Canadian Criminal Sentencing/Cases/Fraud

From Wikibooks, open books for an open world
Jump to: navigation, search

Fraud under $5,000[edit]

Case Citation Prv Crt Sentence Amount Summary
R v Zentner 2012 ABPC 94 AB PC discharge $4,999 offender was a funeral director who was selling cremation containers and caskets but cut corners by using a different product from what was sold
R v Hynes [2012] NJ 422 (NLPC) NL PC discharge fraud x 2, cashed cheques stolen by boyfriend,
R v Gordon 2004 BCCA 294 BC CA 20 mo
R v McSween (2002), 208 N.S.R.(2d) 377 NS SC discharge fraud under $5,000--appealed S/S--Offender pretended to be pharmacist to get drugs--history of drug use-- no record-- JR rejected by judge
Johnson (1996), 147 N.S.R.(2d) 105 (S.C.) NS SC 1 month $4000 offender was admissions officer at correctional facility; handled payment of fines; on 9 occasions over 6 years stole $4000; offender age 45, no record, breach of public trust
R v Munroe (1991), 101 N.S.R.(2d) 360 (C.A.) NS CA 14 days $3998 age 18, over several months defrauded employer of $3998

Fraud over $5,000[edit]

1 million or more[edit]

Case Citation Prv Crt Sentence Amount Summary
R. v. Kilba 2012 ABPC 302 (CanLII) AB PC 30 months $1.47 million fraudulent mortgages
R. v. Khatchatourou and Rezik 2012 ONSC 3511 ON SC 4 years $1.1 million two co-accused defrauded CHMC
R. v. Cunsolo 2012 ONSC 114 ON SC 18 months $3.8 million+ mortgage fraud; restitution of 250k ordered
R. v. Johnson 2010 ABQB 546 AB SC 13 years $2.4 million ponzi scheme involved 50 investors
R. v. Drabinsky 2009 CanLII 41220 (ON SC) ON SC 4 and 7 years $100 million+ (est)
R. v. DiGiuseppe 2008 ONCJ 127 ON PC 6 years $3.8 million
R. v. Ellis 2008 ABQB 40 AB SC 5 years $2 million (approx)
R. v. Taylor 2008 BCPC 120 BC PC 42 months (JR) 3.2 million (approx)
R v Penney 2008 ABPC 339 AB PC 1.1 million had 20 people invest in him, position of trust
R. v. Allan 2008 CanLII 35699 (ON SC) ON SC 3 years $1.2 million
R. v. Wilson 2008 NSPC 68 NS PC 26 months 1.8 million
R v Minnie and Shaw 2007 BCSC 433 BC SC 5 years and 2 years less a day CSO $1.8 million several victims
R. v. Ablacksingh 2007 CanLII 688 ON SC 4 years $8 million
R. v. Leefe [2007] O.J. No. 3461 ON SC 18 months CSO + fine (JR) $7 million

Offender was operator of telemarketing company, had sophisticated operation over 7 years with profits of approx $7 million. Guilty of fraud over, possession of proceeds of crime. Fine for $1.5 million.

R. v. Campbell [2005] O.J. No. 4696 (OCJ) ON PC CSO $1 million defrauded his elderly clients; special circumstances; accused was 65 years old; no criminal record; was in a hypomanic state at time of the offence.
R. v. P.T. 2005 BCPC 55 BC PC 3 years $3 million 60-year-old bank manager stole
R v. Slobogian 2005 BCSC 434 BC SC 6 years one of biggest frauds in history of BC
R. v. Fortier 2004 BCPC 189 BC PC 2.5 years $1 million (approx) defraud investors -- offender was under direction of manager to defraud
R. v. D'Andrea 2004 CanLII 13522 (ON CA) ON CA 2 years less $2 million
R v Black 2003 NSSC 99 NS SC 2 years $1 million offender diverted money from bank and provincial agency ACOA and ABN to company--no evidence of personal gain--offender was 61 years old with no record and good background--CSO not meet objectives of sentencing
R. v. Khan 2002 BCCA 703 BC CA 2 years less a day to 3 years $2.2 million two co-accusd convicted of fraud
R. v. Dobis 2002 CanLII 32815 (ON CA) ON CA 3 years $2.2 million
R. v. Massoudinia [2002] O.J. No. 5504 (S.C.J.) ON $2 million offender defrauded approximately 1400 people by seeking fees for a fake modeling agency. Guilty plea, remorseful, attempted restitution
R. v. Wheeler [2001] N.J. No. 240 (S.C.–T.D.) NL SC 4.5 years $3 million offender ran investment scheme promising huge returns--100s of victims--offender had three children, no record--lost business as a result
R. v. Nichols 2001 CanLII 5680, 46 C.R. (5th) 294 (Ont. C.A.) ON CA 5 years $1 million + offender was a telemarketer who convinced a 82 year old to send him over 1 million dollars as the tax on a $13 million lottery winning--$800k was recovered--offender was 29 with no record
R v. Bjellebo [2000] O.J. No. 478 (Gen. Div.); [2003] O.J. No. 3946 (C.A.) ON CA 10 years $118 million + Offender set up a yacht chartering company making many misrepresentations
R. v. Gaudet 1998 5 to 8 years $50 million looted major brokerage firm
R. v. Berenbaum [1997] O.J. No. 5468 ON $1.8 million 3 accountants defrauded firm. Plead guilty and were fully cooperative with forensic audit. Made virtually full restitution.
R. v. Savard 1996 QueCA QC CA 18 mo & $200,000 fine $1,435,000 defraud creditors
R. v. Gray 1995 Ont.CA. ON CA 2.5 years and 2 years less a day $5.8 million government loan to perform research
R. v. Bertram 1990 O.J. No. 2013 (Ont. C.A.) ON CA $4.5 million mostly recovered

Between 500k and 1 million[edit]

Case Citation Prv Crt Sentence Amount Summary
R. v. McConnell 2011 ONCJ 476 ON PC 3 years $836,739.56 offender defrauded school board while employed there over 10 years--breach of trust--there was some sign of a gambling addiction but nothing significantly mitigating
R v Dube 2011 ABQB 410 AB SC 6 years $500k offender and accomplices convinced several people to invest money in several clinics that he claimed to own--prior record for related offences
R. v. Lamoureux 2011 ONSC 5497 [1] ON SC 18 mo CSO $700k
R. v. Tickell 2010 BCCA 303 BC CA 6 years $900K+ position of trust
R. v. Kabiawu 2009 CanLII 18289 (ON SC)[2] ON SC 9 months CSO $500,000 public fraud; pharmacy
R. v. Bassett 2009 BCPC 111 BC PC 2 years $670k broker defrauded
R. v. Datsko 2009 BCPC 106 BC PC 3 years $720k yacht club controller
R v Coulson 2008 ABPC 144 AB PC 2 years less a day CSO $600k fraud over x10, offender ran an auto shop, sold customers vehicles, position of trust
R v Leis 2004 SKQB 463 SK SC 8 month CSO $592,000
R. v. Blackler 2004 CarswellNfld 439 (Prov.Ct.), aff’d 2006 NLCA 48 NL CA 2 years less a day CSO $850k
R. v. Bogart 2002 CanLII 41073 (ON C.A.) ON CA 18 months $900k doctor files fraudulent OHIP charges over 7 years
R. v. Howe 2002 ABCA 277 AB CA 2 years less a day CSO $760k offender and partner defrauded government by getting tax credits they were not entitled to.
R. v. Sharma 1997 CanLII 473 (BC SC) BC SC 18 months $720k convicted of fraud and uttering forged docuements -- loss arising from the commission amount involving the installation of nuclear power system into a submarine--fraud occurred over 12 years prior to sentencing--no prior record

Between 100k and 500k[edit]

Case Citation Prv Crt Sentence Amount Summary
R v Ford 2012 NSSC 340 (CanLII) NS SC 12 months $322,634 ran a pharmacy on a reserve, made false prescription claims to government--occurred over 18 months--remorseful, was using drugs at time--CSO rejected
R v Parkes 2012 SKQB 257 SK SC 36 months $179k offender convicted of defrauding vulnerable senior citizen
R v Garrick 2012 ONSC 2528 ON SC 23 months CSO $139k offender convinced three victims to invest money in an IPO
R. v. Hatche 2012 SKPC 38 SK PC 2 years less a day CSO $143,452.30
R. v. Judd 2012 BCPC 7 BC PC 2 years $204,070
R. v. Slattery 2012 ONSC 792 ON SC $77k found guilty
R. v. Zenari 2012 ABPC 7 AB PC CSO 225k+ police officer submitting false overtime claims
R. v. Kaziuk 2012 ONCJ 34 ON PC 10 years breach of trust, used power of attorney to defraud mother of $20,000, guilty of 334(a) and 380(1)(a) after trial, 69 prior related convictions
R. v. Dhaliwahl 2011 ONCJ 560 ON PC 9 months $430k+ offender worked for accounting in hospital--wrote cheques to self
R. v. Naugler 2011 NSPC 68 NS PC 8 months + probation $136,456 offender defrauded employer over 3 years
R. v. Purves 2011 SKQB 162 SK SC 2 years less CSO $150k fraud by municipal govt employer; offender suffered from depression, anxiety, financial problems and gambling problems.
R. v. Allen 2011 ABPC 318 AB PC 2 years $275k
R. v. Stirling 2010 ABCA 338 AB CA 1 year $255k+ offender was a bookkeeper for a community association. Over three years she completed 254 illegal transactions.
R v MacDonald 2010 NSPC 33 NS PC 30 months $200k+ investment advisor defrauded 30 clients
R. v. Oates 2008 SKQB 274 SK SC 15 months $400k+ offender was employed by a government agency. Over several years stole from employer in an "elaborate" scheme--offender had a prior related record, diagnosed with a gambling addiction, expressed remorse, was able to pay back half at the time of sentencing.
R. v. Gasparetto [2008] OJ No 3840 (SC) ON SC 18 months CSO $190k offender was 47 years old, no record, had mental health issues and was getting counselling
R. v. deKock 2008 ABPC 279 AB PC 2 years less a day $175k fraud x 21, over a period several months, position of trust
R. v. M.K.M. 2007 BCPC 58 BC PC 2 years less a day CSO $262,912 accounts receivable clerk over a long period of time
R. v. Fulcher 2007 ABCA 381 AB CA 2 years $268k
R. v. Harding 2006 SKCA 118 SK CA 18 months $300k offender was employed by a union, over 6 years defrauded employer through 900 transactions--offender had no record, was diagnosed with a gambling problem, medium risk to reoffend--Court overturned 2 year CSO
R v Bracegirdle 2004 ABCA 252 AB CA 2 years less a day $175,462.96 offender was financial manager for Cystic Fibrosis Society for 15 years--over 5 years she took money
R v Trask [2005] N.S.J. No. 561 NS PC 2 years less a day CSO (JR) $340,731.70 offender was chief accounting officer for municipality of Victoria, defrauded over many years--motivated by greed
R v Corner 2005 OJ No 3590 (SC) ON SC 18 month CSO $150k offender came forward and told employer he defrauded them--offender had abusive and dysfunctional family
R v Reid 2004 YKCA 4 YK CA 14 months $170k (approx) 6 months credit for remand, and served some sentence on CSO--court overturned 18 month CSO--breach of trust
R. v. Altenhofen [2003] A.J. No. 797, 2003 ABQB 485 AB SC 2 years $250k 13 counts of fraud and possession of stolen property ($400k)--offender committed offence against own company--theft involved heavy equipment--offender was 49 years old, minor dated record, married, experience as businessman--rejected CSO (para 19)
R. v. Robinson [2003] O.J. No. 4722 (SCJ) ON PC 22 month CSO over $200k employee fraud; over several months; involved deliberate, planned and covert behaviour. accused suffering from depression, an auto-immune deficiency and asthma.
R. v. Beggs 2003 BCCA 101 BC CA 4 years $223k+ offender was high level employee with CRA, used her position to give tax breaks to friends over 4 years
R. v. Evans 2003 NBQB 54 NB SC 1 year $126k offender was caregiver for elderly man with dementia, took money from elder's bank account
R. v. J.A. [2003] O.J. No. 2167 (OCJ) ON PC 12 mo CSO $248,000 employee was a book keeper; stole over two and a half years period; depression and difficult childhood
R. v. Hartz 2002 ABCA 108 AB CA 18 months $123,860 offender forged 25 company cheques--offender was age 42, no record, with adult children
R. v. Fehr [2001] S.J. No. 147, 2001 SKCA 37 SK CA 11 months $220k offender defrauded employer over 10 years as a bookkeeper for small company--major impact on company and 35-40 employees--offender was 56 years old, no record, married with one daughter living with family--offender made public confession and agreed to repay $80k--overturned 2 years less a day CSO
R. v. Matheson 2001 NSSC 78 NS SC 2 years less a day CSO $117,000 lawyer for a firm improperly took money that was given in trust as execution of a will giving assets to a child--also charged with theft, breach of trust, and forged documents
R. v. Moulton (2001), 160 C.C.C. (3d) 407, 2001 SKCA 121 SK CA 12 month CSO $270k offender sold his cattle in unauthorized transactions making large profits, defrauding beef producers coop--offender was 44 years old, married, two adult children, in cattle industry for 20 years--motivated to safe herd not greed--made restitution--no breach of trust
R. v. DeBay 2001 NSCA 48 NS CA 2 years (JR) $226,234.99
R. v. Anderson-Davis 2000 BCSC 42 BC SC 18 month CSO $136,700
R v Saunders (2000), 189 N.S.R.(2d) 126 (S.C.) 2000 CanLII 4612 NS SC 1 year CSO $115k 82 year old lawyer was executor of a will, money taken from estate, money used to stop forclosure of house, physical health issues, no pre-conviction repayment
R. v. Gross [2000], O.J. No. 3479 ON SC 8 months CSO $297k offender was a lawyer who pled guilty to fraud x 5--over 5 months, offender defrauded 6 financial institutions--offender had 148 days remand credit
R. v. Millward [2000], A.J. No. 1371, 2000 ABCA 308 AB CA 20 months $350k offender was insurance agent committed fraud over 18 months
R v Ferguson [1999] N.S.J. No. 481 NS 18 months CSO $390k account and office manager issues pay cheques to non-existent employees over 3 years
R. v. Ruhland [1998] O.J. No. 781 ON 2 years less a day accused was chairman and CEO; used firm as private bank
R. v. Hoy 1998 3 years $370k mutual fund salesman defrauded 6 clients over 18 mo; no prior record;
R. v. Dickhoff (1998), 130 C.C.C. (3d) 494 (Sask. C.A.) SK CA 2 years less a day  ? offender was president of a trust company, over 4 years misled board of directors and made false notes on mortgages to get money for himself or companies he owned--position of trust--contributed to collapse of company--offender had no record, no remorse--appealed sentence of 5 years
R. v. Pierce 1997 CanLII 3020 (ON CA), [1997] 32 O.R. (3d) 321 ON CA 12 months $270,000 offender was employee
R. v. Horvath (1997), 117 C.C.C. (3d) 110 (Sask. C.A.), 1997 CanLII 9759 SK CA 2 years less a day CSO $200k bank branch manager defrauded bank to support gambling addiction--offender was 25 years old with two children in her care, no record, was remorseful and sought treatment--
R. v. Hill [1997] N.S.J. No. 97 aff'd at 1997 CanLII 1647 (NSCA) NS CA 12 mo $144k tax clerk working for university defrauded employer with fake invoices; only $16,000 recovered.
R v Kratky [1997] 1997 CanLII 936 (BC SC) BC SC 18 month CSO $436,535 the offender was the bookkeeper for a dental clinic and over three and a half years defrauded the clinic--offender was 52 at the time of sentencing
R v Gaetz 1992 CanLII 2509 (NS CA) NS CA 1 day and $6,000 fine $246,251.00 fraud by operator of vehicle dealership--had financing with bank for leased vehicles--did not pay it back--offender was age 45, no personal gain from offence
R v Flynn (1991), 109 N.S.R.(2d) 354 (T.D.), [1991] N.S.J. No. 536 NS SC 28 months $300,000 defrauded employer, no record, family support, potential for rehabilitation
R v Tucker [1988] N.S.J. No. 33 NS CA

100k and less[edit]

Case Citation Pr Ct Sentence Amount Summary
R. v. McGrath 2012 CanLII 67732 (NL SCTD) NL SC 7 months $38,356.60 offender defrauded the Brain injury Association over 51 transactions over a year.
R. v. Lavigne 2011 ONSC 2938 ON SC 6 months $23,000 Offender was a canadian senator who filed false expenses--judge said media exposure was a neutral factor--also convicted of breach of trust (6 month CSO)
R. v. Gonzalez-Urena 2011 BCSC 406 BC SC $71.5k offender stole a credit card from post office and used it to get money for gambling
R. v. Wentzell 2011 NSSC 200 NS SC 6 months $69,245.51 over two years the offender created 2 false travel claims--offender was 46 years old, prior record for arson
R. v. Satkunarajah 2011 ABPC 385 AB PC 9 months 93.5k defraud bank; guilty plea; no record; low loss
R v Salikin 2011 SKPC 179 SK PC 18 months CSO 65k fraud of employer
R. v. Kohuch 2011 ONCJ 620 ON PC 18 months CSO $62,765.00 accused was treasurer of sports league. No restitution has been made.
R. v. Skorobohach 2011 BCPC 303 BC PC 3 years 96k mail confidence scheme targetting senior citizens, defraud over several years
R. v. Lee 2011 NSPC 81 NS PC 10 months $67k over 1 year stole 23 deposits, conviction at trial,
R. v. Cassettari 2010 BCPC 139 BC PC 2 years less a day CSO $60,000
R. v. Keller 2009 ABCA 418 AB CA 90 days $6k CSO overturned
R. v. South 2009 MBPC 12 MB PC 15 months $64k
R. v. Fayemi 2009 BCPC 123 BC PC Suspended Sentence $15,000
R. v. Bodnarchuk 2008 BCCA 39 BC CA 12 to 18 months $64k company owner defrauded investors for start-up project--breach of trust
R. v. Bavarsad 2008 BCCA 137 BC CA 12 months CSO $87,445
R. v. Upton 2008 NSSC 360 NS SC 3 years $45,353.20 42 victims
R. v. Alakija 2007 ABPC 234 [3] AB PC 18 months CSO $58,829.93 stole 49 deposits from employer over < 3 months, confessed, gambling addiction
R. v. Pechterski 2007 ONCJ 533 ON PC 2 months CSO $53,300 guilty of two counts fraud, five counts possession of credit card forgery machines. Offender participated in relatively sophisticated ATM skimming fraud of over 150 accounts. Offender was 41 years old with no record. 5 days pre-trial custody.
R v Deutsch [2005] O.J. No. 5542, 2005 CanLII 47598 (ONCA) ON CA 4 years $54k
R. v. Fitzpatrick 2005 BCCA 314 BC CA 6 mo $30,000 false debit purchases
R v Hewitt 2004 NLSCTD 65 NL SC 9 month CSO $30,132.09
R. v. Pottie 2003 NSSC 263 NS SC 18 months CSO $46,475 secretary of hockey council, defrauded over several years, offender was 58 years old with heart problems--full restitution ordered
R. v. Williams [2003] O.J. NO. 2202, 2003 CanLII 9650 (C.A.) ON CA 90 days + fine  ? offender was senior manager in a position of trust, hired girlfriend without any authority to do so
R. v. Inglis 2002 BCPC 242 BC PC 18 months CSO $78,738.92 employee defrauded bank employer over 2 years
R v Mastromonaco [2002] O.J. No. 4612 ON SC 21 months $70k offender convinced an elderly couple to invest money in financing scheme--position of trust--offender was 51 years old with dated unrelated record, denied responsibility
R. v. Macdonald [2001] N.S.J. No. 51 (C.A.), 2001 NSCA 26 NS CA probation (JR) $32k falsified 3 years of overtime--restitution--victim was agreeable with resolution
R. v. Desormeau [2001] N.J. No. 341 (S.C.–T.D.) NL SC 8 months $70k captain in armed forced directed soldiers to submit blank travel claims, some money given to soldiers--offender was in forces 20 years, no record--breach of trust, public monies--
R v Zenovitch [2001] YJ No 105 (SC) YC SC 20 months CSO $37k offender was a bookkeeper who defrauded her employer, a small business--offender was 42 years old, single mother and primary caregiver of an 11 year old boy--breach of trust
R. v. Decoff 2000 N.S.J. No. 224 (S.C.) NS SC 18 month CSO $44,000 over 8 months, deposit manager took money, disbled spouse and young child
R. v. Berntson 2000 SK 1 year $40k Saskatchewan MLA; false expense accounts
R. v. MacEachern [1999] P.E.I.J. No. 85 (C.A.) PEI CA 15 months CSO $25k offender was deputy minister of agriculture, over 3.5 year period stole from government--offender was 65 years old, with prior related record from 1989

15 months conditional – Deputy Minister defrauded government of $25,000-- in a position of trust

R. v . Quinlan (1999), 133 C.C.C. (3d) 501 (Nfld. C.A.), 1999 CanLII 18952 (NL CA) NL CA 6 month CSO (JR) $12k offender defrauded two employers to support cocaine addiction--offender was 29 years old, married, with a child, with a previous conviction for theft--able to make gradual restitution payments--
R. v . Oliver [1997] N.J. No. 248 (C.A.) NL CA 7 months CSO $27,614 bank clerk defrauded employer over 2 years--lost job as a result--
R v Hiltz 1989 CanLII 165 NS CA 3 months $5,784.70 time served
R v Murdock [1980] N.S.J. No. 510, (1980), 42 N.S.R.(2d) 90 (CA) NS CA 2 years ”substantial” amount offender ran company selling commodity options that were misleading--appeal from $5,000 + probation

Social Services Fraud[edit]

Case Citation Pr Ct Sentence Amount Summary
R. v. Isaac 2009 SKPC 111 SK PC 16 months CSO $5,720 welfare fraud
R. v. Collins 2011 O.J. No. 978, 2011 ONCA 182 ON CA 10 months $96,298.51 social assistance fraud, where offender was party--67 cheques were obtained--2 years probation ; very large welfare fraud ;sophisticated ; aboriginal offender; on bail for a long time prior to sentencing; was separated from her disabled daughter--one co-accused received 26 months
R. v. Keuris 2008 BCSC 480 BC SC 6 months CSO $25k welfare fraud
R. v . Rizzetto (2002), 210 N.S.R. (2d) 67 (C.A.), 2002 NSCA 142 NS CA 2 years less a day CSO $137k social service fraud over 20 years, did not declare correct income--convicted by jury--restitution of $71k.
R. v. McIsaac [1998] B.C.J. No. 1946 BC SC discharge $44,546 both husband and wife on US disability for serious injuries. Received social assistance at same time.
R v McMahon [1983] B.C.J. No. 769 (C.A.) BC CA 7 months $395 applied for social assistance on fake identity. Offender was aged 24. Was trying to support a partner.
R v Kemp [1981] B.C.J. No. 446 (C.A.) BC CA 90 days $2,600 offender collected welfare after getting a job. Offender was supporting 10 year old daughter. 180 hours community service
R. v. Kranjc [1980] O.J. No. 775 (C.A.) ON CA 5 months $7,344 fraudulently collected benefits for an eye injury already collected upon
R v Kirkwood [1978] B.C.J. No. 612 (C.A.) BC CA 9 months $7,300 defraud welfare over 3 months--offender was 33 years old with no record