Our Successes
Theft & Fraud
R. vs. Z.Y. – Healthcare Insurance Fraud Investigation
/in All Successes, Theft & Fraud/by Mike MinesCharges: Fraud Under $5000.
Issue: Given the prompt repayment of restitution that we made on our client’s behalf, whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Gauthier was able to persuade the investigator to not forward any charges for prosecution. No criminal record.
R. vs. T.B. and M.L. – Surrey RCMP Investigation
/in All Successes, Property Offences, Theft & Fraud/by Mike MinesCharges: Possession of Stolen Property over $5000.
Issue: Whether police had sufficient grounds to recommend criminal charges against our clients.
Result: After Mr. Gauthier consulted with the investigator, RCMP decided to refer the case for civil forfeiture and to not pursue any criminal charges against our clients. No prosecution. No criminal record.
R. vs. I.M. – ICBC Insurance Fraud Investigation
/in All Successes, Theft & Fraud/by Mike MinesCharges: Fraud/misrepresentation.
Issue: Whether our client actually intended to make a misleading or fraudulent automobile accident claim.
Result: After consulting with us, our client provided an explanation to the investigator that resulted in ICBC deciding to not recommend any charges. No prosecution. No criminal record.
R. vs. D.C. – Vancouver Provincial Court
/in All Successes, Theft & Fraud/by Mike MinesCharges: Theft (from employeer) Over $5000.
Issue: Whether there was a substantial likelihood of a conviction and whether it was in the public interest to proceed with a criminal prosecution.
Result: Upon Mr. Mines providing information to Crown counsel that our client had fully settled the matter civilly and that there was a significant chance that a key Crown witness would be unavailable at trial, Crown counsel entered a stay of proceedings.No criminal record.
R. vs. T.E. ICBC Insurance Fraud Investigation
/in All Successes, Theft & Fraud/by Mike MinesCharges: Fraud/misrepresentation.
Issue: Whether our client actually intended to make a misleading or fraudulent automobile accident claim.
Result: After consulting with Mr. Gauthier, our client provided an explanation to the investigator that resulted in ICBC electing to not recommend any charges. No prosecution. No criminal record.
R. vs. G.K. – Port Coquitlam Provincial Court
/in All Successes, Theft & Fraud/by Mike MinesCharges: Theft Under $5000 9shoplifting).
Issue: Whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Gauthier was able tp rovide information about our client’s circumstances and the circumstances of the offence that led to Crown deciding to not approve any charges. No prosecution. No criminal record.
R. vs. T.J. – North Vancouver Provincial Court
/in All Successes, Theft & Fraud/by Mike MinesCharge: Theft Under $5000.
Issue: Whether there was substantial likelihood of a conviction.
Result: Mr. Gauthier provided information and made representations to Crown counsel which ultimately led Crown to agree that there was no reasonable likelihood of a conviction. Stay of proceedings. No criminal record.
R. vs. I.K. – Vancouver Provincial Court
/in All Successes, Theft & Fraud/by Mike MinesCharge: Fraud Over $5000.
Issue: Whether our client would be sentenced to a jail for this $10,000 fraud from his employer.
Result: Notwithstanding that our client had a previous criminal conviction for a similar breach of trust offence, Mr. Gauthier was able to persuade Crown counsel to not seek a jail sentence. After hearing Mr. Gauthier’s submissions, the Court sentenced our client to a term of house arrest. No jail.
R. vs. T.F. – Vancouver Provincial Court
/in Assault & Threatening Charges, All Successes, Theft & Fraud/by Mike MinesR. vs. B.J. – Downtown Community Court
/in All Successes, Property Offences, Theft & Fraud/by Mike MinesCharge: Theft of property of a value not exceeding $5,000
Issue: Whether there was a substantial likelihood of conviction and whether it was in the public interest to proceed with the prosecution.
Result: Mr. Johnston identified weaknesses in the available video evidence which persuaded the Crown to direct a stay of proceedings on the charge. No jail. No criminal record.
R. vs. F.S. – North Vancouver Provincial Court
/in All Successes, Theft & Fraud/by Mike MinesCharge: Theft Under $5000.
Issue: Whether Crown could prove the number and value of the electronic devices they alleged our client stole from his workplace.
Result: Mr. Mines was able to persuade Crown counsel to allege that the theft involved only 7 devices worth only $1000. After hearing Mr. Mines submissions, the Court granted our client a conditional discharge. No criminal conviction.
R. vs. O.C. – Richmond RCMP Investigation
/in All Successes, Theft & Fraud/by Mike MinesCharges: Theft (from Employer)) Investigation.
Issue: Whether the evidence was capable of reaching Crown counsel’s charge approval standard.
Result: Mr. Gauthier was able to provide information to the police investigator who, ultimately, elected not to request that any charges be approved. No criminal prosecution. No criminal record.
