Gracia Criminal Law Firm Calgary

Trust Fraud Results in rare CSO, instead of Jail

  • 4 June 2015
Charge(s):

CC: s. 380(1)(a) – Fraud over $5000

Allegations:

Over a period of 9 months, my client defrauded her employer of over $23,000 by falsifying the hours worked by herself as well as her husband. As a manager, she was entrusted to submit accurate overtime hours worked by the employees within her department. This crime was only was discovered after her husband called to inquire about a T4 slip that he received. He denied having worked at all during the timeframe in question. My client had also changed his banking details, so that his paychecks would be depositted directly into her own account, without his knowledge. This triggered a full internal investigation, which resulted in her termination and a criminal charge. When confronted by the president of the company, my client provided a full confession, which was recorded.

Result:

Following extensive resolution negotiations with the assigend Crown, my client received a Conditional Sentence Order. This is a highly unusual and extremely lenient sentence for this type of offence. Normally trust thefts, in this range, result in a jail sentence of approximately 1 year. In fact, soon after this offence date, the Criminal Code was amended to prevent trust frauds from qualifying for a CSO. Now, any person convicted of a trust fraud over $5000 is certainly facing a significant period of incarceration.…

Shoplifting Charge Withdrawn

  • 15 April 2015
Charge(s):

CC: s.334(b) – Theft Under $5000

Allegations:

My client stole some children’s clothing from a department store.

Result:

I negotiated a diversion to the Alternative Measures Program. After making a small charitable donation of $200 and writing a letter of apology to the store, the criminal charge was withdrawn. No criminal conviction.…

Prolific Thief Gets Away with Stealing a Large Plasma Television

  • 15 April 2015
Charge(s):

CC: s.334(b) – Theft Under $5000

Allegations:

My client stole a 51” Samsung Plasma TV from The Brick. A store employee recognized my client a few days later at a local drug store and tried to detain him with his friend as the police were called, but my client got away. The employee told police that my client picked up this large, heavy television, still in its box, and ran through the store to the warehouse bay door to a waiting car. The employee gave chase to the car, but they got away. A few days later, my client was arrested in a different stolen vehicle.

Result:

This matter was scheduled for trial. My client is disabled and incapable of lifting such a large and heavy television, let alone capable of running with it in his arms. I obtained from my client’s doctor a large volume of medical records supporting this theory. In addition, my client’s friend, who is currently a serving inmate at the Drumheller Penitientiary, provided a statement to police, wherein he alone accepted full responsibility for the theft. Despite serious doubts, and despite my client’s lengthy and related criminal record, which includes approximately 30 convictions, many of which are for thefts, frauds and robberies, the Crown conceded that in the circumstances there was no reasonable likelihood of a conviction and agreed to withdraw the charge. No criminal conviction.…

Break and Enter Charges Reduced to Mischief and a Discharge

  • 15 April 2015
Charge(s):

CC: s.348(1)(a) – Break and Enter with Intent to Commit an Indictable Offence, s.355(b) – Possession of Stolen Property

Allegations:

My client and a couple of other youths stole a key to their school from a teacher. They broke into the school and rummaged through numerous classrooms, stealing a few items.

Result:

On the day of trial, I persuaded the Crown to withdraw the B&E charge and accept a plea to only the PSP charge. My client was granted a conditional discharge. After completing 20 hours of community service, the criminal charges will be withdrawn. No criminal record.…

B&E and PSP Charges Withdrawn

  • 15 April 2015
Charge(s):

CC: s.348(1)(a) – Break and Enter with Intent to Commit an Indictable Offence, s.355(b) – Possession of Stolen Property

Allegations:

My client and a couple of other youths stole a key to their school from a teacher. They broke into the school and rummaged through numerous classrooms, stealing a few items.

Result:

On the day of trial, I persuaded the Crown to withdraw the B&E charge and accept a plea to only the PSP charge. My client was granted a conditional discharge. After completing 20 hours of community service, the criminal charges will be withdrawn. No criminal record.…

Charges Withdrawn for Theft from Mail

  • 15 April 2015
Charge(s):

CC: s.334(b) – Theft

Allegations:

My clients kept a package that was delivered to their residence, but intended for their former tenant. They opened it and took the contents, including: cash, clothing, food, electronics, photographs and other items.

Result:

I negotiated a referral to the Alternative Measures Program for both clients. Upon payment of a small charitable donation, the charges against both of them were withdrawn. No criminal convictions.…

Charges Dropped in $122,000 Fraud

  • 15 April 2015
Charge(s):

CC: s.380(1)(a) – Fraud over $5000; WCA: s.152(1) – Providing False or Misleading Information

Allegations:

My client was accused of providing false information to the Worker’s Compensation Board regarding her inability to work, following an historical event, which occurred at her workplace. WCB was seeking compensation in the amount of nearly $122,000.

Result:

This matter was destined for a judge and jury trial. On the eve of a week-long Preliminary Inquiry, the Crown stayed all charges (withdrawn). No compensation required. No criminal convictions.…

Theft Charge Withdrawn at Trial

  • 15 April 2015
Charge(s):

CC: s.334(b) – Theft

Allegations:

My client and her friend were caught with a sweater that had been stolen from the lockers at the local pool. Both accused the other of taking it.

Result:

My client refused the Crown’s offer to divert her to the Extra-Judicial Sanctions program, insisting on her innocence. On the day of trial, the Crown withdrew the charge. No criminal conviction.…

$50 fine for 6th Theft Conviction

  • 15 April 2015
Charge(s):

CC: s. 334(b) – Theft under $5000

Allegations:

My client was recognized by a loss prevention officer as she entered the store. She was observed to place several items inside her bag and then exit the store without paying.

Result:

She had several prior convictions, including 2 frauds, one impersonation, and 3 thefts. Ordinarily this additional conviction would have resulted in a period of incarceration. However, I was able to negotiate a mere fine of only $50.…

CSO on Massive Grow-Op

  • 15 April 2015
Charge(s):

CDSA: s. 7(1) – Production of Marijuana in Excess of 3 kg., s. 5(2) – Possession of Marijuana for the Purpose of Trafficking, s. 4(1) – Possession of Marijuana; CC: s. 326(1)(a) – Theft of Electricity, s. 334(b) – Theft of Water.

Allegations:

My client was house-sitting a residence where an elaborate marijuana grow operation was occurring. The police found nearly 2000 marijuana plants, with an estimated value of almost 2.5 million dollars.

Result:

After a Preliminary Inquiry, and on the eve of a Judge and Jury Trial, the Crown offered a CSO (conditional sentence order), which my client accepted. He was placed on probation for a period of 18 months, with a curfew for the first 12 months. No jail.…

Gracia Criminal Law Firm Calgary
Gracia Law Firm
100, 111 - 5th Avenue SW Calgary, Alberta T2P 3Y6
Phone: (403) 975-4529 URL of Map