• Vancouver at night

Commercial Crime

The Charge

People charged with commercial crime are generally charged with Fraud over $5000 offences, pursuant to s. 380 of the Criminal Code. Commercial crime offences may includes offences contrary to the Bankruptcy Act, the British Columbia Securities Act or the British Columbia Insurance (Vehicle) Act. Over the years our firm has defended clients charged with bankruptcy fraud, counterfeiting and insurance fraud. Depending on the scale of the fraud, Crown counsel often seeks significant jail time for commercial crime offences. Often, there is a breach of trust element to commercial crime charges. When an employee or business partner is accused of using their position of trust to commit an offence, Crown will rely on s. 718 of the Criminal Code which deems breach of trust to be an “aggravating circumstance” which can increase the sentence of a person convicted of a commercial crime offence.

The Investigation

All cases are unique, but in the majority of commercial crime cases the suspect is confronted with an investigator working for the organization that claims to have been victimized. Typically, this is an official from the BC Securities Commission, the bank or the insurance company. Because this is not yet a police investigation, the suspect is not usually advised of their rights under the Charter to be able to immediately contact a lawyer or to remain silent. It is certainly not uncommon for people in this situation to be tempted to explain themselves and they often end up making some incriminating statements. We certainly advise anyone who has been confronted with an accusation of commercial crime to call our office for advice at the earliest opportunity possible.

A person accused of a commercial crime offence often faces the pressure of both a criminal charge and a civil action being taken by the Securities Commission, bank, insurance company or other body. It is certainly prudent to obtain legal advice from counsel that has experience defending these types of charges.

Recent Successes

R. vs. M.P. - ICBC insurance fraud investigation.

Charge: Insurance fraud.
Issue: Whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Gauthier was able to steer our client through the investigation by helping our client rectify the fraudulent information that he had provided to I.C.B.C. No charges approved. No criminal record.

R. vs. S.B. - Port Coquitlam Provincial Court

Charges: Assault Causing Bodily Harm; Assault Police Officer.
Issue: Given our client's severe mental health issues, whether he was criminally responsible for the offences.
Result: Mr. Gauthier was able to provide information about our client's mental health history to Crown counsel and, ultimately, was able to persuade Crown to end the prosecution. Stay of proceedings. No jail. No criminal record.

R. vs. J.H. - Vancouver Provincial Court

Charge: Mischief Under $5000.,br> Issue: Whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Gauthier provided information about our client to Crown counsel and was able to persuade Crown that there was no public interest in prosecuting this matter. No charge approved. No criminal record.

R. vs. B.C. - Vancouver Provincial Court

Charge: Mischief Under $5000.
Issue: Whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Gauthier provided information about our client to Crown counsel and was able to persuade Crown that there was no public interest in prosecuting this matter. No charge approved. No criminal record.

R. vs. W.F. - Richmond Provincial Court

Charge: Assault.
Issue: Whether this road rage incident was a criminal offence or a consensual fight.
Result: Mr. Johnson was able to present Crown counsel with video evidence which confirmed that the complainant had engaged in a consensual altercation. Stay of proceedings. No criminal record.

R. vs. K.Y. - Surrey Provincial Court

Charge: Assault Causing Bodily Harm.
Issue: Whether the 18 month jail sentence Crown had sought was reasonable in all the circumstances.
Result: Mr. Johnson provided information to the Crown and Court and ultimately persuaded the trial judge to sentence our client to a 7 month conditional sentence , followed ny 18 months probation. No jail.

R. vs. G.W. - North Vancouver RCMP Investigation

Charge: Assault with a weapon.
Issue: Whether there was sufficient evidence to support a criminal prosecution.
Result: Mr. Johnson was able collect information from a defence witness and represent to police that our client should not  be prosecuted. Police concluded their investigation without recommending any criminal charge against our client. No criminal record.

R. vs. J.S. - Vancouver Provincial Court

Charge: Assault with a Weapon.
Issue: Given the rehabilitative steps we directed our client to complete, whether it was in the public interest to proceed with the criminal prosecution.
Result: Mr. Gauthier was able to persuade Crown counsel to not approve any charge prior to the scheduled first court appearance. No criminal record.

R. vs. S.L. - Port Coquitlam Provincial Court

Charges: Possession of a loaded prohibited firearm; Unlawful storage of firearms.
Issue: Whether the warrant used to search our client's premises was lawful; whether our client posed a risk to re-offend.
Result: Mr. Mines was able to point to potential flaws in the warrant and police search which culminated in Crown's agreement to not pursue their original sentencing position of a 2-3 year jail sentence. Rather, the court accepted a joint submission of a 12 month conditional sentence with a curfew for the first six months. No jail.

R. vs. M.K.A. - Vancouver Provincial Court

Charges: Assault with a Weapon (x2).
Issue: Whether it was in the public interest for the court to grant our client a conditional discharge.
Result: Mr. Mines was able to direct our client through a course of rehabilitative counselling, and after hearing Mr. Mines' submissions, the trial judge granted our client a conditional discharge. No criminal conviction.

R. vs. K.D. - Vancouver Provincial Court

Charges: Assault (domestic).
Issue: Given the rehabilitative steps that we were able to guide our client through, whether there was a public interest in continuing with the prosecution.
Result: Mr. Mines was able to persuade Crown counsel to amend the bail condition to allow "permissive contact" with the complainant, and after providing Crown with a report from our client's psychologist Crown counsel ended the prosecution. Stay of proceedings. No criminal record.

R. vs. J.L. - Vancouver Provincial Court

Charges: Sexual assault; Unlawful Confinement; Assault by Choking.
Issue: Given the impact of the additional evidence that Mr. Johnson provided to Crown counsel, whether there was a substantial likelihood of a conviction.
Result: Crown counsel agreed that the new evidence significantly undermined the strength of the case.  Crown counsel entered a stay of proceedings, bringing the prosecution to an end. No jail. No criminal record.

The Defence

Clients that contact us early in the investigation (before charges are forwarded to police) have the best chance of obtaining the best result – the chance of no charge being approved at all. In our many years of practicing criminal law, we’ve learned that many complainants are primarily interested in recovering their losses through civil means rather than pursuing criminal charges. In such cases – and even in cases where charges have been approved – our goal is to try and obtain a civil settlement which involves our client making civil restitution to the complainant in exchange for obtaining a release for any further civil liability.

In some cases, in the face of strong Crown evidence, we have no alternative but to go to trial to defend our client. Often, commercial crime cases involve complex issues in the law of evidence. We are well versed in the various laws that involve search warrants, production orders and the various Canada Evidence Act provisions involving the rules Crown must comply with when they want to introduce banking records, business records, or any other documentary evidence. Our experience allows us to develop arguments at trial which are aimed at protecting our clients’ rights to be treated to a fair trial as guaranteed by the Charter.

Start with a free consultation.

If you are being investigated by police or if you’ve been charged with a criminal or driving offence, don’t face the problem alone. Being accused of an offence is stressful. The prospects of a criminal record or jail sentence can be daunting. Even if you think there is no defence, we may be able to help. To schedule a free initial consultation with one of our Vancouver lawyers, contact us now.