Fraud Over $500,000 (Sentencing Cases)

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Fraud Over

See also: Fraud (Sentencing Cases)

1 million or more

Case Name Pr Ct Sentence Amount Summary
R v Pavao,
2018 ONSC 4889 (CanLII), per Molloy J
ON SC 5 years imprisonment $1.1 million
R v Colpitts, 2018 NSSC 180 (CanLII), per Coady J NS SC 5 years imprisonment (Potter)
4.5 years (Colpitts)
roughly $13 million The offenders were convicted after a lengthy trial conspiracy to manipulate market price shares and public market fraud.
R v Watson,
2017 ONCA 346 (CanLII), per curiam
ON CA 5 years imprisonment over $1 million The offender was a police officer who engaged in an organized fraud scheme where false motor vehicle accident claims were made that resulted in insurers paying out claims.
R v Pastore,
2017 ONCA 487 (CanLII), per curiam
ON CA 15 months $1 million loan, $409,000 in losses
R v Sponagle,
2017 NSPC 23 (CanLII), per Derrick J
NS PC time served (3+ years) A joint recommendation. Crown agrees to remand credit of 3 years, 4 months.
R v Dhanaswar,
2016 ONCA 172 (CanLII), per curiam
ON CA 6 years $2,372,702 The offender was convicted of two counts of fraud. The offender and her husband made representations to investors of large returns on small investments. Both the offender and her husband held management positions in the companies involved.
R v Clarke,
2016 NSSC 101 (CanLII), per Campbell J
NS SC 3 years imprisonment millions A joint recommendation.
R v McGill,
2016 ONCA 139 (CanLII), per curiam
ON CA 4 years imprisonment $3.4 million The offender was convicted at a jury trial of 23 counts of fraud over $5,000. He was a mortgage broker in Sarnia Ont. Over several years he was a party to a ponzi scheme amount to a total of more than 3.4 million dollars. McGill was a lesser player to the The Court overturned a 23 month conditional sentence and replaced it with a . There were 22 victims. There was a breach of trust. It was motivated only be greed. Baron, who was sentenced to 6 years, received the majority of the profits from the scheme.
R v Vinski,
2014 ONSC 2332 (CanLII), per Durno J
ON SC 4.5 years imprisonment $3 million The offender pleaded guilty to fraud. He was a general manager for a credit union and took out 27 fake mortgage accounts over 7 years. The fraud caused the union to collapse. He had no record and some health issues. No restitution had been paid.
R v Bailey,
2014 ABPC 223 (CanLII), per Fradsham J
AB PC 9 years imprisonment $30-40 million
R v Fast,
2014 SKQB 161 (CanLII), per Danyliuk J and 2015 SKCA 56 (CanLII)
SK CA 7 years imprisonment $16.7 million One of biggest fraud's in Saskatchewan's history. "Ronald Fast ran a Ponzi scheme that ultimately resulted in a $16.7 million fraud on nearly 250 primarily elderly people in his community. His daughter, whom he involved in the scheme, was also charged and convicted." Mr Fast was 71 years of age with physical and mental health problems.
R v Fung, 2014 ONCJ 492 (CanLII), per Lipson J ON PC 17 months $1.7 million The offender pleaded guilty to defrauding the bank. She paid back full restitution. She suffered from major depression.
R v Abedi, 2012 ONCJ 540 (CanLII), per Borenstein J ON PC 2 years less a day CSO $14 million The offender pleaded guilty to fraud. The offender was personally responsible for $850k of the total losses. He paid $50k in restitution. He was 45 years old with no criminal record. He was remorseful.
R v Oneil,
2013 ABCA 192 (CanLII), per Rowbotham JA
AB CA 5 years imprisonment $3.6 million defrauded over 40,000+ tourists of their tax rebates over 7 years.
R v Seremet,
2013 ABQB 291 (CanLII), per Macklin J
AB SC 4 years imprisonment $3.6 million Over $3 million recovered. Offender was involved in an "oklahoma flip" scheme of artificially inflating house value.
R v Shaha,
[2013] OJ No 3370(*no CanLII links)
ON 66 months $2.2 million "...the offender defrauded 20 victims of a total of $2.2 million. He was sentenced to 66 months in prison. The circumstances of the victims and the consequences they suffered as a result of the fraud bear many similarities to Mr. Pavao’s victims. However, there were more of them and the total amount of the fraud was also greater. Some of the circumstances of Mr. Shah’s fraud were more aggravating. For example, some of these frauds were perpetrated after he had been arrested and charged with another fraud and for some of the frauds he misrepresented himself as a lawyer. In that sense, his crimes were deserving of a harsher sentence than would be appropriate for Mr. Pavao. However, Mr. Shah pleaded guilty, which was mitigating." [1]
R v Link,
2013 SKQB 163 (CanLII), per Ball J
SK SC 5.5 years imprisonment $1.7 million Occurred over 6 years. "The offender was guilty of two counts of fraud. Over $1.7 million was taken over a period of six years. Numerous elaborate steps were required to conceal the fraud and keep the enterprise going for that time. At least 56 victims were adversely affected. To the offender’s knowledge, some of the victims were vulnerable without much money to lose. Many were unsophisticated. They trusted the offender. He used his status in the community as a means of perpetrating and continuing the fraud. There are a number of similarities to the case at bar. Justice Ball sentenced Mr. Link to a penitentiary term of five and one‑half years." [2]
R v Paterson,
2013 BCPC 5 (CanLII), per Dhillon J
BC PC 6 years imprisonment $300 million The offender was as hospital administrator who defrauded the organization by filing false expenses and collected undeserved benefits.
R v Steinhubl,
2013 ABCA 39 (CanLII), per curiam
AB CA
R v Kilba,
2012 ABPC 302 (CanLII), per Van de Veen J
AB PC 30 months $1.47 million fraudulent mortgages
R v Khatchatourou and Rezik,
2012 ONSC 3511 (CanLII), per O’Marra J
ON SC 4 years $1.1 million The two offenders pleaded guilty to 10 counts of fraud. They stole the identities of recently arrived immigrants to take out 27 mortgages on 11 properties from CMHC over 7 years. They were not in a position of trust. The two offenders were in a relationship. Khatchatourou was 23 years at the start of the offence and had ties to the local church. Rezik was a single mother and was attending university. Neither showed any remorse. The sentencing judge ordered 4 years and $423k in fines-in-lieu of forfeiture. Appealed to 2014 ONCA 464 (CanLII).
R v Mazzucco,
2012 ONCJ 333 (CanLII), per Clark J
ON PC 6 years imprisonment $4.9 million the offender conducted a lengthy Ponzi scheme. He made several attempts to reimburse some investors. He plead guilty at trial.
R v Cunsolo,
2012 ONSC 114 (CanLII), per Hill J
ON SC 18 months $3.8 million+ mortgage fraud; restitution of 250k ordered
R v Banks,
2010 ONCJ 339 (CanLII), per West J
ON PC 4 years $1.4 million "The offender ... was an investment adviser who defrauded his victims of approximately $1.4 million. The majority of the victims were elderly retirees who relied upon the interest from their investments to supplement their retirement income. Some of them lost their entire life savings. Mr. Banks was 51 years old, had numerous character references, and no prior criminal record. He pleaded guilty. Mr. Banks was sentenced to four years imprisonment. Mr. Pavao’s personal circumstances are similar, as are his crimes, but he does not have the advantage of the mitigating impact of a guilty plea." [3]
R v Johnson,
2010 ABQB 546 (CanLII), per Sullivan J
AB SC 13 years imprisonment $2.4 million ponzi scheme involved 50 investors. "The offender ran a Ponzi scheme that defrauded over 50 investors of some $2.43 million. Half of those victims were members of his church. Many victims suffered financial, psychological, emotional and physical harm. The offender did not stop on his own volition. The trial judge sentenced him to 13 years, which was reduced to 10 years on appeal." [4]
R v Thow,
2010 BCCA 538 (CanLII), per Low JA
BC CA 7 and 9 years $10 million The offenders defrauded victims of $10 million with $8 million in losses. The money was used to fund expensive lifestyle. Upheld decision of 2010 BCPC 378. "The accused entered guilty pleas to 20 counts of fraud, which occurred over a 2½‑year period on an international scale. The deprivation was some $10.2 million. Victims included friends and family. The offender was said to have operated without a conscience. The victims spoke of how life savings were lost and the devastation the fraud caused. On counts prior to September 2004, the sentence was seven years; after that date, nine years." [5]
R v Chamczuk,
2010 ABCA 380 (CanLII), per curiam
AB CA
R v Jones,
2010 QCCQ 851 (CanLII) , per Morin J
QC PC 11 years $50 million Offence occurred over 27 years.
R v Georgakopoulos,
2009 CanLII 43 (ON SC), per McCombs J
ON SC 2 years less a day CSO $1.6 million
R v Fontaine,
2009 MBQB 165 (CanLII), per Schulman J
MB SC 3 years
R v Lacroix,
[2009] Q.J. No. 10890, 2009 QCCS 4519 (CanLII), per Wagner J
QC 13 years $95 million The offence occurred over a period of 3 years. There were about 9,200 investors who were defrauded. HE plead guilty on the eve of his jury trial to 200 counts.
R v Drabinsky,
2009 CanLII 41220 (ON SC), per Benotto J
ON SC 4 and 7 years $100 million+ (est)
R v DiGiuseppe,
2008 ONCJ 127 (CanLII), per Tetley J
ON PC 6 years $3.8 million "By manipulating his books for two corporations, the accused defrauded Revenue Canada of an amount exceeding $3.5 million. The offender was 61, with two adult daughters who (with their spouses) were also involved with the businesses. The offender had no criminal record and had some health problems, both physical and psychological. The Crown sought six years, citing as aggravating factors the breach of trust, the amount of the fraud, the need for denunciation and deterrence, the lack of remorse, the multiple levels of dishonesty involved, the degree of sophistication and planning, the length of the fraud, the use of “front men” and the failure to voluntarily terminate the criminal activity. Defence sought a sentence in the range of three years. The court determined the appropriate sentence to be six years’ imprisonment plus a fine of $2 million to be appropriate." [6]
R v Wilder,
2008 BCCA 370 (CanLII), per Levine JA
BC CA 9 years imprisonment $38 million "The offender was convicted of seven counts of fraud and one count of possessing the proceeds of crime. The fraud dealt with false tax credits, and the victim was the Canadian government, which lost $38 million. A sentence of nine years imprisonment and a restitution order for $5 million was upheld on appeal. While the sentence was seen as high, it was held not to be outside the range or demonstrably unfit." [7]
R v Charbonneau,
2008 QCCQ 251 (CanLII), per Bonin J
QC 7 years imprisonment $14 million "There are some markedly similar features to those in the case at bar. The offender was convicted of 119 counts of fraud totalling almost $14 million. He had set up a corporation which in turn set up “investment clubs” to gather funds to start an insurance company. It was a Ponzi scheme, in the form of a promissory note fraud, which ran for several years. He misrepresented facts to investors. When the scheme came to light, a proposal was made to the creditors, which was rejected and the companies then went bankrupt. The investors had no guarantee or protection and lost their money. A pre‑sentence report was not positive for the offender. He received a sentence of seven years, concurrent on each count." [8]
R v Ellis,
2008 ABQB 40 (CanLII), per Verville J
AB SC 5 years imprisonment $2 million (approx)
R v Taylor
2008 BCPC 120 (CanLII), per Giardini J
BC PC 42 months (JR) 3.2 million (approx)
R v Penney
2008 ABPC 339 (CanLII), per Allen J
AB PC 1.1 million The offender plead guilty to an fraudulent investment scheme where he had 20 people invest in him. He was in a position of trust. A "$1.1 M fraud wherein the court found that many of the victims included those in a trust relationship. Mr. Penney also had one prior fraud convictions with a short sentences (9 months and 3 years probation) which according to Judge Allen, at para 47 “did little to curb his fraudulent activity”. Mr. Penney however did plead guilty and cooperated with the authorities - this was a significant mitigating factor. He was sentenced to 6 yrs (and would have been sentenced to 8 yrs had there not been a guilty plea)."
R v McCarthy
2008 CanLII 68887 (ON SC), per Thorburn J
ON SC 2 years less a day CSO $3 million
R v Allan
2008 CanLII 35699 (ON SC), per GP Smith J
ON SC 3 years imprisonment $1.2 million "The Court sentenced the accused to thirty-six months’ detention for crimes of fraud and breach of trust. She was an administrator for the Ontario Works Program, which sought to distribute assistance to clients in need who were living on the Aboriginal reserve. She created client files with false documents, reactivated terminated files, and then approved the issuing of cheques, which she cashed herself. The fraud amounted to $1,285,000. This sentence was imposed despite the fact that the accused had no criminal record, pleaded guilty, and cooperated with the police officers. No restitution was possible in her case. The accused occupied a high position of trust and defrauded the government for her own financial interest and that of her family. The fraud extended over a long period of time and involved a high degree of planning and sophistication." [9]
R v Wilson
2008 NSPC 68 (CanLII), per Ross J
NS PC 26 months $1.8 million The offender pled guilty to defrauding a bank over a period of 1 month for a total exceeding $1.8 million. He ran an auto dealership and misrepresented his inventory. The offender was not in a position of trust.
R v Minnie and Shaw
2007 BCSC 433 (CanLII), per Pitfield J
BC SC 5 years and 2 years less a day CSO $1.8 million several victims
R v Ablacksingh
2007 CanLII 688 (CanLII), per Gans J
ON SC 4 years imprisonment $8 million
R v Leefe
[2007] OJ No 3461(*no CanLII links)
ON SC 18 months CSO + fine (JR) $7 million

The offender was the operator of a telemarketing company, had a 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 Coffin,
2006 QCCA 471 (CanLII), per curiam
QC CA 18 months $1,556,625 The accused pleaded guilty to fifteen counts of fraud against the Government of Canada for a total of $1,556,625. He occupied a privileged position and his acts were premeditated. The Court of Appeal of Quebec sentenced him to eighteen months’ imprisonment, overturning the trial judgment imposing a conditional sentence of two years less one day of imprisonment, even though he had reimbursed $1 million."[10]
R v Heiligsetzer,
2006 ABCA 2 (CanLII), per Côté JA
AB CA 7 years imprisonment $1.5 million A "$1.5 M trust fraud - an “economic predator” with many victims - but this was a first offence and there was a guilty plea - Judge Stephenson suggested that 3 years was the starting point for trust fraud (this has been reconsidered by our Court of Appeal however as noted in Johnson) - the 7 yrs sentence imposed by the trial judge was upheld on appeal"
R v Campbell,
[2005] OJ No 4696 (OCJ)(*no CanLII links)
ON PC 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 PT,
2005 BCPC 55 (CanLII), per Warren J
BC PC 3 years imprisonment $3 million The offender was a 60-year-old bank manager who stole millions over a 10 year period. Only $100,000 was recovered. Court of Appeal upheld the sentence.
R v Slobogian
2005 BCSC 434 (CanLII), per Fraser J
BC SC 6 years imprisonment one of biggest frauds in history of BC
R v Fortier,
2004 BCPC 189 (CanLII), per Phillips J
BC PC 2.5 years imprisonment $1 million (approx) defraud investors -- offender was under direction of manager to defraud
R v D'Andrea,
2004 CanLII 13522 (ON CA), per curiam
ON CA 2 years less $2 million
R v Clarke, 2004 CanLII 7246 (ON CA), per curiam ON CA 3.5 years imprisonment $20 million (but no actual loss) The offender was a bank employee who made a series of redemptions from client mutual funds. The sentencing judge ordered a 2 years less a day conditional sentence. Court of appeal ordered only 1 additional year after giving credit for time already served.
R v Black,
2003 NSSC 99 (CanLII), per Murphy J
NS SC 2 years imprisonment $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 sentencing
R v Khan,
2002 BCCA 703 (CanLII), per Esson JA
BC CA 2 years less a day to 3 years $2.2 million Two offenders were convicted of fraud. "...the accused Khan planned and carried out a large scale fraud over a period of 14 months. This crime had a serious effect on his employer and a number of investors. A co-accused of Khan who had somewhat less involvement in the scheme was sentenced to two years less a day. The appellant Khan was sentenced to three years imprisonment. Both individuals appealed. The co-accused argued that he should have been given a conditional sentence. Khan argued his sentence should not be different from his co-accused. Both appeals were dismissed. The Court said that the differential in sentence was justified because Khan was more deeply involved in the fraud than was his co-accused. It was found the sentence imposed on Khan was fit." [11]
R v Dobis,
2002 CanLII 32815 (ON CA), per MacPherson JA
ON CA 3 years $2.2 million The offender pleaded guilty defrauding his employer over 3.5 years. He was an account manager. He had no record and had limited job prospects. The sentencing judge gave him a conditional sentence. Court of appeal considered 3 years a "minimum" sentence. "The accused, an accounting manager, defrauded the company for which he worked of $1.9 million. Although he had no criminal record, the Court of Appeal for Ontario overturned a sentence of two years less a day to be served in the community that had been imposed at trial, ordering instead a custodial sentence of three years in a penitentiary because the case involved fraud of considerable magnitude committed by a person in a position of trust." [12]
R v Loewen,
[2002] M.J. No. 298 (Man. P.C.), 2002 CanLII 37336 (MB PC), per Wyant J
MB PC 2 years less a day CSO 1.5 million "Mr. Loewen entered a plea of guilty to one count of fraud. He ... [was] carrying out a short-lived and not highly sophisticated cheque-kiting scheme that netted him $1.5 million."
R v Massoudinia,
[2002] OJ No 5504 (S.C.J.)(*no CanLII links)
ON $2 million offender defrauded approximately 1400 people by seeking fees for a fake modeling agency. Guilty plea, remorseful, attempted restitution
R v Tulloch,
[2002] OJ No 5446 (Ont. S.C.J.)(*no CanLII links)
ON SC 2 years less a days CSO $6.2 million "Mr. Tulloch entered a plea of guilty to a charge of conspiracy to defraud. He received a conditional sentence of two years less a day for claiming GST refunds of $6.2 million over an eight-month period by filing false equipment purchase invoices."
R v Damji,
[2002] OJ No 4949(*no CanLII links)
ON 7 years $40 million
R v Koval,
[2001] OJ 1205(*no CanLII links)
ON 7 years imprisonment $95 million There were $75 million in actual losses. The money was used to fund a lavish lifestyle.
R v Wheeler,
[2001] N.J. No. 240 (S.C.–T.D.), 2001 CanLII 37646 (NL SC), per Dymond J/ http://canlii.ca/t/2f11j 2001 CanLII 37651] (NL SC), per Dymond J
NL SC 4.5 years imprisonment $3 million offender ran investment scheme promising huge returns--100s 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.), per Laskin JA
ON CA 5 years imprisonment $1 million + offender was a telemarketer who convinced a 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 record.
R v Bjellebo,
[2000] OJ No 478 (Gen. Div.); [2003] OJ No 3946 (C.A.), 2003 CanLII 26907 (ON CA), per Sharpe JA
ON CA 10 years imprisonment $118 million + Offender set up a yacht chartering company making many misrepresentations. The fraud involved a breach of trust against the government. There were $22 million in actual losses. "This was a huge fraud, one of the largest tax frauds ever in Canada. The government may have lost up to $118 million. Over 600 private investors lost $22 million. The fraud was perpetrated over seven years. This accused was sentenced to ten years’ imprisonment plus a $1 million fine which, if unpaid, would default to an additional two years (consecutive)." [13]
R v Cantin,
[2000] No 3630, 2000 CanLII 17638 (QC CQ), per Auger J, 2000 CanLII 5795 (QC CQ), per Auger J
6 years imprisonment $100 million The offence occurred over 4 years. A restitution order for $1 million was made.
R v Gaudet ,
1998 CanLII 5017 (ON CA), per curiam
5 to 8 years $50 million looted major brokerage firm
R v Berenbaum,
[1997] OJ No 5468(*no CanLII links)
ON $1.8 million 3 accountants defrauded firm. Plead guilty and were fully cooperative with forensic audit. Made virtually full restitution.
R v Savard,
1996 CanLII 5703 (QC CA), per curiam
QC CA 18 mo & $200,000 fine $1,435,000 defraud creditors
R v Gray,
1995 CanLII 18 (ON CA), per Carthy JA
ON CA 2.5 years and 2 years less a day incarceration $5.8 million government loan to perform research
R v. McLaren,
1995 CanLII 6032 (SK QB), [1995] S.J. No. 565 (Q.B. Sask.), per Grotsky J
SK SC 3.5 years imprisonment $1 million + The offender was convicted of fraud, breach of trust and theft. "This member of the provincial legislative assembly committed offences involving over $1 million. Although he pleaded guilty, expressed remorse, was suffering from health problems, and had no criminal record, these offences were clearly planned and carried out over a long period of time, and the sentence is necessary to maintain public confidence in the administration of justice." [14]
R v Alidina,
[1995] OJ No 2319 (Ont. Prov. Div.)(*no CanLII links)
ON PC 15 months $14 million "Ms. Alidina entered a plea of guilty to a charge of defrauding her bank employer. Over a period of five years, she diverted $14 million of funds from clients’ accounts. Defence counsel conceded that, all things being equal, the proper range of sentence would be between three and five years. For compassionate reasons, a sentence of 15 months was imposed."
R v Bertram,
(1990) OJ No 2013 (Ont. C.A.)(*no CanLII links)
ON CA $4.5 million mostly recovered
R v Carter,
[1990] OJ 3140(*no CanLII links)
ON 7 years imprisonment $25 million Of total amount, $6 million became personal profits of the offender.

Between 500k and 1 million

Case Name Pr Ct Sentence Amount Summary
Evanson,
2019 ABCA 122 (CanLII)
AB CA 2 years less a day incarceration $500k
R v Piccinini,
2015 ONCA 446 (CanLII), per curiam
ON CA 6 years imprisonment $900,000 This case "involved an extensive fraudulent scheme in which phone calls were placed to elderly Americans who were deceived into forwarding funds to assist grandchildren they were told had been arrested. The scheme netted $900,000. Mr. Piccinini was the leader of the group carrying out the scam. He was sentenced to six years imprisonment. He had strong family support, had expressed remorse and had entered a guilty plea. Mr. Pavao’s fraud was larger and he does not have the mitigating effect of a guilty plea." [15]
R v Wellman, 2014 QCCA 524 (CanLII), per curiam QC CA 30 months $890,000 The offender pleaded guilty to fraud, forgery, and uttering forged documents. "Over a period of three years, while he was treasurer for his union, the accused defrauded the union of a total of $890,000. The accused was addicted to gambling and had reimbursed a total of $386,000. Despite his guilty plea, the therapy he had begun, his lack of a criminal record, and his lowered risk of reoffending, the Court considered the nature and extent of the fraud, the principle of abuse of a position of trust, the degree of premeditation, and the fact that the accused personally benefited from the fraud."[16]
R v St-Martin, 2013 QCCQ 6422 (CanLII), per Chapdelaine J QC PC 15 months and probation $809,975 "The Court imposed a fifteen-month sentence of imprisonment followed by two years of probation on an accused who had embezzled $809,975 from his employer by granting fictional loans to fictional clients. The evidence shows that the accused personally benefited from $402,247, using $104,428 thereof for personal purposes. He pleaded guilty, had no criminal record, and expressed regret and shame. The victim recovered $344,000 through civil suits. The judge found that the duration and extent of the fraud, the complex scheme, the abuse of a position of trust, and the accused’s personal gain were all aggravating factors." [17]
R v Sauriol,
2012 QCCQ 7766 (CanLII), per Landry J
QC PC 2 years less a day CSO $541,090 "The accused pleaded guilty to eleven counts of fraud, committed when he was working as a financial planner with the Great-West insurance company. He thereby obtained $541,090 over a period of three years. The accused was 57 years old and lost everything following his conviction. The Court took into account his lack of criminal record, guilty plea, cooperation with the investigation, health problems, and his expressed remorse, and imposed a conditional sentence of two years less one day to be served in the community, followed by three years’ probation." [18]
R v Abedi,
[2012] OJ No 4029 (CJ), 2012 ONCJ 540 (CanLII), per Borenstein J
ON PC The offender played a small part in a conspiracy to commit fraud of over $14 million. "The accused’s conduct resulted in a loss of approximately $850,000.00 of which he had personally received $50,000.00 for his involvement."[19]
R v Kioussis,
2011 ONCJ 823 (CanLII), per Rutherford J
ON PC 2 years less a day CSO $607k The offender pleaded guilty to fraud. She was a law clerk and office manager for a real estate law firm. She was 64 years old at the time. She had been dealing with anxiety, depression, and stress arising out of ill husband and elderly mother. She paid back the entire amount with interest in restitution before sentencing. The judge also order 100 hours community service and 18 months probation.
R v McConnell,
2011 ONCJ 476 (CanLII), per Schnall J
ON PC 3 years imprisonment $836,739.56 The offender was a teacher who defrauded school board while employed there over 10 years. He had taken from the Athletic fund. He was in breach of trust. There was some sign of a gambling addiction but nothing significantly mitigating. He was not likely to re-offend.
R v Dube,
2011 ABQB 410 (CanLII), per Eidsvik J
AB SC 6 years imprisonment $500k The offender and accomplices convinced several people to invest money in several clinics that he claimed to own--prior record for related offences. The offender "posed as a doctor to defraud another doctor by inducing the victim to invest $500,000 into a corporation which purportedly owned numerous medical clinics, but in fact did not own any. Some aggravating factors (such as an extensive and related record) were present which are not factors herein. The court accepted the principle objectives in this sentencing were denunciation and deterrence. The high degree of responsibility was considered. A breach of trust was involved, the scheme was elaborate and carefully orchestrated, and there was a pattern of repetitive fraudulent behaviour. There were few mitigating factors. The Crown suggested a five‑ to ten‑year range, while the defence argued that a conditional sentence order or jail for two to three years was appropriate. Justice Eidsvik reviewed the authorities and determined the appropriate sentence was six years in a federal penitentiary." [20]
R v Slobbe,
2011 BCCA 107 (CanLII), per Levine JA
BC CA 8 years (global)
2 years (fraud #1)
6 years (fraud #2)
712,282.78 The offender was an employee of a small business and used her position to steal over $700k. She pled guilty to 11 counts of fraud. She had a prior related record.
R v Lamoureux,
2011 ONSC 5497 (CanLII), per Pelletier J
ON SC 18 mo CSO $700k
R v BL,
2011 QCCQ 783 (CanLII), per Beaulieu J
QC 2 years less a day and probation $630,000 "The accused pleaded guilty to defrauding her employer of $630,000 when she worked as an administrative assistant. The fraud took place between 2002 and 2006. Although she had no criminal record and the risk of reoffending was low, the Court considered her abuse of a position of trust in relation to her employer, which required planning and premeditation, to be a very aggravating factor." [21]
R v Tickell,
2010 BCCA 303 (CanLII), per Kirkpatrick JA
BC CA 6 years $900K+ The offender pleaded guilty to fraud, breach of trust, and forgery. He was employed by the BC Public Guardian and Trustee office. He posed as an employer and posted fictitious ads online. He used the resumes to get a job with the Trustee and forged a reference letter. He used his position to transfer almost a million dollars from an elderly person deemed unable to manage her assets to himself. He did this a second time for another infirm individual, which involved forging documents.
R v Chernoff,
2009 BCPC 38 (CanLII), per Pothecary J
BC PC 4 years $981,979.38 The offender pleaded guilty to fraud against his employer. He was employed as an accounts clerk. Over several years he misappropriated funds.
R v Kabiawu,
2009 CanLII 18289 (ON SC), per Harvison-Young J
ON SC 9 months CSO $500,000 public fraud; pharmacy
R v Keatley,
[2009] BCJ No 1591 (PC), 2009 BCPC 249 (CanLII), per Hicks J
BC PC CSO $500,000 approx.
R v Bassett,
2009 BCPC 111 (CanLII), per Ellan J
BC PC 2 years $670k A broker defrauded his friends and colleagues.
R v Datsko,
2009 BCPC 106 (CanLII), per Howard J
BC PC 3 years $720k The offender was a yacht club controller who stole $720,000 over 16 months.
R v Kelly,
2008 CanLII 12707 (ON SC), per Spies J
ON SC 3 years imprisonment $700k The offender was convicted at trial of fraud and uttering forged documents. He was a company president and shareholder. He misappropriated funds by forging cheques to pay for personal expenses. He was 65 years old and not remorseful.
R v Coulson,
2008 ABPC 144 (CanLII), per Allen J
AB PC 2 years less a day CSO $600k fraud over x10, offender ran an auto shop, sold customers vehicles, position of trust
R v Jaikaran,
2007 ABCA 98 (CanLII), per Fraser JA
AB CA 2 years imprisonment $633,000 The offender was a bank manager and defrauded his employer. The offence was a breach of trust. The sentencing judge ordered a 2 year less a day conditional sentence. The offender paid back full restitution.
R v Stymiest,
2006 NBQB 129 (CanLII), per McNally J
NB SC 5 years (Judge) $900,000 The accused were a provincial court judge, a hospital CEO, and a hospital VP of Finance defrauded the hospital
R v Leis,
2004 SKQB 463 (CanLII), per Ball J
SK SC 8 month CSO $592,000
R v Wilson,
2003 CanLII 48181 (ON CA), per curiam
ON CA 18 months $900,000 "The accused, a physician, defrauded the hospital where he worked for a total amount of $900,000. He had paid $150,000 in restitution. In light of the minimal restitution paid and the excessive importance given to the guilty plea, the Court of Appeal for Ontario found that the sentence was not proportional to the gravity of the crime and that the case involved a high degree of responsibility and flagrant abuse of a position of trust."[22] The Court of Appeal rejected the 2 year CSO ordered by the sentencing judge.
R v Blackler,
2004 CarswellNfld 439 (Prov.Ct.), aff’d 2006 NLCA 48 (CanLII), per Wells CJ
NL CA 2 years less a day CSO $850k
R v Seabrook,
2003 BCCA 427 (CanLII), per Oppal JA
BC CA 2.5 years imprisonment $679,000 "The Court of Appeal for British Columbia upheld a sentence of two and a half years for fraud in the amount of $679,000. The accused, who held shares in a real estate company, defrauded elderly people. The Court noted the high degree of planning and the significant impact of the crime on the victims and imposed this sentence despite the accused’s lack of a criminal record." [23]
R v Bogart,
2002 CanLII 41073 (ON C.A.), per Laskin JA
ON CA 18 months custody $900k The offender was a doctor who filed fraudulent OHIP charges over 7 years. He pled guilty and had no record. HE was 45 years old. He repaied $200k. He had a noble story of having survived cancer despite leg amputation and succeeded in med school. The sentencing judge had ordered 2 years less a day conditional sentence. The 18 months ordered by the Court of Appeal was after taking credit for 13.5 months served on his conditional sentence. Court suggests range starting at 4 years.
R v Schneider,
2002 166 BCCA 206 (CanLII), per Smith JA
BC CA 30 months $679,919 "The Court of Appeal for British Columbia upheld a thirty-month custodial sentence and a restitution order for a real estate promoter charged with fraud in the amount of $679,919 for misappropriating funds that were intended to finance a construction project. The Court also noted that it was a case of abuse of the public trust." [24]
R v Howe,
2002 ABCA 277 (CanLII), per Hunt JA
AB CA 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), per Collver J
BC SC 18 months $720k convicted of fraud and uttering forged documents -- 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
R v Shah,
1994 CarswellBC 1033, [1994] BCJ No. 2261, 94 CCC (3d) 45, 1994 CanLII 1290 (BC CA), per Finch JA
BC CA 8 years $635k Accused was a pharmacist who forged claims to get drugs.