Theft and Fraud (Sentencing Cases): Difference between revisions

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[[fr:Vol et fraude (jurisprudence des peines)]]
{{Currency2|January|2024}}
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{{HeaderSentCases}}
{{HeaderSentCases}}
{{OffencesBoxMini|Theft}}
{{OffencesBoxMini|Fraud}}
{{OffencesBoxMini|Fraud}}
==Fraud under $5,000==
==Offence Wording==
<div class="mw-collapsible mw-collapsed">


{{SCaseHeaderFraud}}
{{quotation2|
; Punishment for theft
334 Except where otherwise provided by law, every one who commits theft
:(a) if the property stolen is a testamentary instrument or the value of what is stolen is more than $5,000, is guilty of
::(i) an indictable offence and liable to imprisonment for a term of not more than 10 years, or
::(ii) an offence punishable on summary conviction; or
:(b) if the value of what is stolen is not more than $5,000, is guilty
::(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
::(ii) of an offence punishable on summary conviction.


{{SCaseFraud|R v Song, <Br> [http://canlii.ca/t/gx66j 2017 ABPC 13] (CanLII) | AB| PC| | 6 months CSO | $5,000 approx | The offender pleaded guilty to fraud under $5,000 in relation to 16 instances of making fraudulent refunds while working at Hudson's Bay department store.}}
R.S., {{LegHistory80s|1985, c. C-46}}, s. 334;
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 43;
{{LegHistory90s|1994, c. 44}}, s. 20;
{{LegHistory10s|2019, c. 25}}, s. 122.
|{{CCCSec2|334}}
|{{NoteUp|334}}
}}


{{SCaseFraud|R v Zentner,<br> [http://canlii.ca/t/fr16n 2012 ABPC 94] (CanLII) | AB|PC| discharge | $4,999 | offender was a funeral director who was selling cremation containers and caskets but cut corners by using a different product from what was sold}}
{{quotation2|
; Fraud
380 (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,
:(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or
:(b) is guilty
::(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
::(ii) of an offence punishable on summary conviction,<br>


{{SCaseFraud|R v Hynes,<br> [http://canlii.ca/t/fqjvh 2012 CanLII 11926] (NL PC), [2012] NJ 422 (NLPC)|NL|PC | discharge | | fraud x 2, cashed cheques stolen by boyfriend}}
where the value of the subject-matter of the offence does not exceed five thousand dollars.
<br>
; Minimum punishment
(1.1) When a person is prosecuted on indictment and convicted of one or more offences referred to in subsection (1) {{AnnSec3|380(1)A}}, the court that imposes the sentence shall impose a minimum punishment of imprisonment for a term of two years if the total value of the subject-matter of the offences exceeds one million dollars.
<br>
; Affecting public market
(2) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, with intent to defraud, affects the public market price of stocks, shares, merchandise or anything that is offered for sale to the public is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.


{{SCaseFraud|R v Bent,<br> [http://canlii.ca/t/1vgv9 2007 NSPC 63] (CanLII) |NS|PC| 9 month CSO | | Offender defrauded employer over many months. Breached trust. Had help of a 3rd party. No prior record. Restitution Order. }}
R.S., {{LegHistory80s|1985, c. C-46}}, s. 380;
{{LegHistory80s|R.S., 1985, c. C-46}}, s. 380;
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 54;
{{LegHistory90s|1994, c. 44}}, s. 25;
{{LegHistory90s|1997, c. 18}}, s. 26;
{{LegHistory00s|2004, c. 3}}, s. 2;
{{LegHistory10s|2011, c. 6}}, s. 2.
{{Annotation}}
|{{CCCSec2|380}}
|{{NoteUp|380|1|1.1|2}}
}}
</div>


{{SCaseFraud|R v Gordon,<br> [http://canlii.ca/t/1h4s5 2004 BCCA 294] (CanLII)|BC|CA | 20 mo | |}}
==Theft and Fraud Not Exceeding $5,000==
 
* [[Theft and Fraud Not Exceeding $5,000 (Sentencing Cases)]]
{{SCaseFraud|R v McSween<br> (2002), [http://canlii.ca/t/5g1c 2002 NSSC 225] (CanLII), 208 N.S.R.(2d) 377 |NS|SC| discharge | |fraud under $5,000--appealed S/S--Offender pretended to be pharmacist to get drugs--history of drug use-- no record-- JR rejected by judge}}
 
{{SCaseFraud|R v Johnson<br> (1996), 147 N.S.R.(2d) 105 (S.C.) |NS|SC| 1 month | $4000| offender was admissions officer at correctional facility; handled payment of fines; on 9 occasions over 6 years stole $4000;  offender age 45, no record, breach of public trust}}
 
{{SCaseFraud|R v Munroe<br>(1991), 101 N.S.R.(2d) 360 (C.A.) |NS|CA| 14 days | $3998| age 18, over several months defrauded employer of $3998}}
 
{{SCaseFraud|R v Brink,<br> 1983 CarswellBC 1623, [1983] B.C.W.L.D. 2275, [1983] BCJ No. 364 | BC | | discharge | |Offender was a paramedic who stole drugs to feed a narcotics addiction.}}
 
{{SCaseEnd}}


==Fraud over $5,000==
==Fraud over $5,000==
===1 million or more===
* [[Theft and Fraud Over $1,000,000 (Sentencing Cases)]]
{{SCaseHeaderFraud}}
* [[Theft and Fraud Between $100k and $1,000k (Sentencing Cases)]]
* [[Theft and Fraud Between $5k and $100k (Sentencing Cases)]]


{{SCaseFraud|R v Colpitts, [http://canlii.ca/t/ht4vz 2018 NSSC 180] (CanLII) | NS |SC| 5 years (Potter)<Br>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. [per Coady J]}}
==Services Fraud==
* [[Fraud on the Government (Sentencing Cases)]]


{{SCaseFraud| R v Pastore, <br> [http://canlii.ca/t/h471g 2017 ONCA 487] (CanLII) | ON |CA | 15 months | $1 million loan, $409,000 in losses| }}


{{SCaseFraud|R v Dhanaswar, <br> [http://canlii.ca/t/gnj49 2016 ONCA 172] (CanLII)|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. }}
<!--
==Unpublished==


{{SCaseFraud|R v McGill,<Br> [http://canlii.ca/t/gndr1 2016 ONCA 139] (CanLII) | ON|CA|4 years |$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.}}
===Nova Scotia===
* ''R v Pincock'', [https://www.thechronicleherald.ca/news/local/lower-sackville-solar-panel-fraudster-gets-weekends-in-jail-probation-256838/]
** November 5, 2018
** $34,524
** {{JailD|90}}, {{ProbationY|2}}


{{SCaseFraud|R v Vinski, <br> [http://canlii.ca/t/g6r5w 2014 ONSC 2332] (CanLII) |ON|SC| 4.5 years| $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 Procenko'', [https://www.cbc.ca/news/canada/nova-scotia/iris-doreen-procenko-fraud-property-owner-halifax-two-years-prison-1.4726982]
** June 28, 2018
** ~$250,000
** {{JailY|2}}


{{SCaseFraud|R v Bailey, <br> [http://canlii.ca/t/gdwn1 2014 ABPC 223] (CanLII) | AB| PC | 9 years | $30-40 million | }}
* [https://www.trurodaily.com/news/local/federal-prison-term-for-stewiacke-woman-who-defrauded-employer-of-almost-200000-185835/]
** Feb 13, 2018
** {{JailY|2}}


{{SCaseFraud|R v Fast,<br>[http://canlii.ca/t/g73c3 2014 SKQB 161] (CanLII) and 2015 SKCA 56 (CanLII) |SK|CA| 7 years | $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.}}
===Newfoundland===
* R v [https://www.cbc.ca/news/canada/newfoundland-labrador/hickman-equipment-sentencing-1.4840434]
** {{CSOY|1}}
** $110 million


{{SCaseFraud|R v Fung, [http://canlii.ca/t/gdqlz 2014 ONCJ 492] (CanLII) | 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. }}
==Legend==
 
{{SLegend}}
{{SCaseFraud|R v Abedi, [http://canlii.ca/t/fshl3 2012 ONCJ 540] (CanLII) | 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.  }}
 
{{SCaseFraud|R v Oneil, <br>[http://canlii.ca/t/fxqt3 2013 ABCA 192] (CanLII) |AB|CA| 5 years | $3.6 million | defrauded over 40,000+ tourists of their tax rebates over 7 years.}}
 
{{SCaseFraud|R v Seremet,<br> [http://canlii.ca/t/fxg3c 2013 ABQB 291] (CanLII)|AB|SC| 4 years | $3.6 million| Over $3 million recovered. Offender was involved in an "oklahoma flip" scheme of artificially inflating house value.}}
 
{{SCaseFraud|R v Link,<br>[http://canlii.ca/t/fxdh5 2013 SKQB 163] (CanLII)| SK|SC| 5.5 years | $1.7 million | Occurred over 6 years.}}
 
{{SCaseFraud|R v Paterson,<br> [http://canlii.ca/t/fvpqm 2013 BCPC 5] (CanLII) | BC|PC | 6 years | $300 million | }}
 
{{SCaseFraud|R v Steinhubl, 2013 ABCA 39 (CanLII) | AB| CA| | | }}
 
{{SCaseFraud|R v Kilba,<br>[http://canlii.ca/t/ftz36 2012 ABPC 302] (CanLII)|AB|PC|30 months |$1.47 million | fraudulent mortgages }}
 
{{SCaseFraud|R v Khatchatourou and Rezik,<br>[http://canlii.ca/t/frq8k 2012 ONSC 3511] (CanLII) |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 [http://canlii.ca/t/g7g1h 2014 ONCA 464] (CanLII). }}
 
{{SCaseFraud|R v Mazzucco,<br>[http://canlii.ca/t/frlmp 2012 ONCJ 333] | ON| PC| 6 years | $4.9 million | _ }}
 
{{SCaseFraud|R v Cunsolo,<br>[http://canlii.ca/t/fpl48 2012 ONSC 114] (CanLII) |ON|SC| 18 months | $3.8 million+| mortgage fraud; restitution of 250k ordered}}
 
{{SCaseFraud|R v Johnson,<br>[http://canlii.ca/t/2ct1p 2010 ABQB 546] (CanLII)|AB|SC| 13 years | $2.4 million | ponzi scheme involved 50 investors}}
 
{{SCaseFraud|R v Thow,<br> [http://canlii.ca/t/2fjf0 2010 BCCA 538] (CanLII) | 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.}}
 
{{SCaseFraud|R v Chamczuk, <Br>2010 ABCA 380 (CanLII) | AB|CA| | | }}
 
{{SCaseFraud|R v Jones,<br> [http://canlii.ca/t/282tq 2010 QCCQ 851] (CanLII) |QC|PC|11 years | $50 million| Offence occurred over 27 years.}}
 
{{SCaseFraud|R v Georgakopoulos,<br>[http://canlii.ca/t/221lh 2009 CanLII 43] (ON SC) | ON |SC| 2 years less a day CSO | $1.6 million | }}
 
{{SCaseFraud|R v Lacroix,<br> [2009] Q.J. No. 10890 |QC| | 13 years| $95 million | The offence occurred over a period of 3 years.  There were about 9200 investors who were defrauded.}}
 
{{SCaseFraud|R v Drabinsky,<br>[http://canlii.ca/t/250b6 2009 CanLII 41220] (ON SC)|ON|SC| 4 and 7 years | $100 million+ (est)| }}
 
{{SCaseFraud|R v DiGiuseppe,<br> [http://canlii.ca/t/1w7sv 2008 ONCJ 127] (CanLII)|ON|PC | 6 years| $3.8 million| }}
 
{{SCaseFraud|R v Ellis,<br> [http://canlii.ca/t/1vftz 2008 ABQB 40] (CanLII)|AB|SC | 5 years | $2 million (approx) | }}
 
{{SCaseFraud|R v Taylor<br> [http://canlii.ca/t/1x1h8 2008 BCPC 120] (CanLII)|BC|PC |42 months (JR)|  3.2 million (approx) | }}
 
{{SCaseFraud|R v Penney<br> [http://canlii.ca/t/21svj 2008 ABPC 339] (CanLII) |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)." }}
 
{{SCaseFraud|R v McCarthy<br> [http://canlii.ca/t/22194 2008 CanLII 68887] (ON SC) | ON|SC| 2 years less a day CSO | $3 million | }}
 
{{SCaseFraud|R v Allan<br> [http://canlii.ca/t/1zjp2 2008 CanLII 35699] (ON SC) |ON|SC| 3 years |$1.2 million | }}
 
{{SCaseFraud|R v Wilson<br> [http://canlii.ca/t/23rf2 2008 NSPC 68] (CanLII)|NS|PC | 26 months | 1.8 million | }}
 
{{SCaseFraud|R v Minnie and Shaw<br>[http://canlii.ca/t/1r09s 2007 BCSC 433] (CanLII) | BC|SC| 5 years and 2 years less a day CSO | $1.8 million | several victims}}
 
{{SCaseFraud|R v Ablacksingh<br> [http://canlii.ca/t/1q99v 2007 CanLII 688] (CanLII) |ON|SC | 4 years | $8 million | }}
 
{{SCaseFraud|R v Leefe<br> [2007] O.J. No. 3461 |ON|SC| 18 months CSO + fine (JR) | $7 million |
Offender was operator of telemarketing company, had 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.}}
 
{{SCaseFraud|R v Coffin,<Br> 2006 QCCA 471 (CanLII) |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."[https://www.canlii.org/en/qc/qccq/doc/2015/2015qccq8910/2015qccq8910.html]}}
 
{{SCaseFraud|R v <br> Heiligsetzer, 2006 ABCA 2 (CanLII)| AB | CA| 7 years | $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" }}
 
{{SCaseFraud|R v Campbell,<br> [2005] O.J. No. 4696 (OCJ) |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.}}
 
{{SCaseFraud|R v PT,<br>[http://canlii.ca/t/1jtvw 2005 BCPC 55] (CanLII) |BC|PC | 3 years | $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. }}
 
{{SCaseFraud|R v Slobogian<br> [http://canlii.ca/t/1k158 2005 BCSC 434] (CanLII) |BC|SC | 6 years | | one of biggest frauds in history of BC}}
 
{{SCaseFraud|R v Fortier,<br> [http://canlii.ca/t/1hm7l 2004 BCPC 189] (CanLII)|BC|PC | 2.5 years | $1 million (approx) | defraud investors -- offender was under direction of manager to defraud}}
 
{{SCaseFraud|R v D'Andrea,<br>[http://canlii.ca/t/1h7ng 2004 CanLII 13522] (ON CA) |ON|CA| 2 years less |$2 million | }}
 
{{SCaseFraud|R v Clarke, [http://canlii.ca/t/1hp4j 2004 CanLII 7246] (ON CA) | ON | CA| 3.5 years |$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.}}
 
{{SCaseFraud|R v Black,<br>[http://canlii.ca/t/58sh 2003 NSSC 99] (CanLII) |NS|SC | 2 years | $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}}
 
{{SCaseFraud|R v Khan,<br>[http://canlii.ca/t/5f5w 2002 BCCA 703] (CanLII) |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." [https://www.canlii.org/en/yk/ykca/doc/2004/2004ykca4/2004ykca4.html]}}
 
{{SCaseFraud|R v Dobis,<br> [http://canlii.ca/t/1dqkj 2002 CanLII 32815] (ON CA)
|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. }}
 
{{SCaseFraud|R v Massoudinia,<br>[2002] O.J. No. 5504 (S.C.J.)| ON | | | $2 million | offender defrauded approximately 1400 people by seeking fees for a fake modeling agency. Guilty plea, remorseful, attempted restitution}}
 
{{SCaseFraud|R v Damji,<br>  [2002] O.J. No. 4949 | ON| |  7 years | | $40 million | The actual loss was $69 million. }}
 
{{SCaseFraud|R v Koval,<br> [2001] OJ 1205 | ON | | 7 years | $95 million| There were $75 million in actual losses. The money was used to fund a lavish lifestyle. }}
 
{{SCaseFraud|R v Wheeler,<br> [2001] N.J. No. 240 (S.C.–T.D.)| NL|SC| 4.5 years | $3 million | offender ran investment scheme promising huge returns--100s of victims--offender had three children, no record--lost business as a result}}
 
{{SCaseFraud|R v Nichols,<br> [http://canlii.ca/t/1ffww 2001 CanLII 5680], 46 C.R. (5th) 294 (Ont. C.A.) |ON|CA| 5 years |  $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.}}
 
{{SCaseFraud|R v Bjellebo,<br> [2000] O.J. No. 478 (Gen. Div.); [2003] O.J. No. 3946 (C.A.)|ON|CA| 10 years | $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.}}
 
{{SCaseFraud|R v Cantin, <Br> [2000] No 3630 | | | 6 years | $100 million | The offence occurred over 4 years. A restitution order for $1 million was made. }}
 
 
{{SCaseFraud|R v Gaudet ,<br>1998 | | |5 to 8 years  | $50 million | looted major brokerage firm}}
 
{{SCaseFraud|R v Berenbaum,<br> [1997] O.J. No. 5468 |ON| | | $1.8 million |3 accountants defrauded firm. Plead guilty and were fully cooperative with forensic audit. Made virtually full restitution.}}
 
{{SCaseFraud|R v Savard,<br> 1996 QueCA |QC|CA| 18 mo & $200,000 fine  | $1,435,000 | defraud creditors }}
 
{{SCaseFraud|R v Gray,<br> 1995 Ont.CA. | ON|CA|2.5 years and 2 years less a day | $5.8 million | government loan to perform research}}
 
{{SCaseFraud|R v Bertram,<br> (1990) O.J. No. 2013 (Ont. C.A.)|ON|CA | $4.5 million | mostly recovered}}
 
{{SCaseFraud|R v Carter,<br> [1990] OJ 3140| ON |  7 years | $25 million | Of total amount, $6 million became personal profits of the offender.}}
 
{{SCaseEnd}}
 
===Between 500k and 1 million===
{{SCaseHeaderFraud}}
 
{{SCaseFraud|R v St-Martin, 2013 QCCQ 6422 (CanLII) | QC | | 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." [https://www.canlii.org/en/qc/qccq/doc/2015/2015qccq8910/2015qccq8910.html]}}
 
{{SCaseFraud|R v Abedi,<br> [2012] OJ No 4029 (CJ){{NOCANLII}} | 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."[https://www.canlii.org/en/on/onsc/doc/2018/2018onsc3939/2018onsc3939.html]  }}
 
{{SCaseFraud|R v Kioussis, <br>[http://canlii.ca/t/fppht 2011 ONCJ 823] (CanLII) |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.}}
 
{{SCaseFraud|R v McConnell,<Br>[http://canlii.ca/t/fn7dc 2011 ONCJ 476] (CanLII) | ON|PC| 3 years |$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. }}
 
{{SCaseFraud|R v Dube,<Br>[http://canlii.ca/t/fmhnc 2011 ABQB 410] (CanLII) |AB|SC| 6 years | $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." [https://www.canlii.org/en/sk/skqb/doc/2014/2014skqb161/2014skqb161.html]}}
 
{{SCaseFraud|R v Slobbe,<br> [http://canlii.ca/t/fkg4n 2011 BCCA 107] (CanLII) | BC |CA |  8 years (global)<br>2 years (fraud #1)<Br> 6 years (fraud #2) | 712,282.78 | }}
 
{{SCaseFraud|R v Lamoureux,<Br> [http://canlii.ca/t/fn7dv 2011 ONSC 5497] (CanLII)|ON|SC| 18 mo CSO | $700k | }}
 
{{SCaseFraud|R v BL,<br> 2011 QCCQ 783 (CanLII) | 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." [https://www.canlii.org/en/qc/qccq/doc/2015/2015qccq8910/2015qccq8910.html]}}
 
{{SCaseFraud|R v Tickell,<Br> [http://canlii.ca/t/2b5c5 2010 BCCA 303] (CanLII)|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. }}
 
{{SCaseFraud|R v Chernoff,<Br> [http://canlii.ca/t/22z84 2009 BCPC 38] (CanLII) | 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.}}
 
{{SCaseFraud|R v Kabiawu,<Br> [http://canlii.ca/t/2377r 2009 CanLII 18289] (ON SC)|ON|SC | 9 months CSO |$500,000 | public fraud; pharmacy}}
 
{{SCaseFraud|R v Keatley,<Br> [2009] BCJ No 1591 (PC) | BC|PC| CSO |$500,000 approx. | }}
 
{{SCaseFraud|R v Bassett,<Br> [http://canlii.ca/t/236rf 2009 BCPC 111] (CanLII) |BC|PC| 2 years  | $670k | A broker defrauded his friends and colleagues. }}
 
{{SCaseFraud|R v Datsko,<Br> [http://canlii.ca/t/2381g 2009 BCPC 106] (CanLII)|BC|PC | 3 years  | $720k| The offender was a yacht club controller who stole $720,000 over 16 months.  }}
 
{{SCaseFraud|R v Kelly, <br> [http://canlii.ca/t/1w7t7 2008 CanLII 12707] (ON SC) | ON |SC| 3 years | $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. }}
 
{{SCaseFraud|R v Coulson,<Br> [http://canlii.ca/t/1x0kl 2008 ABPC 144] (CanLII) |AB|PC|2 years less a day CSO |$600k  |fraud over x10, offender ran an auto shop, sold customers vehicles, position of trust}}
 
{{SCaseFraud|R v Jaikaran,<br> [http://canlii.ca/t/1qxj7 2007 ABCA 98] (CanLII) | AB |CA| 2 years | $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 payed back full restitution. }}
 
{{SCaseFraud|R v Leis,<Br> [http://canlii.ca/t/1jb2p 2004 SKQB 463] (CanLII)|SK|SC | 8 month CSO | $592,000 | }}
 
{{SCaseFraud|R v Wilson, <Br> 2003 CanLII 48181 (ON CA) | 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."[https://www.canlii.org/en/qc/qccq/doc/2015/2015qccq8910/2015qccq8910.html] The Court of Appeal rejected the 2 year CSO ordered by the sentencing judge.}}
 
{{SCaseFraud|R v Blackler,<Br>2004 CarswellNfld 439 (Prov.Ct.), aff’d 2006 NLCA 48|NL|CA | 2 years less a day CSO | $850k| }}
 
{{SCaseFraud|R v Bogart,<Br> [http://canlii.ca/t/1cqs2 2002 CanLII 41073] (ON C.A.) |ON|CA | 18 months custody |  $900k |The offender was as doctor who filed fraudulent OHIP charges over 7 years. He plead 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.}}
 
{{SCaseFraud|R v Howe,<Br> [http://canlii.ca/t/5fql 2002 ABCA 277] (CanLII)|AB|CA| 2 years less a day CSO | $760k| offender and partner defrauded government by getting tax credits they were not entitled to. }}
 
{{SCaseFraud|R v Sharma,<Br> [http://canlii.ca/t/1f5d1 1997 CanLII 473] (BC SC) |BC|SC| 18 months| $720k |convicted of fraud and uttering forged docuements -- 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}}
 
{{SCaseFraud|R v Shah,<Br>1994 CarswellBC 1033, [1994] BCJ No. 2261, 94 CCC (3d) 45 | BC|CA| 8 years|$635k | Accused was a pharmacist who forged claims to get drugs.  }}
{{SCaseEnd}}
 
===Between 100k and 500k===
 
{{SCaseHeaderFraud}}
 
{{SCaseFraud|R v Kothary, <br> [http://canlii.ca/t/hqpfz 2018 ONCJ 133] (CanLII) | ON | PC| 2 years + probation | $467k | {{SummaryPending}} }}
 
{{SCaseFraud|R v Inshanalli, <br> [http://canlii.ca/t/h342l 2017 ONCJ 234] (CanLII) | ON | PC| 3.5 years| $460k | She had paied about 54k in restitution before sentencing. She had a gambling addiction. He prior criminal record included two convictions for major fraud.}}
 
{{SCaseFraud| R v Walker,<br> [http://canlii.ca/t/gw3zb 2016 ABQB 695] (CanLII) | AB | SC | 3 years | $315,000 | The offender defrauded 5 investors. He was 70 years old at the time of the offence. The victims were not affluent}}
 
{{SCaseFraud| R v Hussein,<Br>[http://CanLII.ca/t/grxq4 2016 CanLII 32833] (ONSC)  |ON |SC| 30 months |400,000 (approx.) | The offender defrauded the bank by cashing a series of cheques.}}
 
{{SCaseFraud|R v Elander, <br> 2015 ABQB 299| AB| SC| 42 months | 400,000+| The offender was convicted after a six-month trial. He assisted in a mortgage fraud scheme where properties were sold to strong buyers who would take out inflated mortgages. The offender used his status as a lawyer to complete the transactions.}}
 
{{SCaseFraud|R v Karigar,<br>[http://canlii.ca/t/g6zz0 2014 ONSC 3093] (CanLII) |ON|SC| 3 years | 460,000 | bribing a public official.}}
 
{{SCaseFraud|R v Fiorilli,<br> [http://canlii.ca/t/g3gp7 2014 ONSC 1117] (CanLII), | ON |SC| 12 months | 267,082 | Defrauded CHMC and RBC in two mortgage transactions. Rejected CSO. Restitution Ordered. No DNA Ordered.}}
 
{{SCaseFraud|R v Bondok, <br>[http://canlii.ca/t/g2s0j 2014 ONSC 394] (CanLII) | ON|SC| 3.5 years x 2 (fraud) | $497k | Offender stole PIN number for ING account of victim, withdrew funds}}
 
{{SCaseFraud|R v Savard, <br> 2014 QCCQ 3153 (CanLII) | QC | |16 months |$135,600 | "The accused, who was in charge of accounting, misappropriated a total of $135,600 over a period of thirty-one months. She pleaded guilty, offered reimbursement, presented a low risk of reoffending, and expressed regret. The Court took into account her prior convictions for theft, the total amount of the fraud and theft, the period over which the illegal acts took place, her abuse of a position of trust and authority, the fact that she also acted out of greed and thirst for profit, and imposed a sixteen-month sentence of imprisonment with a restitution order of $70,000 followed by a two-year probation period." [https://www.canlii.org/en/qc/qccq/doc/2015/2015qccq8910/2015qccq8910.html]}}
 
{{SCaseFraud|R v Hope, <br> [2013] O.J. NO. 1078, (C.J.) | ON |PC |  | $390,000 | }}
 
{{SCaseFraud|R v Garrick <br>[http://canlii.ca/t/fwrt3 2013 ONSC 1798] (CanLII) |ON|SC| 12 months | $261,000 | }}
 
{{SCaseFraud|R v Maskwa<br> [http://canlii.ca/t/fvr3s 2013 SKPC 15] (CanLII) |SK|PC| 2 years less a day CSO | $146,946.61 | theft from employer Avis Rental}}
 
{{SCaseFraud|R v Stevens,<br> [http://canlii.ca/t/fvt9z 2013 ABPC 8] (CanLII) |AB|PC| 2 years | $205k | Offender used his position in his job to make 13 invoices to himself through a consultancy company. CSO rejected.}}
 
{{SCaseFraud|R v Ford,<br>[http://canlii.ca/t/ft00l 2012 NSSC 340] (CanLII) | NS|SC| 12 months | $322,634 | ran a pharmacy on a reserve, made false prescription claims to government--occurred over 18 months--remorseful, was using drugs at time--CSO rejected}}
 
{{SCaseFraud|R v Parkes<br>[http://canlii.ca/t/frzm0 2012 SKQB 257] (CanLII) | SK|SC| 36 months | $179k | offender convicted of defrauding vulnerable senior citizen}}
 
{{SCaseFraud|R v Garrick <br> [http://canlii.ca/t/fr43h 2012 ONSC 2528] (CanLII) | ON|SC| 23 months CSO| $139k | offender convinced three victims to invest money in an IPO}}
 
{{SCaseFraud|R v Hatche<br>[http://canlii.ca/t/fqw9b 2012 SKPC 38] (CanLII)|SK|PC|2 years less a day CSO|$143,452.30| }}
 
{{SCaseFraud|R v Judd<br>[http://canlii.ca/t/fqcn5 2012 BCPC 7] (CanLII)|BC|PC| 2 years | $204,070 | "the offender was a mother of a seven-year-old child and volunteer with a soccer club whose duties included responsibility for the club’s finances. Over a period of five years, she stole over $200,000 from the club by writing cheques payable to herself and her husband or by taking cash. She also fraudulently altered bank statements. In imposing a sentence of two years’ incarceration and a restitution order for the full amount, the court noted the serious breach of trust and the planning and manipulation used to execute the crimes."<Ref>[https://www.canlii.org/en/nl/nlsc/doc/2018/2018nlsc145/2018nlsc145.html]</ref>}}
 
{{SCaseFraud|R v Slattery<br> [http://canlii.ca/t/fq0q7 2012 ONSC 792] (CanLII) |ON|SC| | $77k | found guilty}}
 
{{SCaseFraud|R v Zenari<br> [http://canlii.ca/t/fpq14 2012 ABPC 7] (CanLII)|AB|PC | CSO | 225k+ | police officer submitting false overtime claims}}
 
{{SCaseFraud|R v Kaziuk<br> [http://canlii.ca/t/fprm6 2012 ONCJ 34] (CanLII)|ON|PC | 10 years | |breach of trust, used power of attorney to defraud mother of $20,000, guilty of 334(a) and 380(1)(a) after trial, 69 prior related convictions}}
 
{{SCaseFraud|R v Coulombe<Br>2012 QCCQ 4274 (CanLII) |QC | | $179,188.65 | | "The accused, a civil servant at the Government of Quebec’s Ministère des Transports, used forged invoices to collect $179,188.65 over a period of three years. When he pleaded guilty to breach of trust, he had reimbursed $90,000. The accused did not recognize his wrongdoing or take responsibility for his actions. The judge sentenced him to twelve months’ imprisonment."}}
 
{{SCaseFraud|R v Croteau-Ruthledge, <Br> 2011 QCCQ 1770 (CanLII) |QC | | 15 months and probation | $123,000| "The accused pleaded guilty to fraud against her employer in the amount of $123,000. The Court imposed a fifteen-month sentence of imprisonment, followed by three years’ probation, even though her risk of reoffending was low and she had no criminal record. The judge bore in mind the nature and scope of the fraud, the notion of abuse of a position of trust, and her limited remorse."[https://www.canlii.org/en/qc/qccq/doc/2015/2015qccq8910/2015qccq8910.html]}}
 
{{SCaseFraud|R v Champagne,<Br> 2011 QCCQ 6419 (CanLII) | QC | | | $265,671 | "The accused pleaded guilty to fraud in the amount of $265,671, which she committed while she was secretary-treasurer for the municipality of Ste-Eulalie. She was 52 years old and had misappropriated the funds for her own personal benefit. She was sentenced to fifteen months’ imprisonment and three years’ probation." [https://www.canlii.org/en/qc/qccq/doc/2015/2015qccq8910/2015qccq8910.html]}}
 
{{SCaseFraud|R v Miles,<br>[http://canlii.ca/t/fl6v1 2011 ABCA 133] (CanLII)|AB|CA| 2 years| $203,000 |The offender was a bookkeeper in a small company. She plead guilty to stealing by forging checks. The court recognized that there were "far fewer internal controls" than  in a large organization and was in a "far greater position of trust". A two year less a day conditional sentence was overturned.}}
 
{{SCaseFraud|R v Dhaliwahl<br> [http://canlii.ca/t/fnstd 2011 ONCJ 560] (CanLII) | ON|PC|9 months | $430k+ | offender worked for accounting in hospital--wrote cheques to self}}
 
{{SCaseFraud|R v Naugler<br>[http://canlii.ca/t/fn9vg 2011 NSPC 68] (CanLII)|NS|PC | 8 months + probation | $136,456 | offender defrauded employer over 3 years}}
 
{{SCaseFraud|R v Purves<br> [http://canlii.ca/t/fl92p 2011 SKQB 162] (CanLII) |SK|SC| 2 years less CSO |  $150k | fraud by municipal govt employer; offender suffered from depression, anxiety, financial problems and gambling problems.}}
 
{{SCaseFraud|R v Allen<br> [http://canlii.ca/t/fnmb5  2011 ABPC 318] (CanLII)|AB|PC|2 years | $275k | }}
 
{{SCaseFraud|R v Stirling<br>[http://canlii.ca/t/2d9dl 2010 ABCA 338] (CanLII) |AB|CA| 1 year | $255k+| The offender was a bookkeeper for a community association. Over three years she completed 254 illegal transactions. The Court of Appeal overturned a conditional sentence.}}
 
{{SCaseFraud|R v Collins, <br> 2010 NLTD 7 (CanLII) | NL | SC| 21 months | $139,387.98 | "The accused, a member of the Newfoundland and Labrador House of Assembly, committed several fraudulent acts over a period of six years, thereby enriching himself by $139,387.98." The Court also order ordered full restitution.}}
 
{{SCaseFraud|R v Walsh, <Br> 2010 CanLII 67 (NL PC) | NL | PC | 22 months | $159,316| "The accused, a member of the Newfoundland and Labrador House of Assembly, made fraudulent claims. He was convicted of fraud and breach of trust totalling $159,316. The Court sentenced him to twenty-two months’ imprisonment and ordered him to make restitution in the amount of $144,000 for the fraud. It also sentenced him to twelve concurrent months and two years’ probation for breach of trust."}}
 
{{SCaseFraud|R v MacDonald<br>[http://canlii.ca/t/299p0 2010 NSPC 33] (CanLII)|NS|PC | 30 months |$200k+ | investment advisor defrauded 30 clients}}
 
{{SCaseFraud|R v Byrne, <br> 2009 CanLII 17117 (NL PC) |NL  |PC | 2 years less a day  |$117,812 | "The accused, a former Minister in the Newfoundland government, submitted forged, counterfeit, or duplicate expense claims and paid $18,125 in bribes. He used corruption to avoid detection. He pleaded guilty to charges of fraud in the amount of $117,812, the amount that was considered inappropriately reimbursed, out of a total of $401,000. The Court imposed a sentence of two years less one day in prison and ordered restitution of $117,812." [https://www.canlii.org/en/qc/qccq/doc/2015/2015qccq8910/2015qccq8910.html]}}
 
{{SCaseFraud|R v Callender, <Br>[2009] O.J. No. 5510 (Ont. S.C.J.) | ON |SC| 9 months CSO| $280,000 | The offender committed bank fraud. He had no prior record. The judge did not order restitution or forfeiture.}}
 
{{SCaseFraud|R v Palantzas<br>[http://canlii.ca/t/25pfr 2009 CanLII 49328] (ON SC) | ON |SC| 4 years | $819k | The offender was a bank manager and defrauded his employer. He plead guilty and had no criminal record. He was 51 years old and married with two adult children. The wife was suffering from depression and tried to commit suicide due to the charges. The sentencing judge rejected a Joint Recommendation for 15 months. }}
 
{{SCaseFraud|R v Oates<br> [http://canlii.ca/t/1zhml 2008 SKQB 274] (CanLII) | SK|SC| 15 months with probation | $460,520.62 | The offender was employed by a government agency. Over several years stole from employer in an "elaborate" scheme. The offender had a prior related record, diagnosed with a gambling addiction, expressed remorse, was able to pay back half at the time of sentencing.}}
 
{{SCaseFraud|R v Gasparetto <br> [2008] OJ No 3840 (SC)|ON|SC| 18 months CSO| $190k | offender was 47 years old, no record, had mental health issues and was getting counselling}}
 
{{SCaseFraud|R v deKock<br> [http://canlii.ca/t/21852 2008 ABPC 279] (CanLII) |AB|PC| 2 years less a day  |$175k | The offender was found guilty of 14 counts of fraud, theft. and false pretenses. The motivation behind the fraud was to pay off creditors and keep the business going. He committed the offence over a period several months and was in a position of trust. The conviction was upheld at 2009 ABCA 25{{NOCANLII}} }}
 
{{SCaseFraud|R v Williams, <br> [http://canlii.ca/t/1qkbh 2007 CanLII 4332] (ON SC) | ON |SC|  | $190k | The offender was convicted at trial of fraud. He was a school superintendent. He would be able to pay restitution by using his pension. The sentencing judge rejected a conditional sentence. }}
 
{{SCaseFraud|R v M.K.M.<br>[http://canlii.ca/t/1qz21 2007 BCPC 58] (CanLII)|BC|PC | 2 years less a day CSO | $262,912 | accounts receivable clerk over a long period of time}}
 
{{SCaseFraud|R v Fulcher<br>[http://canlii.ca/t/1v0b0 2007 ABCA 381] (CanLII)|AB|CA | 2 years | $268k| The offender pleaded guilty to embezzling from his employer, a life insurance company. He was in a position of trust. The Sentencing Judge ordered a conditional sentence which was overturned. }}
 
{{SCaseFraud|R v Clark,<Br>[2006] A.J. No. 1003 (Alta. Q.B.) | AB |SC | 2 years | $389k | The offender defraud his car business's customers by making misrepresentations. He made the misrepresentations in order to keep his business going. The Court of Appeal overturned a conditional sentence.}}
 
{{SCaseFraud|R v Harding<br> [http://canlii.ca/t/1pwpp 2006 SKCA 118] (CanLII) | SK|CA| 18 months | $300k |offender was employed by a union, over 6 years defrauded employer through 900 transactions--offender had no record, was diagnosed with a gambling problem, medium risk to reoffend--Court overturned 2 year CSO}}
 
{{SCaseFraud|R v Trask,<br>[2005] NSJ No. 561 |NS|PC| 2 years less a day CSO (JR) | $340,731.70 | offender was chief accounting officer for municipality of Victoria, defrauded over many years--motivated by greed}}
 
{{SCaseFraud|R v McTighe, <Br>[http://canlii.ca/t/1jnnj 2005 ABCA 30] (CanLII) | AB| CA | | $247k | The offender pleaded guilty to performing 111 fraudulent transactions. He was emloyed at a national accounting firm. The Court of Appeal overturned a conditional sentence.}}
 
{{SCaseFraud|R v Corner,<br> 2005 OJ No 3590 (SC) | ON|SC| 18 month CSO | $150k | offender came forward and told employer he defrauded them--offender had abusive and dysfunctional family}}
 
{{SCaseFraud|R v Bracegirdle,<br> [http://canlii.ca/t/1hgff 2004 ABCA 252] (CanLII) |AB|CA|2 years less a day|$175,462.96| Thee offender pleaded guilty to fraud. She was financial manager for Cystic Fibrosis Society for 15 years. Over a period 5 years she took money from the society. There was no remorse or restitution. The offence was a "egregious" breach of trust and the victim was vulnerable. The sentencing judge ordered a conditional sentence.}}
 
{{SCaseFraud|R v Reid,<br> [http://canlii.ca/t/1g9t4 2004 YKCA 4] (CanLII)|YK|CA| 14 months | $170k (approx) | 6 months credit for remand, and served some sentence on CSO--court overturned 18 month CSO--breach of trust}}
 
{{SCaseFraud|R v Altenhofen,<br> [2003] A.J. No. 797, 2003 ABQB 485 upheld [http://canlii.ca/t/4rr2 2003 ABCA 275] (CanLII)|AB|SC | 2 years | $400k | The offender was convicted of 13 counts of fraud and possession of stolen property. He committed offence against own company involing "leaseback agreements". He also stole heavy equipment. The offender was 49 years old, minor dated record, married, experience as businessman.}}
 
{{SCaseFraud|R v Robinson,<br> [2003] O.J. No. 4722 (SCJ)| ON|PC|22 month CSO | over $200k | employee fraud; over several months; involved deliberate, planned and covert behaviour.  accused suffering from depression, an auto-immune deficiency and asthma.}}
 
{{SCaseFraud|R v Beggs,<br>[http://canlii.ca/t/5cwv 2003 BCCA 101] (CanLII) | BC|CA| 4 years | $223k+ | offender was high level employee with CRA, used her position to give tax breaks to friends over 4 years }}
 
{{SCaseFraud|R v Evans,<br>[http://canlii.ca/t/5dlh 2003 NBQB 54] (CanLII) |NB|SC|1 year | $126k | offender was caregiver for elderly man with dementia, took money from elder's bank account }}
 
{{SCaseFraud|R v J.A.,<br> [2003] O.J. No. 2167 (OCJ)|ON|PC | 12 mo CSO | $248,000 | employee was a book keeper; stole over two and a half years period; depression and difficult childhood}}
 
{{SCaseFraud|R v Hartz,<br>[http://canlii.ca/t/507d 2002 ABCA 108] (CanLII) |AB|CA| 18 months |$123,860|offender forged 25 company cheques--offender was age 42, no record, with adult children. Court of appeal rejected a conditional sentence. "Ms. Hartz received a sentence of incarceration for fraud in the amount of $123,860, which was defrauded from her corporate employer. ... That she was not a danger to society was appropriately factored in by the trial judge."[https://www.canlii.org/en/ab/abqb/doc/2017/2017abqb722/2017abqb722.html] }}
 
{{SCaseFraud|R v Fehr,<br> [2001] S.J. No. 147, [http://canlii.ca/t/4tch 2001 SKCA 37] (CanLII) |SK|CA|11 months | $220k | offender defrauded employer over 10 years as a bookkeeper for small company--major impact on company and 35-40 employees--offender was 56 years old, no record, married with one daughter living with family--offender made public confession and agreed to repay $80k--overturned 2 years less a day CSO}}
 
{{SCaseFraud|R v Matheson,<br> [http://canlii.ca/t/1ljdq 2001 NSSC 78] (CanLII)|NS|SC |  2 years less a day CSO  | $117,000| lawyer for a firm improperly took money that was given in trust as execution of a will giving assets to a child--also charged with theft, breach of trust, and forged documents}}
 
{{SCaseFraud|R v Moulton,<br> (2001), 160 CCC (3d) 407, [http://canlii.ca/t/4t8t 2001 SKCA 121] (CanLII)| SK|CA| 12 month CSO | $270k| offender sold his cattle in unauthorized transactions making large profits, defrauding beef producers coop--offender was 44 years old, married, two adult children, in cattle industry for 20 years--motivated to safe herd not greed--made restitution--no breach of trust}}
 
{{SCaseFraud|R v DeBay,<br> [http://canlii.ca/t/4v7b 2001 NSCA 48] (CanLII)|NS|CA | 2 years (JR) | $226,234.99 | }}
 
{{SCaseFraud|R. v. Watkinson, <Br> [http://canlii.ca/t/5rkb 2001 ABCA 83] (CanLII) | AB |CA | | | }}
 
{{SCaseFraud|R v Anderson-Davis,<br> [http://canlii.ca/t/53wz 2000 BCSC 42] (CanLII) |BC|SC|18 month CSO |$136,700 | }}
 
{{SCaseFraud|R v Saunders<br> (2000), 189 N.S.R.(2d) 126 (S.C.) [http://canlii.ca/t/1f1d2 2000 CanLII 4612]|NS|SC | 1 year CSO | $115k | 82 year old lawyer was executor of a will, money taken from estate, money used to stop forclosure of house, physical health issues, no pre-conviction repayment}}
 
{{SCaseFraud|R v Gross,<br> [2000] O.J. No. 3479| ON|SC| 8 months CSO |$297k |offender was a lawyer who pled guilty to fraud x 5--over 5 months, offender defrauded 6 financial institutions--offender had 148 days remand credit}}
 
{{SCaseFraud|R v Millward,<br> [2000],  A.J. No. 1371, [http://canlii.ca/t/5rm3 2000 ABCA 308] (CanLII) |AB|CA|20 months | $352,080 |The offender was insurance broker who committed fraud over 18 months. He had no prior record and suffered from health problems. The Court of Appeal agreed with the sentencing judge's decision to give little to no credit for remand in another country. They also overturned a 20 month conditional sentence.}}
 
{{SCaseFraud|R v Ferguson,<br> [1999] NSJ No. 481|NS| | 18 months CSO | $390k | account and office manager issues pay cheques to non-existent employees over 3 years}}
 
{{SCaseFraud|R v Ruhland,<br> [1998] O.J. No. 781 |ON|| 2 years less a day  |  | accused was chairman and CEO; used firm as private bank }}
 
{{SCaseFraud|R v Hoy,<br> [http://canlii.ca/t/1dxvg 1998 CanLII 6024] (BC CA)| BC | CA |3 years  | $370k | The offender was a mutual fund salesman who defrauded 6 clients over an 18 month period. They had no prior record.}}
 
{{SCaseFraud|R v Dickhoff <br>(1998), 130 CCC (3d) 494 (Sask. C.A.)|SK|CA| 2 years less a day | ? | offender was president of a trust company, over 4 years misled board of directors and made false notes on mortgages to get money for himself or companies he owned--position of trust--contributed to collapse of company--offender had no record, no remorse--appealed sentence of 5 years}}
 
{{SCaseFraud|R v Pierce,<br>[http://canlii.ca/t/6hsr 1997 CanLII 3020] (ON CA), [1997] 32 O.R. (3d) 321|ON|CA|12 months |  $270,000 | The offender was a female employee. She was well-educated. "The accused falsified data in the accounting books of the company for which she worked and defrauded the company of $270,000. The Court of Appeal for Ontario reduced the initial sentence of twenty-one months to a twelve-month custodial sentence, given the minimal risk of reoffending. It pointed out, however, that this was a significant fraud that required planning and dishonest methods, and that abuse of a position of trust must be denounced." [https://www.canlii.org/en/qc/qccq/doc/2015/2015qccq8910/2015qccq8910.html]}}
 
{{SCaseFraud|R v Horvath<br>(1997), 117 CCC (3d) 110 (Sask. C.A.), [http://canlii.ca/t/1mctn 1997 CanLII 9759]| SK|CA| 2 years less a day CSO| $200k | bank branch manager defrauded bank to support gambling addiction--offender was 25 years old with two children in her care, no record, was remorseful and sought treatment--}}
 
{{SCaseFraud|R v Hill,<br>[1997] NSJ No. 97 aff'd at [http://canlii.ca/t/1h36k 1997 CanLII 1647] (NSCA) |NS |CA| 12 mo | $144k | tax clerk working for university defrauded employer with fake invoices; only $16,000 recovered.}}
 
{{SCaseFraud|R v Kratky <br>[http://canlii.ca/t/1f5q8 1997 CanLII 936] (BC SC)|BC|SC| 18 month CSO| $436,535 | the offender was the bookkeeper for a dental clinic and over three and a half years defrauded the clinic--offender was 52 at the time of sentencing}}
 
{{SCaseFraud|R v King <Br>(1997), 212 A.R. 44 (Alta. C.A.)| AB|CA| 2 years less a day |$413k | The offender plead guilty to defrauding 12 people using his business.  Sentencing Judge ordered a 2 year less a day conditional sentence.}}
 
{{SCaseFraud|R v Gaetz<br> [http://canlii.ca/t/1mrql 1992 CanLII 2509] (NS CA) |NS|CA| 1 day and $6,000 fine| $246,251.00 | fraud by operator of vehicle dealership--had financing with bank for leased vehicles--did not pay it back--offender was age 45, no personal gain from offence}}
 
{{SCaseFraud|R v Flynn <br>(1991), 109 N.S.R.(2d) 354 (T.D.), [1991] NSJ No. 536|NS|SC | 28 months | $300,000| defrauded employer, no record, family support, potential for rehabilitation}}
 
{{SCaseFraud|R v Tucker<br> [1988] NSJ No. 33|NS|CA|  | | }}
 
{{SCaseEnd}}
 
===50k to 100k===
{{SCaseHeaderFraud}}
 
{{SCaseFraud|R v LeRiche, <br> [http://canlii.ca/t/hsxk2 2018 NLSC 145] (CanLII) | NS | SC| 5 months + 2ys probation  | $53,046.38 | The offender was a volunteer treasurer of a minor hockey league. She wrote 35 cheques to herself or her fiance. She covered up her actions for two years. The offender was 42 years old and plead guilty. }}
 
{{SCaseFraud|R v Macynski,<br> 2015 ONCJ 17 (CanLII)| ON |PC |$86,000 | 6 months + 3 yrs probation | "the 67-year-old offender was the treasurer of a church fund over which she had signing authority. She wrote cheques to herself over a three-year period totaling in excess of $86,000. She pled guilty to theft over $5,000. The court rejected a conditional sentence because of the breach of trust and sentenced the offender to 6 months’ incarceration followed by three years’ probation and ordered restitution. The offender claimed that she was financially burdened by her husband’s health concerns, but the court did not accept that as she continued to steal after her husband’s death. Aggravating factors included the breach of trust and the effect on the church."}}
 
{{SCaseFraud| R v Gibb, <br> [http://canlii.ca/t/gdwgb 2014 ONSC 5316] (CanLII)| ON |SC| 2 years less a day CSO | $100,000 | Two offenders defrauded an unsophisticated married couple. Neither accused had a criminal record. $100,000 restitution order was made along with fines in the amount of $99,000 and $49,000. }}
 
{{SCaseFraud|R v Umenwoke, <br> [http://canlii.ca/t/fzhsp 2013 ONSC 4496] (CanLII) | ON |SC| 20 months CSO | $77,920 |The offender was 63 years old with no record. He was in poor health. Judge also ordered 12 months probation. }}
 
{{SCaseFraud|R v Takeshita,<br> [http://canlii.ca/t/fwhpr 2013 ONSC 1385] (CanLII) |ON|SC| 16 months + P | $80k+ | offender defrauded church}}
 
{{SCaseFraud|R v Husband,<Br> 2013 ABPC 67 (CanLII)| AB | PC | 10 months | $80,000| The offender was "a 44-year-old female was convicted of one count of breach of section 334(a). The theft involved almost $80,000 from her employer, a non-profit organization."<Ref>[https://www.canlii.org/en/nl/nlsc/doc/2018/2018nlsc145/2018nlsc145.html]</ref>}}
 
{{SCaseFraud|R v Stuart,<br>[http://canlii.ca/t/fsq5v 2012 BCPC 327] (CanLII) | BC|PC| 12 months CSO | $60,757.14 | 23 victims defrauded. Offender sold fake Olympic tickets online.}}
 
{{SCaseFraud|R v Wilson, <Br> [http://canlii.ca/t/frb00 2012 NSPC 40] (CanLII) | NS | PC| 9 months | $60,999 | The offender was an MLA in the provincial legislature and filed over 30 false expense claims over 4 years. He had a pathological gambling addiction. }}
 
{{SCaseFraud|R v Gonzalez-Urena,<br> [http://canlii.ca/t/fkv6l 2011 BCSC 406] (CanLII) |BC|SC|  |$71.5k | offender stole a credit card from post office and used it to get money for gambling}}
 
{{SCaseFraud|R v Kohuch, [2011] O.J. No. 5447, (C.J.) | ON | PC| 18 month CSO | 62,765.00 | The offender stole "from a non-profit organization involving a breach of trust." Crown sought a 6 month sentence. }}
 
{{SCaseFraud|R v Wentzell,<br>[http://canlii.ca/t/flkgb 2011 NSSC 200] (CanLII)|NS|SC | 6 months | $69,245.51 |over two years the offender created 2 false travel claims--offender was 46 years old, prior record for arson}}
 
{{SCaseFraud|R v Satkunarajah,<br> [http://canlii.ca/t/fpn4c 2011 ABPC 385] (CanLII)| AB|PC| 9 months | 93.5k |defraud bank; guilty plea; no record; low loss}}
 
{{SCaseFraud|R v Salikin,<br> [http://canlii.ca/t/fp693 2011 SKPC 179] (CanLII) | SK|PC| 18 months CSO | 65k | fraud of employer}}
 
{{SCaseFraud|R v Kohuch,<br> [http://canlii.ca/t/fp748 2011 ONCJ 620] (CanLII)|ON|PC | 18 months CSO | $62,765.00 | The accused was treasurer of sports league. He suffered from biopolar disorder which played a role in the offence. Full restitution had been made. The judge also ordered 12 months probation.}}
 
{{SCaseFraud|R v Skorobohach,<br> [http://canlii.ca/t/fp10v 2011 BCPC 303] (CanLII) |BC|PC | 3 years | 96k| mail confidence scheme targetting senior citizens, defraud over several years}}
 
{{SCaseFraud|R v Lee,<br> [http://canlii.ca/t/fnsvh 2011 NSPC 81] (CanLII)| NS|PC |10 months | $67k | over 1 year stole 23 deposits, conviction at trial,}}
 
{{SCaseFraud|R v Cassettari,<br>  [http://canlii.ca/t/2bjd7 2010 BCPC 139] (CanLII) |BC|PC| 2 years less a day CSO | $60,000 | }}
 
{{SCaseFraud|R v South,<br> [http://canlii.ca/t/22qjp 2009 MBPC 12] (CanLII) |MB|PC| 15 months | $64k | }}
 
{{SCaseFraud|R v Anderson, <Br> 2009 NLTD 143 (CanLII) | NL | SC | 15 months| $89,474.34| The accused pleaded guilty to charges of fraud and breach of trust. Former member of the House of Assembly and Minister in the Newfoundland and Labrador government, he admitted to forging expense accounts and claiming reimbursement for inflated expenses. He was 49 years old. For a fraud of $89,474.34, the Court ordered him to serve fifteen months’ imprisonment and to make full restitution. It also sentenced him to nine concurrent months on the charge of breach of trust." [https://www.canlii.org/en/qc/qccq/doc/2015/2015qccq8910/2015qccq8910.html]}}
 
{{SCaseFraud|R v Bodnarchuk,<br> [http://canlii.ca/t/1vqm2 2008 BCCA 39] (CanLII)|BC|CA | 12 to 18 months | $64k | company owner defrauded investors for start-up project--breach of trust}}
 
{{SCaseFraud|R v Bavarsad,<br> [http://canlii.ca/t/1wr0j 2008 BCCA 137] (CanLII) |BC|CA| 12 months CSO | $87,445 | }}
 
{{SCaseFraud|R v Upton,<br> [http://canlii.ca/t/21r27 2008 NSSC 360] (CanLII) | NS|SC | 3 years | $45,353.20 | 42 victims}}
 
{{SCaseFraud|R v Alakija,<br>[http://canlii.ca/t/1sxt1 2007 ABPC 234] (CanLII)|AB|PC | 18 months CSO | $58,829.93| stole 49 deposits from employer over < 3 months, confessed, gambling addiction}}
 
{{SCaseFraud|R v Pechterski,<br> 2007 ONCJ 533 | ON|PC| 2 months CSO | $53,300 | guilty of two counts fraud, five counts possession of credit card forgery machines. Offender participated in relatively sophisticated ATM skimming fraud of over 150 accounts.  Offender was 41 years old with no record. 5 days pre-trial custody.}}
 
{{SCaseFraud|R v Deutsch,<br>[2005] O.J. No. 5542, [http://canlii.ca/t/1m7w8 2005 CanLII 47598] (ONCA)|ON|CA | 4 years | $54k | }}
 
{{SCaseFraud|R v McKinnon,<Br> [http://canlii.ca/t/1jk86 2005 ABCA 8] (CanLII) | AB |CA |12 months | $61,000 | The offender plead guilty to fraud while acting as a bookkeeper. She had a prior prior related record.}}
 
{{SCaseFraud|R v Reshke, <br> [http://canlii.ca/t/1h81k 2004 ABQB 418] (CanLII) | AB|SC| 9 months | $125,000| Over a period of roughly 5 years the accused defrauded his employer, the provincial government of funds. He held one of the highest unelected positions in the government. He was partially motivated by a gambling addiction. He also had an alcohol problem. }}
 
{{SCaseFraud|R v Williams,<br> [2003] O.J. NO. 2202, [http://canlii.ca/t/6wd3 2003 CanLII 9650] (C.A.)|ON|CA| 90 days + fine | ?  | offender was senior manager in a position of trust, hired girlfriend without any authority to do so}}
 
{{SCaseFraud|R v Hayes, <Br>O.J. No. 4590 (Ont. C.A.)  | ON |CA| 18 month CSO | $97006 and $29,994 | }}
 
{{SCaseFraud|R v Inglis,<br> [http://canlii.ca/t/5swc 2002 BCPC 242] (CanLII) | BC|PC|  18 months CSO |$78,738.92 | employee defrauded bank employer over 2 years}}
 
{{SCaseFraud|R v Mastromonaco,<br>[2002] O.J. No. 4612 |ON|SC| 21 months| $70k | offender convinced an elderly couple to invest money in financing scheme--position of trust--offender was 51 years old with dated unrelated record, denied responsibility}}
 
{{SCaseFraud|R v Desormeau,<br> [2001] N.J. No. 341 (S.C.–T.D.)| NL|SC| 8 months |$70k | captain in armed forced directed soldiers to submit blank travel claims, some money given to soldiers--offender was in forces 20 years, no record--breach of trust, public monies}}
 
{{SCaseFraud|R v Murdock,<br> [1980] NSJ No. 510, (1980), 42 N.S.R.(2d) 90 (CA) |NS|CA| 2 years|”substantial” amount |offender ran company selling commodity options that were misleading--appeal from $5,000 + probation }}
 
{{SCaseEnd}}
 
===50k and less===
{{SCaseHeaderFraud}}
 
{{SCaseFraud|R v Burton, <Br> 2012 PESC 2 | PEI | SC | 4 months | $8,000 - $10,000 | The offender was a manager of a provincial sports team. He defrauded the government of PEI. She had no prior record. The judge found that a conditional sentence was not available he also ordered $4,000 in restitution.}}
 
{{SCaseFraud|R v Kassam, <Br> [http://canlii.ca/t/gwq5x 2017 ONSC 74] (CanLII) | ON |SC| 3 years | | }}
 
{{SCaseFraud|R v Gliddon, <br> [http://canlii.ca/t/h50s5 2017 ABPC 38] (CanLII)| AB | PC| 2 years | $22, 493|  }}
 
{{SCaseFraud|R v Taverner, <br> [http://canlii.ca/t/h4rgp 2017 ONCJ 469] (CanLII)| ON |PC| 12 months | $47,045.41|  }}
 
{{SCaseFraud|R v Biletsky, <br> [http://canlii.ca/t/gvvcn 2016 ABPC 261] (CanLII) | AB|PC| 12 months | $17,797.50| "... a 42-year-old married father of two children, was in an executive position of a non-profit community association. He drafted six fraudulent cheques to himself. He was convicted of defrauding the association of over $17,000 contrary to section 380(1)(a) of the Code. The court rejected an intermittent sentence which would have allowed Mr. Biletsky to work at a new job and pay restitution. A sentence of 12 months’ imprisonment was imposed along with a restitution order."<ref>[https://www.canlii.org/en/nl/nlsc/doc/2018/2018nlsc145/2018nlsc145.htm]</ref>}}
 
{{SCaseFraud|R v Drummond, <br>[http://canlii.ca/t/gpnqp 2016 CanLII 22609] (NL SCTD) |NL|SC| 3 months + 12 months probation | $25k (Approx) |The offender gave bad cheques to a property owner as rent for a residence. He was retired with wife and three young children.}}
 
{{SCaseFraud|R v Bernard,<Br> [http://canlii.ca/t/ghgk8 2015 BCPC 107] (CanLII) | BC| PC| 4 years | over 10,000| }}
 
{{SCaseFraud|R v Elmadani,<br> [http://canlii.ca/t/glkcc 2015 NSPC 65] (CanLII) | NS | PC | 12 months | $22,700 | The offender pleaded guilty to fraud over 5k. He had falsely claimed commission income from his employer over 7 months. He had a recent prior record for fraud.}}
 
{{SCaseFraud|R v Lam, <br>[http://canlii.ca/t/g6n32 2014 ABPC 90] (CanLII) |AB|PC| CSO |$44k | The offender defrauded employer, the Calgary Stampede Casino. He made full restitution, undertook counselling, and was remorseful. "The accused was a 56-year-old immigration consultant convicted of theft and fraud in the amount of $256,250. He had no criminal record. The Court of Appeal of British Columbia upheld the twelve-month sentence of imprisonment imposed by the trial judge. There was no order for reimbursement in this case." [https://www.canlii.org/en/qc/qccq/doc/2015/2015qccq8910/2015qccq8910.html]}}
 
{{SCaseFraud|R v Steward,<br> [http://canlii.ca/t/g6dgc 2014 ABCA 125] (CanLII) | AB|CA| 12 months| $10,000 | _ }}
 
{{SCaseFraud|R v Cook,<br> [http://canlii.ca/t/fvxbh 2013 ABPC 6] (CanLII)|AB|PC|6 months | $7,500 | The offender solicited charitable donations from people my misrepresenting himself as being a cancer patient.}}
 
{{SCaseFraud|R v Bullock, <Br>[http://canlii.ca/t/fw3nt 2013 ABCA 44] (CanLII) | AB| CA| 8 months | $12,305 | The offender forged her name on numerous cheques. Joint recommendation. }}
 
{{SCaseFraud|R v MacDonald, <br>[http://canlii.ca/t/g1nxs 2013 ONSC 4872] (CanLII) | ON| SC| 6 months | $45,700 | The offender was convicted after trial. He deceived an acquaintance by selling him shares in a company he did not own. He was 45 years old with a prior related record. He had no remorse. }}
 
{{SCaseFraud| R v Johal,<br> [http://canlii.ca/t/frcmb 2012 BCPC 133] (CanLII) | 9 months | $6,000 | }}
 
{{SCaseFraud|R v Hurlburt, <br> [http://canlii.ca/t/fs7vr 2012 NSSC 291] (CanLII) | NS |SC | CSO | $24,000 | 2 years less a day CSO | The offender pleaded guilty to fraud over $5,000. He was a MLA in the provincial legislature and used his position to file false expense claims.}}
 
{{SCaseFraud|R v McGrath,<br> [http://canlii.ca/t/ftp03 2012 CanLII 67732] (NL SCTD) |NL|SC| 7 months |$38,356.60| offender defrauded the Brain injury Association over 51 transactions over a year.}}
 
{{SCaseFraud|R v Lavigne,<br>[http://canlii.ca/t/flwt6 2011 ONSC 2938] (CanLII)|ON|SC| 6 months | $23,000| Offender was a canadian senator who filed false expenses--judge said media exposure was a neutral factor--also convicted of breach of trust (6 month CSO)}}
 
{{SCaseFraud|R v O’Brien, [http://canlii.ca/t/28vkh 2010 ONCJ 101] (CanLII)| ON | PC | 90 days (fraud)<br> 2 years less a day CSO (related offences)| $31,892.29 | The offender was employed in a senior's home and defrauded the senior tenants. She was in a position of trust. She was 27 years old with no prior record.}}
 
{{SCaseFraud|R v Rockett, <Br>[http://canlii.ca/t/22m8h 2009 PECA 7] (CanLII) | PE |CA| 60 months | $18,000 | }}
 
{{SCaseFraud|R v Keller,<br> [http://canlii.ca/t/270r0 2009 ABCA 418] (CanLII)|AB|CA |90 days  |$6k| CSO overturned}}
 
{{SCaseFraud|R v Fayemi,<br> [http://canlii.ca/t/236rt 2009 BCPC 123] (CanLII) |BC|PC| Suspended Sentence| $15,000 | }}
 
{{SCaseFraud|R v Upton,<br> [http://canlii.ca/t/21r27 2008 NSSC 360] (CanLII) | NS|SC | 3 years | $45,353.20 | 42 victims}}
 
{{SCaseFraud| R v Fitzpatrick,<br> [http://canlii.ca/t/1l023 2005 BCCA 314] (CanLII) |BC|CA | 6 months | $30,000 | false debit purchases}}
 
{{SCaseFraud| R. v. Davies, [http://canlii.ca/t/232b2 2005 CanLII 63757] (ON CA) | ON |CA| 12 months less a day (trust)<Br>12 months CSO (fraud) |  $48,355.00 |  }}
 
{{SCaseFraud|R v Bradbury, [http://canlii.ca/t/1jg14 2004 NLCA 82] (CanLII) |NL|CA| 12 months CSO | $66,070 | The offender was convicted at trial of two counts of fraud. He was an employee at a bingo hall and over 40 months misappropriated $66,070. The offence was "sophisticated" involved multiple acts of deception over a long period of time. The offence was a breach of trust. He was 50 years old with no prior record. He had no remorse. Court of appeal overturned a 12 month jail sentence.}}
 
{{SCaseFraud|R v Hewitt,<br> [http://canlii.ca/t/1gvlp 2004 NLSCTD 65] (CanLII) |NL|SC| 9 month CSO + 2 years probation | $30,132.09| The offender pleaded guilty to theft over 5k and fraud over 5k and 43 counts of uttering forged documents. She was a municipal clerk for the Town of Point May and in a position of trust. She forged cheques over 21 months. The offence was moderately sophisticated. She was a 39 year old mother of four young children with no prior record. [per Handrigan J]}}
 
{{SCaseFraud|R v Pottie,<br> [http://canlii.ca/t/1hx7d 2003 NSSC 263] (CanLII)|NS|SC | 18 months CSO| $46,475 | secretary of hockey council, defrauded over several years, offender was 58 years old with heart problems--full restitution ordered}}
 
{{SCaseFraud|R v Williams,<br> [2003] O.J. NO. 2202, [http://canlii.ca/t/6wd3 2003 CanLII 9650] (C.A.)|ON|CA| 90 days + fine | ? | offender was senior manager in a position of trust, hired girlfriend without any authority to do so}}
 
{{SCaseFraud|R v Macdonald,<br> [2001] NSJ No. 51 (C.A.), 2001 NSCA 26|NS|CA |probation (JR)| $32k | falsified 3 years of overtime--restitution--victim was agreeable with resolution}}
 
{{SCaseFraud|R v Zenovitch,<br> [2001] YJ No 105 (SC)|YC|SC | 20 months CSO | $37k | offender was a bookkeeper who defrauded her employer, a small business--offender was 42 years old, single mother and primary caregiver of an 11 year old boy--breach of trust}}
 
{{SCaseFraud|R v Decoff,<br> 2000 NSJ No. 224 (S.C.)|NS|SC |18 month  CSO |$44,000 | over 8 months, deposit manager took money, disabled spouse and young child}}
 
{{SCaseFraud| R v Berntson<br>  2000 SKCA 47 (CanLII) |SK| CA |1 year | $40k |Saskatchewan MLA; false expense accounts. "The Court of Appeal for Saskatchewan upheld a sentence of twelve months’ imprisonment for an accused who was a member of the Legislative Assembly of that province. He faced a charge of fraud and breach of trust in the amount of $41,535. The crime consisted of false requests for reimbursement, where he claimed expenses for secretarial services provided by his former spouse, his current wife, and his children. He had made full restitution."}}
 
{{SCaseFraud | R v Adler (1999) [http://canlii.ca/t/1k5v2 1999 CanLII 9438] (NB CA) | 8 months CSO | $27,890 and $1,650 |  }}
 
{{SCaseFraud|R v MacEachern,<br> [1999] P.E.I.J. No. 85 (C.A.)|PEI|CA | 15 months CSO | $25k | offender was deputy minister of agriculture, over 3.5 year period stole from government--offender was 65 years old, with prior related record from 1989
15 months conditional – Deputy Minister defrauded government of $25,000-- in a position of trust}}
 
{{SCaseFraud|R v . Quinlan<br>(1999), 133 CCC (3d) 501 (Nfld. C.A.), [http://canlii.ca/t/27px1 1999 CanLII 18952] (NL CA)|NL|CA| 6 month CSO (JR) | $12k |offender defrauded two employers to support cocaine addiction--offender was 29 years old, married, with a child, with a previous conviction for theft--able to make gradual restitution payments}}
 
{{SCaseFraud|R v . Oliver,<br>[1997] N.J. No. 248 (C.A.)|NL|CA| 7 months CSO| $27,614| bank clerk defrauded employer over 2 years--lost job as a result--}}
 
{{SCaseFraud|R v Hiltz,<br> [http://canlii.ca/t/1msn0 1989 CanLII 165]  | NS|CA| 3 months | $5,784.70 | time served}}
 
{{SCaseFraud|R v Murdock,<br> [1980] NSJ No. 510, (1980), 42 N.S.R.(2d) 90 (CA) |NS|CA| 2 years|”substantial” amount |offender ran company selling commodity options that were misleading--appeal from $5,000 + probation}}
 
{{SCaseEnd}}
 
==Social Services Fraud==
 
{{SCaseHeaderFraud}}
 
{{SCaseFraud|R v Isaac,<Br> [http://canlii.ca/t/25v7h 2009 SKPC 111] (CanLII) |SK|PC| 16 months CSO |$5,720 | welfare fraud}}
 
{{SCaseFraud|R v Collins<br>2011 O.J. No. 978, [http://canlii.ca/t/fkdrs 2011 ONCA 182] (CanLII) |ON|CA |10 months | $96,298.51 |social assistance fraud, where offender was party--67 cheques were obtained--2 years probation ; very large welfare fraud ;sophisticated ; aboriginal offender; on bail for a long time prior to sentencing; was separated from her disabled daughter--one co-accused received 26 months }}
 
{{SCaseFraud|R v Keuris<Br> [http://canlii.ca/t/1wn8b 2008 BCSC 480] (CanLII) |BC|SC | 6 months CSO | $25k | welfare fraud}}
 
{{SCaseFraud|R v Lougheed,<Br> [http://canlii.ca/t/1g4qg 2003 BCCA 681] (CanLII) |BC|CA| 45 days | $6,000| Offender had one prior unrelated conviction for which she got 45 days.}}
 
{{SCaseFraud|R v . Rizzetto<Br> (2002), 210 N.S.R. (2d) 67 (C.A.), [http://canlii.ca/t/5g3c 2002 NSCA 142] (CanLII)|NS|CA | 2 years less a day CSO | $137k | social service fraud over 20 years, did not declare correct income--convicted by jury--restitution of $71k.}}
 
{{SCaseFraud|R v Yates,<Br>[http://canlii.ca/t/5gjf 2002 BCCA 583] (CanLII) | BC|CA| Suspended | $13,124 | }}
 
{{SCaseFraud|R v D'Amour,<Br> [http://canlii.ca/t/1cskn 2002 CanLII 45015] (ON CA) | ON|CA| 90 days + P|  $14,636 | Defraud over 2 years. }}
 
{{SCaseFraud|R v Medeiros,<Br> [http://canlii.ca/t/1cq80 2002 CanLII 45037] (ON CA) |ON|CA|  9 month CSO| |}}
 
{{SCaseFraud|R v Oliynyk,<Br> [http://canlii.ca/t/4t50 2002 SKCA 37] (CanLII) |SK|CA| 10 months + Pr |$157,000 | husband and wife defrauded welfare over 12 years by not reporting wife's income. Described as one of the largest social assistance frauds. Overturned 6 months CSO and 12 months. Judge gave credit time already spent on CSO}}
 
{{SCaseFraud|R v Francis,<Br>[http://canlii.ca/t/1txkf 2000 CanLII 22052] (ON CA) | ON|CA| 2 year less a day CSO|  |Welfare fraud over several years. }}
 
{{SCaseFraud|R v Hunt,<Br>[http://canlii.ca/t/1l86x 2000 SKQB 89] (CanLII) | SK|SC| 6 months CSO| |}}
 
{{SCaseFraud|R v Anderson-Davis, <Br>[http://canlii.ca/t/53wz 2000 BCSC 42] (CanLII) | BC|SC| 18 months CSO| $136,000|Offender did not reveal large loan. Offender had no prior record. Family and community supports.}}
 
{{SCaseFraud|R v Lawani,<Br>[http://canlii.ca/t/1f9j4 1999 CanLII 3153] (ON CA) | ON|CA| suspended| $21,000| Offender plead guilty to 6 counts of fraud under $5,000. }}
 
{{SCaseFraud|R v Cameron,<Br>[http://canlii.ca/t/5pgz 1999 ABQB 160] (CanLII) | AB|SC| 30 days + P |$17,000 | Offender received welfare and did not disclose income, had also filed false medical reports. Occurred over 5 years. Offender was 61 years old and plead guilty. The judge rejected joint recommendation of 18 months CSO.}}
 
{{SCaseFraud|R v McIsaac <Br>[1998] BCJ No. 1946, [http://canlii.ca/t/1f71x 1998 CanLII 4654] (BC SC) | BC|SC | discharge |  $44,546 | both husband and wife on US disability for serious injuries. Received social assistance at same time.}}
 
{{SCaseFraud|R v Marcelino, <Br>[http://canlii.ca/t/1dxzw 1998 CanLII 5530] (BC CA) |BC|CA| 3 month CSO | $9,000|
Offender received welfare and failed to disclose employment income. }}
 
{{SCaseFraud|R v Russell, <Br>[http://canlii.ca/t/6hhd 1997 CanLII 977] (ON CA) |ON|CA| 9 months | over $28,000 | Offender received welfare for over 20 months.  He was 26 years old with a prior record for property offences.}}
 
{{SCaseFraud|R v Wolfchild,<Br>[http://canlii.ca/t/2dd8p 1996 ABCA 78] (CanLII) | AB|CA|60 days | $3902 |}}
 
{{SCaseFraud|R v Carlson, <Br>[http://canlii.ca/t/1mb3n 1996 CanLII 4936] (SK CA)|SK|CA |suspended| $17,000| Offender failed to report income to social assistance over several years. Offender was 62 years old and in poor health. But for health issues, jail would have been ordered.}}
 
{{SCaseFraud|R v Reid, <Br>[http://canlii.ca/t/1mqd9 1995 CanLII 4319] (NS CA) |NS|CA| $5,545 | 50 days | OFfender did not disclose he was receiving benefits from insurer from MV accident. Offender appealed sentence of 9 months which court found to be "clearly excessive". Offender was 41 years old with no prior record.}}
 
{{SCaseFraud|R c Gentilletti, <Br>[http://canlii.ca/t/1nm70 1995 CanLII 5087] (QC CA) |QC|CA| 10 months | | Offender cashed 7 social assistance cheques.}}
 
{{SCaseFraud|R v Knowles,<Br> [http://canlii.ca/t/1dcxl 1994 CanLII 1912] (BC CA) |BC|CA| Fine |$ 4,200  |Offender received welfare. He did not disclose assets. }}
 
{{SCaseFraud|R v Tanasichuk, <Br> [http://canlii.ca/t/1mkkl 1994 CanLII 3915] (NB QB) | NB|SC| 6 months | $37,000 |  Offender obtained social assistance over 9 months. He did not disclose that he was living with his partner. He was 26 years old. Had a prior record and was serving 3 year sentence on unrelated offence.}}
 
{{SCaseFraud|R v Friesen, <Br>[http://canlii.ca/t/1dc8w 1994 CanLII 2011] (BC CA) | BC|CA| 9 months | over $12,000 | Offender collected welfare over 5 years. Did not disclose her other income.  She had a prior related record and had a history of dishonesty.}}
 
{{SCaseFraud|R v Wilton,<Br>(1991), 93 Sask. R. 184 | SK| CA| 5 months | | Offender filed false documents to permit employee to receive unemployment insurance benefits. No prior record.}}
 
{{SCaseFraud|R v Roche, <Br> [http://canlii.ca/t/fsxnf 1990 CanLII 6483] (NL CA) | NL|CA| 1 month + fine | over $10,000 | Offender received UIC payments over three weeks. A total of 13 people were involved in similar schemes.}}
 
{{SCaseFraud|R v Pelley,<Br> [http://canlii.ca/t/fsxrl 1990 CanLII 6495] (NL CA) | NL|CA| 6 months|  $100,000 | UIC benefits. Offender was mastermind. Appeal from sentence of 1 day + fine.}}
 
{{SCaseFraud|R v Francis, <Br> [http://canlii.ca/t/fsxp0 1990 CanLII 6485] (NL CA) | NL|CA| 30 days + P | |
Offender was chief of native council. Offender issued false record of employment. Offender did not benefit personally, however, he was in a position of trust.}}
 
{{SCaseFraud|R v Bingham, <Br>[http://canlii.ca/t/2djvd 1986 ABCA 45] (CanLII) | AB|CA| 4 months | $4,000 |Offender defrauded student loan program. Used money to support children.}}
 
{{SCaseFraud|Paiero <Br>(1986), 71 N.S.R.(2d) 268 | NS|CA|  Suspended |  | Appeal from suspended sentence with 30 months probation. No restitution order. }}
 
{{SCaseFraud|R v Cahill, <Br> [http://canlii.ca/t/2dk10 1986 ABCA 7] (CanLII) | AB|CA| 3 years |$63,000 |
Offender committed welfare fraud over 3 years. Offender was 40 years old. Plead guilty. Sophisticated scheme.}}
 
{{SCaseFraud|R v McMahon<Br> [1983] BCJ No. 769 (C.A.)| BC|CA| 7 months | $395 | applied for social assistance on fake identity. Offender was aged 24. Was trying to support a partner.}}
 
{{SCaseFraud|R v Kemp<Br>[1981] BCJ No. 446 (C.A.)|BC|CA| 90 days | $2,600 | offender collected welfare after getting a job. Offender was supporting 10 year old daughter. 180 hours community service}}
 
{{SCaseFraud|R v Kranjc<Br> [1980] O.J. No. 775 (C.A.) |ON|CA| 5 months | $7,344 | fraudulently collected benefits for an eye injury already collected upon}}
 
{{SCaseFraud|R v Kirkwood <Br> [1978] BCJ No. 612 (C.A.) |BC|CA| 9 months | $7,300 | defraud welfare over 3 months--offender was 33 years old with no record}}
 
{{SCaseEnd}}
 
==Tax  Fraud==
 
{{SCaseHeaderFraud}}
 
{{SCaseFraud|R v Tennina,<br>[http://canlii.ca/t/fzs6b 2013 ONSC 4694] (CanLII) |ON|SC| 10 years |$17 million | elaborate tax evasion scheme}}
 
{{SCaseFraud|R v Kutum,<br>[http://canlii.ca/t/fxc4f 2013 ONCJ 241] (CanLII) |ON|PC| 2 years | $1 million |tax evasion}}


{{SCaseFraud|R v Stevenson,<br> [http://canlii.ca/t/507v 2002 ABCA 41] (CanLII) | AB|CA| 3 years | $1,307,800 |}}
==References==
{{reflist|2}}
-->


{{SCaseEnd}}
==See Also==
 
* [https://www.dollartimes.com/inflation/inflation.php Online Inflation Calculator]
==Bankruptcy Fraud==
* [[Obtaining Property by False Pretences (Sentencing Cases)]]
 
* [[Possession of Stolen Property (Sentencing Cases)]]
{{SCaseHeaderFraud}}
* [[Obtaining Property by False Pretences (Sentencing Cases)]]
 
* [[Break and Enter (Sentencing Cases)]]
{{SCaseFraud|R v Yaremkevich, <br>[http://canlii.ca/t/5gfc 2002 ABPC 174] (CanLII) | AB| PC| | $1,000 fine | Charged under BIA. Summary election.  }}
 
{{SCaseFraud|R v Levac‑Barton,<br>[2001] O.J. No. 5200 (Ont. Sup. Crt.)| ON|SC| |$2,000 fine |}}
{{SCaseFraud|R v Baines, <br>[1989] BCJ No. 372 (BCCA)| BC|CA| |90 days |}}
{{SCaseFraud|R v Sonntag <br>(1989) 8 W.C.B. (2d) 32 (Ont. Dist. Ct.)| ON| SC| |Suspended Sentence  |}}
{{SCaseFraud|R v Laschuk <br>[1988] BCJ No. 99. (BCCA)| BC|CA| |90 days |}}
{{SCaseFraud|R v Langille,<br> [1986] 60 C.B.R. (NS) 55 (NSCA) |NS|CA| |4 months |}}
 
{{SCaseEnd}}
 
 
{{SLegend}}

Latest revision as of 13:10, 10 November 2024

This page was last substantively updated or reviewed January 2024. (Rev. # 96757)
Theft
Fraud

Offence Wording

Punishment for theft

334 Except where otherwise provided by law, every one who commits theft

(a) if the property stolen is a testamentary instrument or the value of what is stolen is more than $5,000, is guilty of
(i) an indictable offence and liable to imprisonment for a term of not more than 10 years, or
(ii) an offence punishable on summary conviction; or
(b) if the value of what is stolen is not more than $5,000, is guilty
(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(ii) of an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 334; R.S., 1985, c. 27 (1st Supp.), s. 43; 1994, c. 44, s. 20; 2019, c. 25, s. 122.

– CCC (CanLII), (DOJ)

Note up: 334

Fraud

380 (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,

(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or
(b) is guilty
(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(ii) of an offence punishable on summary conviction,

where the value of the subject-matter of the offence does not exceed five thousand dollars.

Minimum punishment

(1.1) When a person is prosecuted on indictment and convicted of one or more offences referred to in subsection (1) [fraud[1]], the court that imposes the sentence shall impose a minimum punishment of imprisonment for a term of two years if the total value of the subject-matter of the offences exceeds one million dollars.

Affecting public market

(2) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, with intent to defraud, affects the public market price of stocks, shares, merchandise or anything that is offered for sale to the public is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

R.S., 1985, c. C-46, s. 380; R.S., 1985, c. C-46, s. 380; R.S., 1985, c. 27 (1st Supp.), s. 54; 1994, c. 44, s. 25; 1997, c. 18, s. 26; 2004, c. 3, s. 2; 2011, c. 6, s. 2.
[annotation(s) added]

– CCC (CanLII), (DOJ)

Note up: 380(1), (1.1) and (2)

Theft and Fraud Not Exceeding $5,000

Fraud over $5,000

Services Fraud


See Also

  1. ↑ Found elsewhere in this same page.
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