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Theft & Fraud

R. v. A.L. – Vancouver Provincial Court

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Charges: Tax Evasion (Excise Tax Act); Fraud Over $5000 x2.

Issue: Given our client’s cooperation with the investigation, his civil settlement and his genuine remorse, whether a jail sentence was appropriate for this almost one million dollar tax evasion case.

Result: Mr. Mines was able to provide medical and financial information to Crown counsel that ultimately led Crown to proceed on the fraud charges rather than seeking an almost one million dollar mandatory fine under the Excise Tax Act. The Court accepted the joint submission for a 2 year less a day conditional sentence and probation. No jail.

R. v. T.C. – Fraud Over $5000 Investigation

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Charge: Fraud Over $5000.

Issue: Given the civil settlement of this $245,000 misappropriation from employer case, whether there was any interest in pursuing  a criminal investigation and prosecution.

Result: Mr. Johnston was able to negotiate a civil settlement and obtained a Final Release from the complainant. No criminal investigation occurred. No risk of jail or criminal prosecution.

R. v. S.R. – Insurance Fraud Investigation

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Charge: Insurance fraud over $5000 investigation.

Issue: Given our client’s rehabilitation and repayment of disputed funds, whether it was in the public interest to proceed with a criminal prosecution.

Result: Mr. Gauthier was able to persuade the Insurance company to settle the matter on a civil basis. No criminal charges were forwarded. No criminal record.

R. v. A.B. – Vancouver Provincial Court

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Charge: Break and Enter.

Issue: Given our client’s mental health issues, whether a conditional discharge was an appropriate sentence for this drug store break in.

Result: Mr. Gauthier  provided Crown counsel with information about our client which persuaded Crown to make a joint submission for a conditional discharge. No jail. No criminal conviction.

R. vs. A.B. – Insurance Fraud Investigation

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Charge:  Fraud Under $5000.

Issue: Given our client’s rehabilitation and repayment of the disputed funds, whether it was in the public interest to proceed with a criminal prosecution.

Result: Mr. Gauthier was able to persuade the insurance company to settle the matter on a civil basis. No criminal charges were forwarded. No criminal record.

M.S. – UBC Academic Misconduct Investigation

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Charge: Our client was investigated for theft of pharmaceuticals while on a job placement assignment.

Issue: Whether there was sufficient evidence to warrant the university to expel our client from furthe studies at UBC.

Result: Mr. Gauthier was able to guide our client through the investigation process and was able to convince the faculty to allow our client to continue studying. Rather than proceeding to a discipline hearing, the matter was concluded.

R. vs. P.A.N. – West Vancouver Police Investigation

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Charge: Fraud (from employer).

Issue: Given our client’s cooperation with authorities and willingness to repay the alleged misappropriated funds, whether it was in the public interest to proceed with criminal charges.

Result: Mr. Gauthier was able to persuade the police investigator to refer the file to Restorative Justice rather than arresting our client and recommending a criminal prosecution. No charge was approved. No criminal record.

R. v. Q.C. – Insurance Fraud Investigation

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Charge: Insurance fraud over $5000 investigation.

Issue: Given our client’s rehabilitation and repayment of disputed funds, whether it was in the public interest to proceed with a criminal prosecution.

Result: Mr. Gauthier was able to persuade the Insurance company to settle the matter on a civil basis. No criminal charges were forwarded. No criminal record.

R. vs. A.S. – North Vancouver Provincial Court

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Charges: Fraud Over $5,000 (x4); Theft Over $5,000 (x4).

Issue: Given that full restitution was made and that our client had taken significant steps toward self-rehabilitation, whether jail was the appropriate sentence for this $240,000 employee fraud.

Result: Mr. Mines was able to facilitate the restitution payment and provided medical information to Crown counsel on our client’s behalf. Ultimately Mr. Mines persuaded Crown to  jointly  recommend a non-custodial sentence. After hearing Mr. Mines’ submissions, our client was granted a 2 year less a day conditional senntence. No jail.

R. vs. C.C. – Insurance Fraud Investigation

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Charges: Fraud Over $5,000 Investigation.

Issue: Given that we were able to negotiate a civil settlement of this $6,000 insurance claim overpayment, whether it was in the public interest to proceed with a criminal prosecution.

Result: Mr. Gauthier was able to negotiate a settlement of the alleged fraudulent claim. We obtained a full Release, ending the matter. No further liability. No criminal charges were forwarded.

R. vs. A.J. – Insurance Fraud Investigation

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Charges: Fraud Over $5,000 Investigation.

Issue: Given that we were able to negotiate a civil settlement of this $13,000 insurance claim overpayment, whether it was in the public interest to proceed with a criminal prosecution.

Result: Mr. Mines was able to negotiate a settlement of the alleged fraudulent claim. We obtained a full Release, ending the matter in both the civil and criminal context. No further liability. No criminal charges.

R. vs. C.T. – Insurance Fraud Investigation

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Charges: Fraud Under $5,000.

Issue: Given our client’s repayment of the alleged fraudulent health insurance benefits, whether it was in the public interest to proceed with criminal charges.

Result: Mr. Gauthier was able to settle the matter civilly on our client’s behalf without any further civil or criminal proceeding. No charges were approved.

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