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Regina v. K.Z. (2022)

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Client found not guilty of seven counts of Fraud Over $5,000.00 and seven counts of Possession of Stolen Property over $5,000.00 after a five-day trial in the Ontario Court of Justice, Toronto. K.Z. was working with a car exporting company and was alleged to have defrauded seven people of funds when they were allegedly used to purchase Mercedes Ben vehicles that were transferred in ownership to the exporting company and then sent overseas. K.Z. allegedly had the seven complainants purchase the vehicles, finance them, and then turn them over to him with the understanding he would pay out the loans before the vehicles were exported. Christopher Assie of Neuberger & Partners LLP, Toronto Criminal Lawyers, was retained to defend K.Z. At trial, each complainant could not establish that they were not paid for their assistance in obtaining the cars and that their loans were to be paid by K.Z. K.Z. was merely an employee of the export company who was the main party to the agreement with each complainant. Cross-examination focused on the agreements, the details, who was the signatory, and what funds were paid to the complainants. In addition, through cross-examination each complainant reluctantly agreed that they were aware of the risk but wanted to make money for assisting. Each were paid a fee to assist. Further, identification was an issue as K.Z. had only dealt with two of the complainants whereas the other seven appeared to have deal with the owner of the export company. After detailed written closing submissions, the Crown conceded a not guilty finding and K.Z. was found not guilty on all charges of Fraud Over and Possession Over.

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