Theft and Fraud (Sentencing Cases)

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Fraud under $5,000

Case Name	Pr	Ct	Sentence	Amount	Summary
R v Song, 2017 ABPC 13 (CanLII), per MacDonald J	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 v Zentner, 2012 ABPC 94 (CanLII), per Krinke J	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
R v Hynes, 2012 CanLII 11926 (NLPC), , [2012] NJ 422 (NLPC), per Gorman J	NL	PC	discharge		fraud x 2, cashed cheques stolen by boyfriend
R v Bent, 2007 NSPC 63 (CanLII), per C Williams J	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 v Gordon, 2004 BCCA 294 (CanLII), per Braidwood JA	BC	CA	20 mo		Summary of case is pending.
R v McSween, 2002 NSSC 225 (CanLII), per LeBlanc J	NS	SC	discharge		The offender was charged with fraud under $5,000. " McSween held himself out as a dispensing pharmacist and asked a pharmacist at another pharmacy to provide him with Dilaudid tablets, claiming his pharmacy had run out of the drugs and that a customer required them. McSween had a drug addiction and the drugs were for his personal use. As in this case, McSween voluntarily sought treatment for his addiction, pleaded guilty and had no prior criminal record. " [Source]
R v Johnson, (1996), 147 N.S.R.(2d) 105 (S.C.)(*no CanLII links)	NS	SC	1 month imprisonment	$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
R v Munroe, 1991 CanLII 2485 (NSCA), , 101 N.S.R.(2d) 360 (C.A.), per Clarke CJ	NS	CA	14 days	$3998	age 18, over several months defrauded employer of $3998
R v Brink, 1983 CarswellBC 1623, [1983] B.C.W.L.D. 2275, [1983] BCJ No. 364(*no CanLII links)	BC		discharge		Offender was a paramedic who stole drugs to feed a narcotics addiction.

Fraud over $5,000

• Fraud Over $500,000 (Sentencing Cases)
• Fraud Between 100k and 500k (Sentencing Cases)
• Fraud Between 5k and 100k (Sentencing Cases)

Social Services Fraud

Case Name	Pr	Ct	Sentence	Amount	Summary
R v Isaac, 2009 SKPC 111 (CanLII), per Green J	SK	PC	16 months CSO	$5,720	welfare fraud
R v Collins, 2011 ONCA 182 (CanLII), per Rosenberg JA	ON	CA	10 months imprisonment	$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
R v Keuris, 2008 BCSC 480 (CanLII), per Barrow J	BC	SC	6 months CSO	$25k	welfare fraud
R v Lougheed, 2003 BCCA 681 (CanLII), per Southin J	BC	CA	45 days	$6,000	Offender had one prior unrelated conviction for which she got 45 days.
R v Rizzetto, 2002 NSCA 142 (CanLII), (2002), 210 NSR (2d) 67 (C.A.), per Saunders JA	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.
R v Yates, 2002 BCCA 583 (CanLII), per Prowse JA	BC	CA	Suspended	$13,124	Summary of case is pending.
R v D'Amour, 2002 CanLII 45015 (ONCA), per Doherty JA	ON	CA	90 days + P	$14,636	Defraud over 2 years.
R v Medeiros, 2002 CanLII 45037 (ONCA), per curiam	ON	CA	9 month CSO		Summary of case is pending.
R v Oliynyk, 2002 SKCA 37 (CanLII), per Lane JA	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
R v Francis, 2000 CanLII 22052 (ONCA), per curiam	ON	CA	2 year less a day CSO		Welfare fraud over several years.
R v Hunt, 2000 SKQB 89 (CanLII), per Goldenberg J	SK	SC	6 months CSO		Summary of case is pending.
R v Anderson-Davis, 2000 BCSC 42 (CanLII), per Boyle J	BC	SC	18 months CSO	$136,000	Offender did not reveal large loan. Offender had no prior record. Family and community supports.
R v Lawani, 1999 CanLII 3153 (ONCA), per curiam	ON	CA	suspended	$21,000	Offender plead guilty to 6 counts of fraud under $5,000.
R v Cameron, 1999 ABQB 160 (CanLII), per Lee J	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.
R v McIsaac, 1998 CanLII 4654 (BC SC), [1998] BCJ No. 1946, per Quijano J	BC	SC	discharge	$44,546	both husband and wife on US disability for serious injuries. Received social assistance at same time.
R v Marcelino, 1998 CanLII 5530 (BCCA), per Southin JA	BC	CA	3 month CSO	$9,000	Offender received welfare and failed to disclose employment income.
R v Russell, 1997 CanLII 977 (ONCA), per curiam	ON	CA	9 months imprisonment	over $28,000	Offender received welfare for over 20 months. He was 26 years old with a prior record for property offences.
R v Wolfchild, 1996 ABCA 78 (CanLII), per Hetherington JA	AB	CA	60 days	$3902	Summary of case is pending.
R v Carlson, 1996 CanLII 4936 (SK CA), per Wakeling JA	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.
R v Reid, 1995 CanLII 4319 (NSCA), per Matthews JA	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.
R c Gentilletti, 1995 CanLII 5087 (QC CA), per curiam	QC	CA	10 months imprisonment		Offender cashed 7 social assistance cheques.
R v Knowles, 1994 CanLII 1912 (BCCA), per Taylor JA	BC	CA	Fine	$ 4,200	Offender received welfare. He did not disclose assets.
R v Tanasichuk, 1994 CanLII 3915 (NB QB, per Riordon J	NB	SC	6 months imprisonment	$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.
R v Friesen, 1994 CanLII 2011 (BCCA), per Taylor JA	BC	CA	9 months imprisonment	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.
R v Wilton, (1991), 93 Sask. R. 184(*no CanLII links)	SK	CA	5 months imprisonment		Offender filed false documents to permit employee to receive unemployment insurance benefits. No prior record.
R v Roche, 1990 CanLII 6483 (NL CA, per Goodridge CJ	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.
R v Pelley, 1990 CanLII 6495 (NL CA), per O'Neill JA	NL	CA	6 months	$100,000	UIC benefits. Offender was mastermind. Appeal from sentence of 1 day + fine.
R v Francis, 1990 CanLII 6485 (NL CA, per Mahoney JA	NL	CA	30 days + P		The offender was chief of a native council. Offender issued a false record of employment. The offender did not benefit personally, however, he was in a position of trust.
R v Bingham, 1986 ABCA 45 (CanLII), per Forsyth JA	AB	CA	4 months imprisonment	$4,000	Offender defrauded student loan program. Used money to support children.
R v Paiero, (1986), 71 N.S.R.(2d) 268(*no CanLII links)	NS	CA	Suspended		Appeal from suspended sentence with 30 months probation. No restitution order.
R v Cahill, 1986 ABCA 7 (CanLII), per McClung JA	AB	CA	3 years imprisonment	$63,000	The offender committed welfare fraud over 3 years. The offender was 40 years old. Plead guilty. Sophisticated scheme.
R v McMahon, [1983] BCJ No. 769 (C.A.)(*no CanLII links)	BC	CA	7 months imprisonment	$395	applied for social assistance on fake identity. The offender was aged 24. Was trying to support a partner.
R v Kemp, [1981] BCJ No. 446 (C.A.)(*no CanLII links)	BC	CA	90 days	$2,600	offender collected welfare after getting a job. The offender was supporting 10-year-old daughter. 180 hours community service
R v Kranjc, [1980] OJ No 775 (C.A.)(*no CanLII links)	ON	CA	5 months imprisonment	$7,344	fraudulently collected benefits for an eye injury already collected upon
R v Kirkwood, [1978] BCJ No. 612 (C.A.)(*no CanLII links)	BC	CA	9 months imprisonment	$7,300	defraud welfare over 3 months--offender was 33 years old with no record

Tax Fraud

Case Name	Pr	Ct	Sentence	Amount	Summary
R v Tennina, 2013 ONSC 4694 (CanLII), per Gilmore J	ON	SC	10 years imprisonment	$17 million	elaborate tax evasion scheme
R v Kutum, 2013 ONCJ 241 (CanLII), per Schwarzl J	ON	PC	2 years imprisonment	$1 million	tax evasion
R v Stevenson, 2002 ABCA 41 (CanLII), per curiam	AB	CA	3 years imprisonment	$1,307,800	Summary of case is pending.

Bankruptcy Fraud

Case Name	Pr	Ct	Sentence	Amount	Summary
R v Yaremkevich, 2002 ABPC 174 (CanLII), per Allen J	AB	PC		$1,000 fine	Charged under BIA. Summary election.
R v Levac‑Barton, [2001] OJ No 5200 (Ont. Sup. Crt.)(*no CanLII links)	ON	SC		$2,000 fine	Summary of case is pending.
R v Baines, [1989] BCJ No. 372 (BCCA)(*no CanLII links)	BC	CA		90 days	Summary of case is pending.
R v Sonntag, (1989) 8 W.C.B. (2d) 32 (Ont. Dist. Ct.)(*no CanLII links)	ON	SC		Suspended Sentence	Summary of case is pending.
R v Laschuk, [1988] BCJ No. 99. (BCCA)(*no CanLII links)	BC	CA		90 days	Summary of case is pending.
R v Langille, [1986] 60 C.B.R. (NS) 55 (NSCA)(*no CanLII links)	NS	CA		4 months imprisonment	Summary of case is pending.

Unpublished

Nova Scotia

• R v Pincock, [1]
  • November 5, 2018
  • $34,524
  • 90 days imprisonment, 2 years probation

• R v Procenko, [2]
  • June 28, 2018
  • ~$250,000
  • 2 years imprisonment

• [3]
  • Feb 13, 2018
  • 2 years imprisonment

Newfoundland

• R v [4]
  • 1 years CSO
  • $110 million

Legend

Term	PC	SC	CA	S/S
Defined	Provincial Court	Superior Court	Court of Appeal	Suspended Sentence

See Also

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