R. v. B.D. [2011] – Client accused of presenting forged pay stubs, T4 slips, and income history to charter bank in an effort to obtain a mortgage on a property in excess of $250,000. Police charged Client with Fraud Over $5000 and several counts of Uttering Forged Documents. Upon arrest, Client made several statements and admissions to the police. Police investigation alleged that pay stubs from non-existent companies were created by my Client and submitted to the bank in order to facilitate the securing of financing. Crown proceeded by indictment and Client faced possibility of several years of prison time. Following extensive discussions with the prosecutor, all charges were withdrawn at the request of the Crown. CHARGES WITHDRAWN – NO CRIMINAL RECORD
Charges Defended > Fraud and Other White Collar Crime
Fraud charges, traditionally considered “white collar” crimes or “property offences”, are usually classified by the value of the alleged loss – either being Over $5000 or Under $5000 and are often laid side-by-side with other offences.Allegations of Fraud involving employers are considered “Breach of Trust” offences and the potential penalties sought by the Crown Attorney can often be quite significant, including the possibility of several years imprisonment.
Other non-violent crimes of deception that are sometimes laid alongside more common Fraud Over $5000 and Fraud Under $5000 charges include the Unlawful Use and Possession of Credit or Debit Cards, Uttering or presenting Forged Documents, Forgery, and Identity Theft.
Under the law, know that you may have several valid defenses to your charge, including the violation of your rights under the Charter of Rights and Freedoms. Entering a plea of guilty to any of the charges generally classified as “white collar crimes” can have profoundly serious consequences. The stigma of a criminal record, the hardship of being “processed” through our criminal justice system, the potential consequences for your work, your family, your reputation, and at worst, your freedom are significant. Know your rights. If you or a friend or family member have been charged, contact the firm at 416.877.LAW1 (5291). Your first consultation is always free.
Recent Fraud Cases:
Uttering Forged Documents Charges Withdrawn – R. v. J.G. [2011]
R. v. J.G. [2011] - University student Client accused of forging prescriptions at several pharmacies for the purpose of obtaining narcotics. Client was charged with several counts of Uttering Forged Documents. After meeting with the prosecutor and presenting a comprehensive summary of my Client’s medical history, arrangements were made to have the Client enter and complete an out-patient counseling and rehabilitation program. Upon showing proof of completion to the prosecutor, all charges were withdrawn at the request of the Crown. CHARGES WITHDRAWN – NO CRIMINAL RECORD
Fraud Under $5,000 Charges Withdrawn – R. v. T.P. [2011]
R. v. T.P. [2011] – While employed as a cashier at a major retailer, university student Client allegedly participated in scheme where co-accused would pretend to purchase items or gift cards that Client would not scan or cash in. Client was charged with Breach of Trust related Fraud Under $5000 and Theft Under $5000. Following discussions with the prosecutor, client completed extensive diversion program and all charges were eventually dropped. CHARGES WITHDRAWN – NO CRIMINAL RECORD
Identity Theft Charges Withdrawn – R. v. Y.A. [2011]
R. v. Y.A. [2011] – A joint bank and Toronto Police investigation regarding fraud credit card losses exceeding $50,000 resulted in charges being laid against my Client. Police alleged that over the course of several months, compromised bank account information resulted in the fraudulent internet based purchase and delivery of merchandise to my Client’s address. Over sixteen charges were laid including Identity Theft, Fraudulent Use of Credit Card Data, and Fraudulently Possessing Credit Card Data. Over the course of several discussions with the Crown, my argument that there was no reasonable prospect of conviction was eventually acknowledged, and all charges against my Client were dropped. CHARGES WITHDRAWN – NO CRIMINAL RECORD
Conditional Discharge, No Jail for Breach of Trust – R. v. M.K. [2011]
R. v. M.K. [2011] – While employed as an assistant manager at a major retail store, Client was accused of Breach of Trust Fraud following a police investigation into missing merchandise and the discounted sale of store gift cards on the internet. The joint police and store investigation resulted in charges of Fraud Under $5000 and Theft Under $5000 being laid against the Client, who upon being charged made several admissions to the police. Following discussions with the prosecutor, a joint submission for a conditional discharge was accepted by the court. CONDITIONAL DISCHARGE – NO JAIL – NO CRIMINAL RECORD
Credit Card Fraud Charges Withdrawn – R. v. C.R. [2011]
R. v. C.R. [2011] – While managing a restaurant, Client was accused of obtaining and using a customer’s credit card on various occasions to defraud several businesses including a bank. The police alleged that over a dozen different transactions took place over a several day period and proceeded to lay over a dozen fraud related charges including Unlawful Possession of a Credit Card, Unlawful Use of a Credit Card, and Fraud Under $5000. Following a review of the case and discussions with the prosecutor, all charges against the Client were eventually withdrawn. CHARGES WITHDRAWN – NO CRIMINAL RECORD
Charges Withdrawn for Casino Fraud Proceeds – R. v. S.L. [2010]
R. v. S.L. [2010] – Client charged with Receiving Stolen Proceeds of Crime following police surveillance and sting operation at an Ontario casino. Client is observed receiving large amounts of cash from co-accused, who was simultaneously being observed for Fraud and Theft related charges related to gaming activity. Following discussions with the Crown, all charges against my Client were dropped. CHARGES WITHDRAWN – NO CRIMINAL RECORD
No Jail or Criminal Record for Casino Fraud – R. v. S.S. [2010]
R. v. S.S. [2010] – Client charged with seven counts of Fraud Over $5000, Receiving Stolen Property, Theft and various other charges relating to activity in a casino over the course of several months – police disclosure included over a dozen eyewitness accounts and the production of several casino video surveillance DVD’s. Following several discussions with the Crown over a five month period, Client pleads to minor charges – significant mitigating factors brought to court’s attention at sentencing hearing – prosecutor seeking a criminal record, however judge agrees with defence submissions and imposes a conditional discharge. CONDITIONAL DISCHARGE – NO JAIL – NO CRIMINAL RECORD
Fine and No Jail for False Refugee Claim – R. v. S.P. [2010]
R. v. S.P. [2010] – Client charged with Uttering Forged Documents and Forgery following extensive several year police investigation. Police alleged that Client used a false identity and forged documents to file a false refugee claim. After the refugee claim was approved, Client alleged to have subsequently obtained benefits from the government. Following discussions with a senior prosecutor, Client agrees to pay a $500 fine. FINE and NO JAIL
Suspended Sentence for Manager’s Breach of Trust – R. v. M.D. [2010]
R. v. M.D. [2010] – Client charged with over a dozen counts of Breach of Trust related Fraud Under $5000 relating to his position as general manager of major retail store resulting in allegations of losses to the store totalling several thousands of dollars – Client admits responsibility to police – several personal mitigating factors contributing to Client’s behaviour – extensive sentencing hearing – Crown asking for jail and restitution - NO JAIL – SUSPENDED SENTENCE AND PROBATION – NO RESTITUTION ORDER
Contractor Fraud Gets Absolute Discharge – R. v. G.T. [2010]
R. v. G.T. [2010] – Client with own home renovation and contracting business charged with multiple counts of Breach of Trust related Fraud Under $5000. Police alleged that Client regularly and intentionally took large sum deposits and failed to show up for or complete the work. Multiple complainants contacted police, and prior incidents of complaints were on police file. Following discussion with the Crown, Client makes restitution payment and court accepts joint submission of absolute discharge. ABSOLUTE DISCHARGE – NO CRIMINAL RECORD
Tax Refund Fraud Charges Withdrawn – R. v. M.E. [2010]
R. v. M.E. [2010] – Client charged with several fraud related counts for allegedly presenting falsified documentation including forged pay stubs, letters of employment, and tax return filings in an attempt to secure a several thousand dollar tax refund. Client was arrested at the scene and charged with Attempted Fraud Over $5000, Uttering Forged Documents, and Forgery. In the disclosure video surveillance was provided. Crown proceeded by Indictment, and Client faced possibility of several years imprisonment – CHARGES WITHDRAWN – NO CRIMINAL RECORD
Charges Withdrawn and No Criminal Record for Credit Card Phishing – R. v. K.N. [2009]
R. v. K.N. [2009] – Client charged with multiple counts of Fraud Under $5000 relating to online credit card phishing scam – police alleged that Client had designed and put up a phony internet website to steal credit card information and subsequently purchase tickets to various events, which were sold to customers in person. Upon my Client’s detention, police alleged that they discovered a hard drive in Client’s possession with a significant amount of stolen credit card information. Following discussions with the Crown, all charges against my Client were eventually dropped. – CHARGES WITHDRAWN – NO CRIMINAL RECORD