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Regina v. S.K. (2022)

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Charges of Fraud over $5,000.00 withdrawn during pre-trial discussions, Brampton. S.K. entered into an investment deal with the complainant and another party for the purchase of two plots of land for development of residential homes. The deal was just under $1,000,000.00. Funds were transferred to a holding company controlled by the third party. Land was purchased but the funds were used for the purchase of a third property and no construction financing was obtained and no construction commenced. The complainant commenced civil litigation but when no settlement was reached went to the police and S.K. was charges with Fraud Over $5,000.00. Joseph Neuberger of Neuberger & Partners LLP, Toronto Criminal Lawyers, was retained to defend the charge. Joseph Neuberger obtained all of the civil litigation documents and proceedings. The investment agreement between the complainant, herself and the third party, was in fact deficient as to stipulations for the purpose of the advance of the $1,000,000 investment. It clearly contemplated the purchase of land and development but DID NOT mandate S.K. or the holding company seek financing and commence construction. In fact, upon the defence reading of the agreements, the funds could have been used for the purchase of other land. Joseph Neuberger worked with the civil lawyer acting for S.K. to try and settle the civil action. The civil action was settlement, and the signed release was then sent to the assigned Crown on the criminal prosecution. Joseph Neuberger then conducted a further judicial pre-trial, and with the interpretation of the agreement and the settlement, the Crown agreed to withdraw the fraud over charge.

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