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Multiple counts of Possession and Trafficking of Stolen Goods withdrawn mid-trial, Bradford. S.S. was charged with 32 counts of Theft Over, Possession Over, and Trafficking in Stolen Goods. In January 2021 to May 2022, police commenced an investigation into a string of property related thefts targeting construction sites and thefts of heavy diesel equipment such as excavators worth over $500,000. The thefts were taking place across the G.T.A. and central Ontario. As a result of the investigation, S.S. and other accused parties were identified, and a number of Judicial Authorizations were granted. Production Orders including phone records were utilized and provided evidence of the S.S.’s involvement in the alleged crimes. S.S. retained Michael Bury of Neuberger & Partners LLP to represent him. The matter proceeded to trial and despite some evidence connecting S.S. to the allegations, Michael Bury successfully cross-examined the detective in charge at length to demonstrate the weakness of the Crown’s case. After extensive discussions with the Crown following the cross-examinations, the Crown conceded the weakness of its case against S.S. and agreed to withdraw all charges, despite the fact the trial had already commenced.
X.C. was charged with Fraud Under $5,000 out of Toronto courthouse. X.C. was looking at deals to book a hotel in downtown Toronto. X.C. found an agent through WeChat that offered her to use hotel points and save significantly on the hotel costs. X.C. agreed and went on to stay at a hotel in downtown Toronto. While there, an owner of the hotel points contacted the hotel and advised that she has not authorized the use of her hotel points. X.C. was arrested for illegally using the hotel points to stay at the hotel. X.C. retained Mariya Protsenko and Daisy Zhang of Neuberger and Partners LLP. Mariya and Daisy went through WeChat messages and organized them for the Crown Attorney. Furthermore, Mariya and Daisy put together a package that included X.C.’s background, her excellent grades, future aspirations and reference letters. Together with the WeChat messages and carefully drafted X.C.’s version of events, a package was presented to the Crown Attorney. After X.C. made a restitution to the hotel, the charge of Fraud Under was withdrawn.
Charges of Fraud Over $5,000.00 x 2, Utter Forged Document x 2 and Obtain Credit under False Presences all withdrawn prior to setting a trial date in Newmarket. Both individuals were starting a business and were approached by a financial broker to assist with equipment financing and grants. The broker seemed perfectly professional and assisted J.C. and K.D. to obtain various grants and loans to assist with the business startup. The business became a success and expanded. The broker took a percentage of the financing and then years passed. An OPP investigation into the broker in question uncovered that all supporting documentation had been falsified to obtain the said loans and grants. J.C. and K.D. were identified as allegedly part of the scheme to defraud the government and banks. Joseph Neuberger and Mariya Protsenko, Neuberger & Partners LLP, York Region Criminal Lawyers, were retained to defend the charges. After obtaining the disclosure, including co-accused statements, and the source documents for the loans and grants, Joseph Neuberger and Mariya Protsenko, engaged in multiple meetings with the clients and then the assigned Crown to sort out where the supporting information came from. Eventually, the defence established that the documentation completed was subsequently altered by the broker and the defence obtained hundreds of text messages between the clients and the broker to establish the broker was misleading them and likely many other people she had approached. After providing important defence disclosure to the Crown, all charges were withdrawn.
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.
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.
The client was charged with Theft Under $5,000 out of Newmarket courthouse. It was the second time he had been charged. The client retained Mariya Protsenko of Neuberger & Partners LLP to defend him. Mariya Protsenko put together information about the client, a letter of apology, a cheque to a charity organization and had numerous discussions with the assigned Crown Attorney. As a result, the charge against the client was withdrawn.
N.G. was charged with Theft Under $5,000. She mistakenly walked out of the store with the store’s coat on her arm. The store’s security officer detained N.G. which left bruises on her arms. Later on police arrested and charged her. N.G. only spoke Mandarin. She retained counsel Mariya Protsenko and paralegal Daisy Zhang of Neuberger & Partners LLP. Together Mariya and Daisy drafted the client’s version of events and obtained photos of the bruises from the client. Mariya conducted a pre-trial with the Crown Attorney and the Crown agreed to withdrawn charge.
Charges of Assault and Theft Under withdrawn prior to setting trial date, Barrie, Ontario. It was alleged that A.L. was walking from a party while under the influence of alcohol. Furthermore, A,L. saw a person smoke a cigarette on the porch. A.L. wanted to borrow a cigarette but the person at the porch refused. The altercation ensured where A.L. allegedly kicked and hit the person on the porch. A neighbour called 911 and police arrived. What complicated the matter was that A.L. had a serious criminal record. A.L. hired Mariya Protsenko of Neuberger & Partner, Toronto Criminal Lawyers, to represent him. Mariya conducted extensive pre-trials with the prosecutor and then a Judicial pre-trial. Mariya convinced the prosecutor to withdraw the charges after the client completed 4 counselling sessions. Upon entering into a peace bond, all charges against A.L. were withdrawn.
Charges of Fraud Over, Conspiracy to Commit Fraud, Proceeds of Crime, Possession of Stolen Property and Obtain Credit by False Pretences, withdrawn prior to setting a trial date. The client was hired by an alleged building contractor and his job was to order materials and equipment for projects. The client was paid in cash and went made orders at various businesses across Ontario including Kingston, Belleville, Toronto and Newmarket. Partial payments were made for the materials, and all invoices were made out to M.S. Thus, M.S. was legally obligated to pay for the materials and equipment. M.S. delivered to his employer who then paid M.S. in cash for his work. The invoices were never paid, and the materials and equipment were sold. M.S. was eventually charged as being willfully blind as to the scheme to defraud numerous businesses. Joseph Neuberger and John Navarrete were retained as the criminal defence lawyers. After obtaining disclosure, it appeared that M.S. attempted to explain his situation and assist the police. In addition interviews with the complainant yielded concerns as to his level of understanding of how he was used in the scheme and an expert psychologist was retained to assess M.S. The report demonstrated certain cognitive defects that impacted M.S.’s vulnerability to be influenced and manipulated by the more sophisticated operators of the Fraud. A restitution order was made and all charges withdrawn.
Client charged with Fraud Over after having received over $350,000 in loans from 9 individuals in an alleged Ponzi Scheme. The client retained John Navarrete of Neuberger & Partners LLP to represent him on these serious charges. Mr. Navarrete set out a strategy beginning at the preliminary inquiry to the judge alone trial in Superior Court in Brampton demonstrating that loans were legitimate, no representations or deceit were made in obtaining the funds, and that the Crown could not prove that the client gambled the funds received away. Ultimately, the client was acquitted of all charges after the trial.
Past results are not necessarily indicative of future results and that the amount recovered and other litigation outcomes will vary according to the facts in individual cases.
