Our Successes
Theft & Fraud
R. v. A.B. – Vancouver Provincial Court
/in All Successes, Property Offences, Theft & Fraud/by Mike MinesCharge: 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
/in All Successes, Theft & Fraud/by Mike MinesCharge: 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
/in All Successes, Theft & Fraud/by Mike MinesCharge: 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
/in All Successes, Theft & Fraud/by Mike MinesCharge: 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
/in All Successes, Theft & Fraud/by Mike MinesCharge: 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
/in All Successes, Theft & Fraud/by Mike MinesCharges: 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
/in All Successes, Theft & Fraud/by Mike MinesCharges: 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
/in All Successes, Theft & Fraud/by Mike MinesCharges: 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
/in All Successes, Theft & Fraud/by Mike MinesCharges: 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.
R. v. K.T. – Insurance Fraud Investigation
/in All Successes, Theft & Fraud/by Mike MinesCharges: Fraud Under $5000.
Issue: Given our client’s repayment of the alleged fraudulent health insurance benefit claims, whether it was in the public interest to proceed with criminal charges.
Result: Mr. Mines was able settle the matter on our client’s behalf and received a Release from the insurer ending the matter without any further civil or criminal proceeding. No charges were approved.
B.G. – Vancouver Provincial Court
/in All Successes, Theft & Fraud/by Mike MinesCharge: Theft/Fraud Over $5000 (from employer).
Issue: Given the self rehabilitation and civil settlement made by our client, whether a non-custodial sentence was appropriate in this $60,000 theft from employer case.
Result: Mr. Gauthier was able to persuade the Court that the appropriate sentence was an 18 month community-based sentence with 6 months of house arrest. No jail.
R. vs. S.L. – Insurance Fraud Investigation
/in Theft & Fraud/by Mike MinesCharge: Fraud Over $5000.
Issue: Given our client’s settlement of the fraud claim by paying funds back on a “without prejudice” basis, 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 report for charge assessment. No charges were approved. No criminal record.
