Canadian Criminal Sentencing/Cases/Fraud

Fraud under $5,000

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

1 million or more

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. 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	$182 million	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-accused 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—hundreds 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 an 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	Three accountants defrauded firm. Pleaded guilty and were fully cooperative with forensic audit. Made virtually full restitution.
R. v. Savard	1996 QueCA	QC	CA	18 mo and $200,000 fine	$1,435,000	defrauded 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

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

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

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

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