Fraud
What charge is laid in a Fraud
allegation depends on the dollar value attributed to the
offence. If the value exceeds $5,000.00 then the charge is Fraud
Over $5,000.00 otherwise the charge is Fraud Under $5,000.00. .
Fraud
allegations typically involve individuals being accused of using
instruments such as cheques or credit cards properly owned by
others as if they were in fact theirs. There are a number of
charges that fall under the category of Fraud, such as
fraudulent of a credit card, uttering forged documents, or
impersonation.
Fraud trials
are often very involved and complex resulting in multiple days
trails at times requiring expert witnesses.
Sentencing
The maximum
sentence for Fraud offences is 14 years in prison however there
is no minimum punishment. It is common for Frauds involving a
breach of trust to result in Jail sentences even for relatively
small values.
Examples from actual cases
R. v. K - Fraud Over $5,000, and Fraud Under $5,000
x 6
In this high profile matter the client was charged with
defrauding members of the public by soliciting donations while
claiming to have cancer. The case was broadcast worldwide as a
result of the nature of the fraud and the use of Facebook to
further the fraud. The initial public outcry in this matter was
extreme and widespread. At the bail hearing of the matter I was
able to convince the court that the client could be released on
her own recognizance without a surety but under the supervision
of the John Howard Society.
Following the client's release I has able to provide
additional details regarding the client to Crown in order to
negotiate an appropriate plea while substantially reducing the
number of charges.
CTV Coverage of Press Conference following Initial Guilty Plea
Hamilton Spectator report after plea entered
This matter took 8 months to resolve, however, in the end the
court and the Crown agreed that the appropriate sentence for the
client and society was one of a Conditional Sentence followed by
probation. This sentence was structured specifically to address
any underlying issues leading to the criminal behaviour while
allowing the client to serve the sentence in the community
rather than being incarcerated. During the length of this matter
I was able to gather substantial material supporting this type
of sentence through community and health care agencies.
CBC news report from sentencing
CP24 news report from sentencing
Toronto Star article on sentencing
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