Canadian Criminal Sentencing/Cases/Fraud

Fraud Fraud under $5,000 Case Citation PrvCrt Sentence Amount SummaryR v Zentner 2012 ABPC 94 ABPC 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 soldR v Hynes [2012] NJ 422 (NLPC)NLPC discharge fraud x 2, cashed cheques stolen by boyfriend,R v Gordon 2004 BCCA 294BCCA 20 mo R v McSween (2002), 208 N.S.R.(2d) 377 NSSC 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 judgeJohnson (1996), 147 N.S.R.(2d) 105 (S.C.) NSSC 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 trustR v Munroe (1991), 101 N.S.R.(2d) 360 (C.A.) NSCA 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 SummaryR. v. Kilba2012 ABPC 302 (CanLII)ABPC30 months $1.47 million fraudulent mortgages R. v. Khatchatourou and Rezik 2012 ONSC 3511 ON SC4 years $1.1 million two co-accused defrauded CHMCR. v. Johnson 2010 ABQB 546ABSC 13 years $2.4 million Ponzi scheme involved 50 investorsR. v. Drabinsky 2009 CanLII 41220 (ON SC)ONSC 4 and 7 years $100 million+ (est) R. v. DiGiuseppe 2008 ONCJ 127ONPC 6 years $3.8 millionR. v. Ellis 2008 ABQB 40ABSC 5 years $2 million (approx) R. v. Taylor 2008 BCPC 120BCPC 42 months (JR) 3.2 million (approx) R v Penney 2008 ABPC 339 ABPC 1.1 million had 20 people invest in him, position of trust R. v. Allan 2008 CanLII 35699 (ON SC) ONSC 3 years $1.2 million R. v. Wilson 2008 NSPC 68NSPC 26 months 1.8 million R v Minnie and Shaw 2007 BCSC 433 BCSC 5 years and 2 years less a day CSO $1.8 million several victimsR. v. Ablacksingh 2007 CanLII 688 ONSC 4 years $8 million R. v. Leefe [2007] O.J. No. 3461 ONSC 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) ONPC 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 BCPC 3 years $3 million 60-year-old bank manager stole R v. Slobogian 2005 BCSC 434 BCSC 6 years $182 million one of biggest frauds in history of BCR. v. Fortier 2004 BCPC 189BCPC 2.5 years $1 million (approx) defraud investors -- offender was under direction of manager to defraudR. v. D'Andrea 2004 CanLII 13522 (ON CA) ONCA 2 years less $2 million R v Black 2003 NSSC 99 NSSC 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 sentencingR. v. Khan 2002 BCCA 703 BCCA 2 years less a day to 3 years $2.2 million two co-accused convicted of fraudR. v. Dobis 2002 CanLII 32815 (ON CA) ONCA 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 restitutionR. v. Wheeler [2001] N.J. No. 240 (S.C.–T.D.) NLSC 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.) ONCA 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 recordR v. Bjellebo [2000] O.J. No. 478 (Gen. Div.); [2003] O.J. No. 3946 (C.A.)ONCA 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 firmR. 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 QCCA 18 mo and $200,000 fine $1,435,000 defrauded creditors R. v. Gray 1995 Ont.CA. ONCA2.5 years and 2 years less a day $5.8 million government loan to perform researchR. v. Bertram 1990 O.J. No. 2013 (Ont. C.A.)ONCA $4.5 million mostly recovered Between 500k and 1 million Case Citation PrvCrt Sentence Amount SummaryR. v. McConnell 2011 ONCJ 476 ONPC 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 mitigatingR v Dube 2011 ABQB 410 ABSC 6 years $500k offender and accomplices convinced several people to invest money in several clinics that he claimed to own--prior record for related offencesR. v. Lamoureux 2011 ONSC 5497 ONSC 18 mo CSO $700k R. v. Tickell 2010 BCCA 303 BCCA 6 years $900K+ position of trustR. v. Kabiawu 2009 CanLII 18289 (ON SC)ONSC 9 months CSO $500,000 public fraud; pharmacy R. v. Bassett 2009 BCPC 111 BCPC 2 years $670k broker defrauded R. v. Datsko 2009 BCPC 106BCPC 3 years $720k yacht club controller R v Coulson 2008 ABPC 144 ABPC2 years less a day CSO $600k fraud over x10, offender ran an auto shop, sold customers vehicles, position of trustR v Leis 2004 SKQB 463SKSC 8 month CSO $592,000 R. v. Blackler 2004 CarswellNfld 439 (Prov.Ct.), aff’d 2006 NLCA 48NLCA 2 years less a day CSO $850k R. v. Bogart 2002 CanLII 41073 (ON C.A.) ONCA 18 months $900k doctor files fraudulent OHIP charges over 7 yearsR. v. Howe 2002 ABCA 277ABCA 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) BCSC 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 PrvCrt Sentence Amount SummaryR v Ford 2012 NSSC 340 (CanLII) NSSC 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 rejectedR v Parkes 2012 SKQB 257 SKSC 36 months $179k offender convicted of defrauding vulnerable senior citizenR v Garrick 2012 ONSC 2528 ONSC 23 months CSO $139k offender convinced three victims to invest money in an IPOR. v. Hatche2012 SKPC 38SKPC2 years less a day CSO$143,452.30R. v. Judd 2012 BCPC 7BCPC 2 years $204,070 R. v. Slattery 2012 ONSC 792 ONSC $77k found guiltyR. v. Zenari 2012 ABPC 7ABPC CSO 225k+ police officer submitting false overtime claimsR. v. Kaziuk 2012 ONCJ 34ONPC 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 convictionsR. v. Dhaliwahl 2011 ONCJ 560 ONPC9 months $430k+ offender worked for accounting in hospital--wrote cheques to selfR. v. Naugler 2011 NSPC 68NSPC 8 months + probation $136,456 offender defrauded employer over 3 yearsR. v. Purves 2011 SKQB 162 SKSC 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 318ABPC2 years $275k R. v. Stirling 2010 ABCA 338 ABCA 1 year $255k+ offender was a bookkeeper for a community association. Over three years she completed 254 illegal transactions.R v MacDonald2010 NSPC 33NSPC 30 months $200k+ investment advisor defrauded 30 clientsR. v. Oates 2008 SKQB 274 SKSC 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)ONSC 18 months CSO $190k offender was 47 years old, no record, had mental health issues and was getting counsellingR. v. deKock 2008 ABPC 279 ABPC 2 years less a day $175k fraud x 21, over a period several months, position of trustR. v. M.K.M. 2007 BCPC 58BCPC 2 years less a day CSO $262,912 accounts receivable clerk over a long period of timeR. v. Fulcher 2007 ABCA 381ABCA 2 years $268k R. v. Harding 2006 SKCA 118 SKCA 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 CSOR v Bracegirdle 2004 ABCA 252 ABCA2 years less a day$175,462.96 offender was financial manager for Cystic Fibrosis Society for 15 years--over 5 years she took moneyR v Trask [2005] N.S.J. No. 561 NSPC 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 greedR v Corner 2005 OJ No 3590 (SC) ONSC 18 month CSO $150k offender came forward and told employer he defrauded them--offender had abusive and dysfunctional familyR v Reid 2004 YKCA 4YKCA 14 months $170k (approx) 6 months credit for remand, and served some sentence on CSO--court overturned 18 month CSO--breach of trustR. v. Altenhofen [2003] A.J. No. 797, 2003 ABQB 485ABSC 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) ONPC22 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 BCCA 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 NBSC1 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)ONPC 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 ABCA 18 months $123,860offender forged 25 company cheques--offender was age 42, no record, with adult childrenR. v. Fehr [2001] S.J. No. 147, 2001 SKCA 37 SKCA11 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 CSOR. v. Matheson 2001 NSSC 78NSSC 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 documentsR. v. Moulton (2001), 160 C.C.C. (3d) 407, 2001 SKCA 121 SKCA 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 trustR. v. DeBay 2001 NSCA 48NSCA 2 years (JR) $226,234.99 R. v. Anderson-Davis 2000 BCSC 42 BCSC18 month CSO $136,700 R v Saunders (2000), 189 N.S.R.(2d) 126 (S.C.) 2000 CanLII 4612NSSC 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 repaymentR. v. Gross [2000], O.J. No. 3479 ONSC 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 creditR. v. Millward [2000], A.J. No. 1371, 2000 ABCA 308 ABCA20 months $350k offender was insurance agent committed fraud over 18 monthsR v Ferguson [1999] N.S.J. No. 481NS 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.)SKCA 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 yearsR. v. Pierce 1997 CanLII 3020 (ON CA), [1997] 32 O.R. (3d) 321ONCA12 months $270,000 offender was employeeR. v. Horvath (1997), 117 C.C.C. (3d) 110 (Sask. C.A.), 1997 CanLII 9759 SKCA 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)BCSC 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 sentencingR v Gaetz 1992 CanLII 2509 (NS CA) NSCA 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 offenceR v Flynn (1991), 109 N.S.R.(2d) 354 (T.D.), [1991] N.S.J. No. 536NSSC 28 months $300,000 defrauded employer, no record, family support, potential for rehabilitationR v Tucker [1988] N.S.J. No. 33NSCA 100k and less Case Citation Pr Ct Sentence Amount SummaryR. v. McGrath 2012 CanLII 67732 (NL SCTD) NLSC 7 months $38,356.60 offender defrauded the Brain injury Association over 51 transactions over a year.R. v. Lavigne 2011 ONSC 2938ONSC 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 BCSC $71.5k offender stole a credit card from post office and used it to get money for gamblingR. v. Wentzell 2011 NSSC 200NSSC 6 months $69,245.51 over two years the offender created 2 false travel claims--offender was 46 years old, prior record for arsonR. v. Satkunarajah 2011 ABPC 385 ABPC 9 months 93.5k defraud bank; guilty plea; no record; low lossR v Salikin 2011 SKPC 179 SKPC 18 months CSO 65k fraud of employerR. v. Kohuch 2011 ONCJ 620ONPC 18 months CSO $62,765.00 accused was treasurer of sports league. No restitution has been made.R. v. Skorobohach 2011 BCPC 303 BCPC 3 years 96k mail confidence scheme targetting senior citizens, defraud over several yearsR. v. Lee 2011 NSPC 81 NSPC 10 months $67k over 1 year stole 23 deposits, conviction at trial, R. v. Cassettari 2010 BCPC 139 BCPC 2 years less a day CSO $60,000 R. v. Keller 2009 ABCA 418ABCA 90 days $6k CSO overturnedR. v. South 2009 MBPC 12 MBPC 15 months $64k R. v. Fayemi 2009 BCPC 123 BCPC Suspended Sentence $15,000 R. v. Bodnarchuk 2008 BCCA 39BCCA 12 to 18 months $64k company owner defrauded investors for start-up project--breach of trustR. v. Bavarsad 2008 BCCA 137 BCCA 12 months CSO $87,445 R. v. Upton 2008 NSSC 360 NSSC 3 years $45,353.20 42 victimsR. v. Alakija 2007 ABPC 234 ABPC 18 months CSO $58,829.93 stole 49 deposits from employer over < 3 months, confessed, gambling addictionR. v. Pechterski 2007 ONCJ 533 ONPC 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)ONCA 4 years $54k R. v. Fitzpatrick 2005 BCCA 314 BCCA 6 mo $30,000 false debit purchasesR v Hewitt 2004 NLSCTD 65 NLSC 9 month CSO $30,132.09R. v. Pottie 2003 NSSC 263NSSC 18 months CSO $46,475 secretary of hockey council, defrauded over several years, offender was 58 years old with heart problems--full restitution orderedR. v. Williams [2003] O.J. NO. 2202, 2003 CanLII 9650 (C.A.)ONCA 90 days + fine ? offender was senior manager in a position of trust, hired girlfriend without any authority to do soR. v. Inglis 2002 BCPC 242 BCPC 18 months CSO $78,738.92 employee defrauded bank employer over 2 yearsR v Mastromonaco [2002] O.J. No. 4612 ONSC 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 responsibilityR. v. Macdonald [2001] N.S.J. No. 51 (C.A.), 2001 NSCA 26NSCA probation (JR) $32k falsified 3 years of overtime--restitution--victim was agreeable with resolutionR. v. Desormeau [2001] N.J. No. 341 (S.C.–T.D.) NLSC 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)YCSC 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 trustR. v. Decoff 2000 N.S.J. No. 224 (S.C.)NSSC 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 accountsR. v. MacEachern [1999] P.E.I.J. No. 85 (C.A.)PEICA 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 trustR. v . Quinlan (1999), 133 C.C.C. (3d) 501 (Nfld. C.A.), 1999 CanLII 18952 (NL CA)NLCA 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.)NLCA 7 months CSO $27,614 bank clerk defrauded employer over 2 years--lost job as a result--R v Hiltz 1989 CanLII 165 NSCA 3 months $5,784.70 time servedR v Murdock [1980] N.S.J. No. 510, (1980), 42 N.S.R.(2d) 90 (CA) NSCA 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 SummaryR. v. Isaac 2009 SKPC 111 SKPC 16 months CSO $5,720 welfare fraudR. v. Collins 2011 O.J. No. 978, 2011 ONCA 182 ONCA 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 BCSC 6 months CSO $25k welfare fraudR. v . Rizzetto (2002), 210 N.S.R. (2d) 67 (C.A.), 2002 NSCA 142NSCA 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 BCSC 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.) BCCA 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.)BCCA 90 days $2,600 offender collected welfare after getting a job. Offender was supporting 10 year old daughter. 180 hours community serviceR. v. Kranjc [1980] O.J. No. 775 (C.A.) ONCA 5 months $7,344 fraudulently collected benefits for an eye injury already collected uponR v Kirkwood [1978] B.C.J. No. 612 (C.A.) BCCA 9 months $7,300 defraud welfare over 3 months--offender was 33 years old with no record Category:Criminal Case Digests