Theft and Fraud Between $5k and $100k (Sentencing Cases)
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Fraud Over
50k to 100k
| Case Name | Pr | Ct | Sentence | Amount | Summary |
|---|---|---|---|---|---|
| Delgado, 2017 NSPC 74 (CanLII), per Hoskins J | NS | PC | 2 years less a day CSO | $80,000 | She had a diagnosed gambling addiction. |
| R v LeRiche, 2018 NLSC 145 (CanLII), per Chaytor J |
NL | 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. |
| R v Macynski, 2015 ONCJ 17 (CanLII), per Harris J |
ON | PC | $86,000 | 6 months imprisonment + 3 years 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 totalling 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." |
| R v Gibb, 2014 ONSC 5316 (CanLII), per Daley J |
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. |
| R v Umenwoke, 2013 ONSC 4496 (CanLII), per Spies J |
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. |
| R v Takeshita, 2013 ONSC 1385 (CanLII), per Spies J |
ON | SC | 16 months + P | $80k+ | offender defrauded church |
| R v Husband, 2013 ABPC 67 (CanLII), per Redman J |
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."[1] |
| R v Stuart, 2012 BCPC 327 (CanLII), per Challenger J |
BC | PC | 12 months CSO | $60,757.14 | 23 victims defrauded. Offender sold fake Olympic tickets online. |
| R v Wilson, 2012 NSPC 40 (CanLII), per Ross J |
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. |
| R v Gonzalez-Urena, 2011 BCSC 406 (CanLII), per Willcock J |
BC | SC | $71.5k | offender stole a credit card from post office and used it to get money for gambling | |
| R v Wentzell, 2011 NSSC 200 (CanLII), per Cacchione J |
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 |
| R v Satkunarajah, 2011 ABPC 385 (CanLII), per Barley J |
AB | PC | 9 months | 93.5k | defraud bank; guilty plea; no record; low loss |
| R v Salikin, 2011 SKPC 179 (CanLII), per Gordon J |
SK | PC | 18 months CSO | 65k | fraud of employer |
| R v Kohuch, 2011 ONCJ 620 (CanLII), per Greene J |
ON | PC | 18 months CSO | $62,765.00 | The accused was treasurer of a non-profit sports league. The offence was a breach of trust. He suffered from biopolar disorder which played a role in the offence. Full restitution had been made. The judge also ordered 12 months probation. Crown sought a 6 month sentence. |
| R v Skorobohach, 2011 BCPC 303 (CanLII), per Bennett J |
BC | PC | 3 years | 96k | mail confidence scheme targetting senior citizens, defraud over several years |
| R v Lee, 2011 NSPC 81 (CanLII), per Derrick J |
NS | PC | 10 months imprisonment | $67k | over 1 year stole 23 deposits, conviction at trial, |
| R v Cassettari, 2010 BCPC 139 (CanLII), per Kitchen J |
BC | PC | 2 years less a day CSO | $60,000 | Summary of case is pending. |
| R v South, 2009 MBPC 12 (CanLII), per Sandhu J |
MB | PC | 15 months | $64k | Summary of case is pending. |
| R v Anderson, 2009 NLTD 143 (CanLII), per Dymond J |
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." [1] |
| R v Bodnarchuk, 2008 BCCA 39 (CanLII), per Levine JA |
BC | CA | 12 to 18 months | $64k | company owner defrauded investors for start-up project--breach of trust |
| R v Bavarsad, 2008 BCCA 137 (CanLII), per Finch CJ |
BC | CA | 12 months CSO | $87,445 | Summary of case is pending. |
| R v Upton, 2008 NSSC 360 (CanLII), per Beveridge J |
NS | SC | 3 years | $45,353.20 | 42 victims |
| R v Alakija, 2007 ABPC 234 (CanLII), per Bascom J |
AB | PC | 18 months CSO | $58,829.93 | stole 49 deposits from employer over < 3 months, confessed, gambling addiction |
| R v Pechterski, 2007 ONCJ 533 (CanLII) |
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. |
| R v Arseneau, 2006 QCCQ 278 (CanLII), per Lortie J | QC | PC | 26 months | $91,000 | "The Court ordered the accused to serve a sentence of imprisonment of twenty-six months on each count of fraud, which amounted to a total of $91,000. The accused was an accounting secretary when, over a three-year period, she appropriated $50,000 from the company for which she worked and $41,000 from a curling club for which she was secretary. Despite her lack of criminal record and her guilty plea, the judge took into account the nature and extent of the fraud, the duration of the fraud, the amounts involved, and the fact that reimbursement was impossible. The underlying motivation remained greed, and the fact that there was abuse of a position of trust was also taken into consideration." [2] |
| R v Deutsch, [2005] OJ No 5542, 2005 CanLII 47598 (ONCA), per Moldaver JA |
ON | CA | 4 years | $54k | Summary of case is pending. |
| R v McKinnon, 2005 ABCA 8 (CanLII), per Côté JA |
AB | CA | 12 months | $61,000 | The offender plead guilty to fraud while acting as a bookkeeper. She had a prior prior related record. |
| R v Reshke, 2004 ABQB 418 (CanLII), per Moreau J |
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. |
| R v Williams, [2003] O.J. NO. 2202, 2003 CanLII 9650 (C.A.), per curiam |
ON | CA | 90 days + fine | ? | offender was senior manager in a position of trust, hired girlfriend without any authority to do so |
| R v Hayes, OJ No 4590 (Ont. C.A.)(*no CanLII links) |
ON | CA | 18 month CSO | $97006 and $29,994 | Summary of case is pending. |
| R v Inglis, 2002 BCPC 242 (CanLII), per Brecknell J |
BC | PC | 18 months CSO | $78,738.92 | employee defrauded bank employer over 2 years |
| R v Mastromonaco, [2002] OJ No 4612(*no CanLII links) |
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 |
| R v Desormeau, [2001] N.J. No. 341 (S.C.–T.D.)(*no CanLII links) |
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 |
| R v Bunn, 2000 SCC 9 (CanLII), [2000] 1 SCR 183, per Lamer CJ |
SCC | 2 years less a day | $86,000 | "The accused, a lawyer, defrauded some of his clients of $86,000, which he took from his trust account. First, the Court of Appeal of Manitoba quashed the two-year custodial sentence imposed at trial and ordered a conditional sentence of two years less one day, which was upheld by the Supreme Court. The accused had no criminal record. Three minority judges stated that ordering a conditional sentence excessively reduced the harshness of the sentence when it was important to insist on denunciation and general deterrence." [3] | |
| R v Murdock, [1980] NSJ No. 510, (1980), 42 N.S.R.(2d) 90 (CA) (*no CanLII links) |
NS | CA | 2 years | ”substantial” amount | offender ran company selling commodity options that were misleading--appeal from $5,000 + probation |
50k and less
| Case Name | Pr | Ct | Sentence | Amount | Summary |
|---|---|---|---|---|---|
| R v Blumenthal, 2019 NSSC 35 (CanLII) |
NS | SC | 2 years imprisonment | ~$33k | The offender was a used car saleman. |
| R v Burton, 2012 PECA 2 (CanLII), per Jenkins CJ |
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. |
| R v Kassam, 2017 ONSC 74 (CanLII), per Boswell J |
ON | SC | 3 years | Summary of case is pending. | |
| R v Gliddon, 2017 ABPC 38 (CanLII), per Fradsham J |
AB | PC | 2 years | $22, 493 | Summary of case is pending. |
| R v Taverner, 2017 ONCJ 469 (CanLII), per Bourgeois J |
ON | PC | 12 months | $47,045.41 | Summary of case is pending. |
| R v Biletsky, 2016 ABPC 261 (CanLII), per Barley J |
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."[2] |
| R v Drummond, 2016 CanLII 22609 (NL SCTD), per Goodridge J |
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. |
| R v Bernard, 2015 BCPC 107 (CanLII), per MacGregor J |
BC | PC | 4 years | over 10,000 | Summary of case is pending. |
| R v Elmadani, 2015 NSPC 65 (CanLII), per Derrick J |
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. |
| R v Lam, 2014 ABPC 90 (CanLII), per Lamoureux J |
AB | PC | 12 months 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." [4] |
| R v Dufour, 2014 QCCQ 9885 (CanLII), per Hudon J |
QC | 16 months CSO | $30,877 | "Over a two-year period, the accused defrauded her employer of $30,877 while working as a receptionist in a denturology clinic. She pleaded guilty, expressed regret, cooperated with the investigation, and displayed a willingness to undertake different types of therapy. Taking into account her abuse of a position of trust, the duration and amount of the fraud, the planned and repeated acts, and the lack of reimbursement, the Court imposed a sixteen-month sentence to be served in the community." [5] | |
| R v Steward, 2014 ABCA 125 (CanLII), per curiam |
AB | CA | 12 months | $10,000 | Summary of case is pending. |
| R v Cook, 2013 ABPC 6 (CanLII), per Semenuk J |
AB | PC | 6 months | $7,500 | The offender solicited charitable donations from people my misrepresenting himself as being a cancer patient. |
| R v Bullock, 2013 ABCA 44 (CanLII), per Berger JA (2:1) |
AB | CA | 8 months | $12,305 | The offender forged her name on numerous cheques. Joint recommendation. |
| R v MacDonald, 2013 ONSC 4872 (CanLII), per Mulligan J |
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. |
| R v Johal, 2012 BCPC 133 (CanLII), per Chen J |
BC | PC | 9 months | $6,000 | Summary of case is pending. |
| R v Hurlburt, 2012 NSSC 291 (CanLII), per MacAdam J |
NS | SC | 2 years less a day CSO | $24,000 | 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. "When he was a member of the Nova Scotia Legislative Assembly, the accused submitted four fraudulent claims over a period of two years. He pleaded guilty and the amount of the fraud was reimbursed. On the charges of fraud of $25,320.77 and breach of trust, the judge sentenced him to twelve months to be served in the community and twelve months’ probation." [6] |
| R v McGrath, 2012 CanLII 67732 (NL SCTD), per Halley J |
NL | SC | 7 months | $38,356.60 | offender defrauded the Brain injury Association over 51 transactions over a year. |
| R v Lavigne, 2011 ONSC 2938 (CanLII), per R Smith J |
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) |
| R v O’Brien, 2010 ONCJ 101 (CanLII), per Harris J |
ON | PC | 90 days (fraud) 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. |
| R v Everitt, 2010 YKTC 91 (CanLII), per Lilles J |
YK | SC | 12 months CSO | $38,300 | "When the accused was mayor of Dawson, Yukon, he misappropriated $38,300 over a period of eight years by submitting forged expense reports. He pleaded guilty to a charge of breach of trust, expressed remorse, and was suffering from health problems. The Court sentenced him to serve twelve months’ imprisonment to be served in the community and twelve months’ probation, also ordering him to pay full restitution." [7] |
| R v Rockett, 2009 PECA 7 (CanLII), per Murphy JA |
PE | CA | 60 months | $18,000 | Summary of case is pending. |
| R v Keller, 2009 ABCA 418 (CanLII), per Hunt JA |
AB | CA | 90 days | $6k | CSO overturned |
| R v Fayemi, 2009 BCPC 123 (CanLII), per Howard J |
BC | PC | Suspended Sentence | $15,000 | Summary of case is pending. |
| R v Upton, 2008 NSSC 360 (CanLII), per Beveridge J |
NS | SC | 3 years | $45,353.20 | 42 victims |
| R v Harvey, 2006 BCPC 444 (CanLII), per Chapman J |
BC | PC | 12 months CSO | $13,838.60 | "The mayor of the municipality of Vernon, British Columbia, pleaded guilty to breach of trust for using public funds to pay his personal expenses. The amount of the losses amounted to $13,838.60. The Court sentenced him to serve twelve months in the community along with one year of probation and to make restitution in the amount of $8588.60. He did not have a criminal record, recognized his wrongdoing, expressed remorse, and had himself paid damages of $5,250 to the city."[8] |
| R v Fitzpatrick, 2005 BCCA 314 (CanLII), per Newbury JA |
BC | CA | 6 months | $30,000 | false debit purchases |
| R v Davies, 2005 CanLII 63757 (ON CA), per Blair JA |
ON | CA | 12 months less a day (trust) 12 months CSO (fraud) |
$48,355.00 | Summary of case is pending. |
| R v Bradbury, 2004 NLCA 82 (CanLII), per Roberts JA |
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. |
| R v Kirk, 2004 CanLII 7197 (ON CA), per Charron and Lang JJA |
ON | CA | 12 months CSO | $42,000. | "The accused, a construction contractor, defrauded some of his clients of $42,000. The Court of Appeal for Ontario overturned a trial judgment imposing nine months’ detention, stating that there had been no abuse of a position of trust and that he presented no risk of reoffending. The accused had no criminal record. The Court substituted the sentence with a twelve-month conditional sentence, but upheld the restitution order of $42,000." [9] |
| R v Hewitt, 2004 NLSCTD 65 (CanLII), per Handrigan J |
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] |
| R v Pottie, 2003 NSSC 263 (CanLII), per Wright J |
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 |
| R v Williams, [2003] O.J. NO. 2202, 2003 CanLII 9650 (C.A.), per curiam |
ON | CA | 90 days + fine | ? | offender was senior manager in a position of trust, hired girlfriend without any authority to do so |
| R v Macdonald, 2001 NSCA 26 (CanLII), [2001] NSJ No. 51 (C.A.), per Cromwell JA |
NS | CA | probation (JR) | $32k | falsified 3 years of overtime--restitution--victim was agreeable with resolution |
| R v Zenovitch, 2001 YKSC 52 (CanLII), [2001] YJ No 105 (SC), per Veale J |
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 |
| R v Decoff, 2000 NSJ No. 224 (S.C.)(*no CanLII links) |
NS | SC | 18 month CSO | $44,000 | over 8 months, deposit manager took money, disabled spouse and young child |
| R v Berntson 2000 SKCA 47 (CanLII), per Tallis JA (2:1) |
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." |
| R v Adler 1999 CanLII 9438 (NB CA), per curiam |
NB | CA | 8 months CSO | $27,890 and $1,650 | Summary of case is pending. |
| R v MacEachern, 1999 CanLII 7062 (PE SCAD), [1999] P.E.I.J. No. 85 (C.A.), 1999 CanLII 7062 (PE SCAD), per Mitchell JA |
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 the government of $25,000-- in a position of trust. "The accused misappropriated $25,000 over three years while he was Deputy Minister of Agriculture for Prince Edward Island. On the charges of fraud and breach of trust, the Court of Appeal of that province increased the initial sentence of twelve months plus eight months’ probation imposed at trial to fifteen months to be served in the community and ordered him to make restitution of $25,000. The accused had a criminal record in similar matters."[10] |
| R v Quinlan 1999 CanLII 18952 (NL CA), (1999), 133 CCC (3d) 501 (Nfld. C.A.), 1999 CanLII 18952 (NL CA), per Marshall JA |
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 |
| R v . Oliver, 1997 CanLII 14658 (NL CA), [1997] N.J. No. 248 (C.A.), per Cameron JA |
NL | CA | 7 months CSO | $27,614 | bank clerk defrauded employer over 2 years--lost job as a result-- |
| R v Hiltz, 1989 CanLII 165 (NSCA), per Macdonald JA |
NS | CA | 3 months (time served) | $5,784.70 | Summary of case is pending. |
| R v Murdock, [1980] NSJ No. 510, (1980), 42 N.S.R.(2d) 90 (CA)(*no CanLII links) |
NS | CA | 2 years | ”substantial” amount | offender ran company selling commodity options that were misleading--appeal from $5,000 + probation |