Theft and Fraud (Sentencing Cases)

From Criminal Law Notebook
Fraud

Fraud Not Exceeding $5,000

Fraud over $5,000

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 (CA), 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 (ON CA), per Doherty JA ON CA 90 days + P $14,636 Defraud over 2 years.
R v Medeiros, 2002 CanLII 45037 (ON CA), 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 (ON CA), 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 (ON CA), 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 (ON CA), 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 50 days $5,545 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 Kiesman, 1991 CanLII 11998 (MB CA), per Huband JA MB CA "the Manitoba Court of Appeal considered a sentence appeal in a social services fraud case involving $35,000.00. There was a joint submission for a three-month jail sentence, served intermittently. The Trial Judge imposed a sentence of one year in incarceration. On appeal, the Court of Appeal substituted a sentence of three months in jail."
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 (CA)(*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 (CA)(*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 (CA)(*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 (CA)(*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 WCB (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

References

See Also

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