed bulk orders for expensive drug ingredients, offering post-dated cheques as payment security.

In one documented case from 2013, he allegedly obtained around 550 kilograms of Gliclazide, a diabetes-related pharmaceutical ingredient, valued at over ₹26 lakh. When suppliers attempted to encash the cheques, they were reportedly returned with the remark “account closed.”

Following the transaction, the accused allegedly vacated his office and rented residence and disappeared without settling payments. He was later declared a proclaimed offender in 2016 after repeatedly failing to appear before court proceedings. Authorities had also issued a reward for information leading to his arrest.

Multiple Identities and Repeated Fraud Pattern

Police investigations further link the accused to another cheating case dating back to 2012, where he allegedly used a fake identity, “Kailash Jain,” to obtain a large consignment of Ambroxol HCL, a pharmaceutical compound used in cough medications. The value of that consignment was estimated at around ₹72 lakh.

Officials believe the accused followed a consistent modus operandi—posing as a credible businessman, securing high-value goods on deferred payment terms, and then disappearing after delivery while shutting down business operations.

Investigators suspect that forged business records, fake company credentials, and fabricated financial histories were used to build trust with suppliers and gain access to expensive raw materials.

Multi-State Surveillance Leads to Arrest in Surat

A special Crime Branch team tracked the accused through coordinated surveillance efforts across multiple cities, including Mumbai, Ahmedabad, and Surat. After nearly a month of technical monitoring and intelligence gathering, officials located and arrested him from a residential area in Surat.

Authorities also revealed that the accused had been involved in property-related activities while staying under the radar to avoid detection.

Growing Threat of Corporate Identity Fraud

The case highlights a rising trend of organised financial fraud targeting industries that rely heavily on trust-based transactions and deferred payments. Experts note that criminals increasingly exploit gaps in corporate verification systems by using fake GST registrations, temporary offices, and forged documentation to appear legitimate.

Cybercrime and financial fraud specialists warn that such schemes are becoming more complex with the widespread availability of digital business tools, making it easier to create convincing but fraudulent corporate identities.

Experts Urge Stronger Due Diligence in High-Value Transactions

Experts, including former IPS officer and cybercrime specialist Prof. Triveni Singh, emphasize the need for stricter verification procedures in commercial dealings. He noted that relying solely on paperwork or digital business profiles can expose companies to significant financial risk.

Authorities and industry experts recommend physical verification of business operations, bank account validation, and detailed background checks before engaging in high-value or deferred-payment transactions—particularly in sectors like pharmaceuticals, where single consignments can involve transactions worth crores.

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EU Pressure Builds on Google as Regulators Face Calls for Massive Fine Over Search Practices

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A growing coalition of European industry groups is intensifying pressure on regulators to take decisive action against Google over allegations of unfair search practices that could reshape competition rules across the region’s digital economy.

Investigation Under Digital Markets Act Gains Momentum

The case is being examined by the European Commission under the European Union’s landmark Digital Markets Act (DMA), introduced to curb the dominance of major technology platforms and ensure fair competition.

Launched in March 2024, the investigation focuses on whether Google has been prioritising its own services in search results, potentially disadvantaging rival businesses that rely on online visibility to reach customers.

Industry Groups Demand Swift Action

Several prominent European organizations have jointly urged regulators to conclude the probe without further delay. They argue that prolonged investigations allow alleged anti-competitive practices to continue, putting European companies—especially startups—at a disadvantage.

Signatories include the European Publishers Council, the European Magazine Media Association, the European Tech Alliance, and EU Travel Tech.

In a joint statement, these groups warned that delays in enforcement are affecting innovation, profitability, and growth prospects for regional businesses competing in digital markets.

Google Denies Allegations

Google has rejected claims of bias, stating that its search algorithms are designed to deliver the most relevant and useful results to users. The company has also proposed adjustments to address regulatory concerns.

However, critics argue that these changes are insufficient and fail to address the core issue of market dominance.

Potential Billion-Euro Penalties

If found in violation of the DMA, Google could face significant financial penalties. Under EU rules, fines can reach a substantial percentage of a company’s global turnover, potentially amounting to billions of euros.

Regulators may also impose corrective measures requiring changes to business practices, which could have long-term implications for how digital platforms operate in Europe.

Wider Implications for Big Tech

The case highlights ongoing tensions between European regulators and major U.S. technology firms. In recent years, the EU has taken a more aggressive stance in enforcing competition laws, aiming to create a level playing field for local businesses.

A final ruling against Google could set a major precedent, influencing future enforcement actions and shaping the regulatory landscape for global tech companies operating within Europe.

As scrutiny intensifies, the outcome of the investigation is expected to play a critical role in defining the future of digital competition across the European Union.

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Amazon Faces Potential Criminal Trial in Italy Over €1.2 Billion Tax Evasion Allegations

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Milan: U.S. tech giant Amazon is facing the prospect of a major legal showdown in Italy, after prosecutors in Milan formally requested a court to move forward with criminal proceedings over alleged tax evasion totaling approximately ₹12,500 crore (€1.2 billion).

The case targets Amazon’s European division along with four senior executives, marking one of the most significant tax-related investigations involving a global e-commerce platform in Europe.

Trial Push Despite Multi-Million Euro Settlement

The move comes even after Amazon reached a financial settlement with Italian tax authorities in December, agreeing to pay around ₹5,500 crore (€527 million), including interest, to resolve part of the dispute.

Typically, such settlements lead to the closure of criminal investigations. However, Milan prosecutors have opted to proceed, signaling a tougher stance on alleged corporate tax violations.

A preliminary hearing is expected in the coming months, where a judge will decide whether to formally indict the company and its executives or dismiss the case.

Allegations of VAT Evasion Through Marketplace Sellers

At the center of the investigation are claims that Amazon’s platform enabled non-European Union sellers to avoid paying value-added tax (VAT) on goods sold to Italian consumers between 2019 and 2021.

Prosecutors allege that the company’s marketplace structure allowed thousands of foreign vendors—many reportedly based in China—to operate without fully disclosing their identities or tax obligations. This, authorities argue, led to substantial VAT losses for the Italian government.

Under Italian law, online platforms facilitating sales can be held partially liable if third-party sellers fail to comply with tax requirements, a key point in the prosecution’s case.

Italian Government Named as Affected Party

In their filing, prosecutors identified Italy’s Economy Ministry as the injured party, citing significant financial damage resulting from the alleged tax evasion.

Legal experts say the outcome of the case could have wide-ranging implications across the European Union, where VAT systems are harmonized and similar compliance rules apply to digital marketplaces.

Multiple Investigations Add to Pressure

The VAT probe is just one of several legal challenges facing Amazon in Italy. The European Public Prosecutor’s Office is reportedly examining additional tax-related issues covering more recent years.

Meanwhile, Milan authorities are pursuing separate investigations into alleged customs fraud linked to imports from China and whether Amazon maintained an undeclared “permanent establishment” in Italy—potentially exposing it to higher tax liabilities.

In a separate regulatory action, Italy’s data protection authority recently ordered an Amazon unit to stop using personal data from over 1,800 employees at a warehouse near Rome.

Amazon Denies Allegations

Amazon has consistently denied wrongdoing and indicated it will strongly contest the allegations in court if the case proceeds. The company has also warned that prolonged legal uncertainty could impact investor confidence and Italy’s appeal as a destination for international business.

Broader Impact on Europe’s Digital Economy

If the case moves to trial, it could become a landmark moment for the regulation of global e-commerce platforms in Europe. Governments across the region are increasingly scrutinizing how digital marketplaces handle tax compliance, especially in cross-border transactions.

With online retail continuing to expand, regulators are under mounting pressure to ensure that multinational platforms and third-party sellers adhere to the same tax rules as traditional businesses.

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