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Client charged with Theft Over $5,000 after having been caught in possession of a stolen mini-tractor. Mr. Navarrete discussed with the Crown the weaknesses in their case, specifically the lack of knowledge or the ability to prove that client knew the tractor was stolen given the passage of time from its original date of theft. Mr. Navarrete also provided stellar character references and a statutory declaration which culminated in the criminal charge being withdrawn against the client.
Client was charged with theft under $5,000 after being caught on video surveillance at a grocery store for stealing a significant amount of baby formula. Mr. Navarrete had the client perform some volunteering hours, attend some counselling and then provided the Crown Attorney’s office in Newmarket with other materials in order to show the Crown that continuing the prosecution was not in public interest. Criminal charge withdrawn.
Charges of Fraud Over $5,000.00 withdrawn prior to trial, Ontario Court of Justice, Newmarket. Y.L. and H.S. decided that they wanted to purchase a Porsche. They attended Porsche and although they qualified financially they required a co-signer due to their age. H.S. searched on WeChat and found a person who offered to be a co-signer for a fee. Y.L and H.S. used the co-signer and the co-signer attended Porsche and signed the papers. It was discovered that the co-signer was using fraudulent identification and account information for the financing. Y.L. and H.S. were charged with conspiring to defraud Porsche. Joseph Neuberger was retained as the Criminal Defence Lawyer. Joseph Neuberger requested a very detailed list of disclosure including the financing agreement; internal checks at Porsche for the original authorization of the co-signer; a statement from the financial advisor and other source documents. The defence alleged that there was nothing illegal about the clients paying a co-signer as long as Y.L. and H.S. were financially viable and capable of paying for the vehicle and had no knowledge of the co-signer presenting fraudulent information. In addition, the defence sought evidence/particulars of how the Crown could prove Y.L. and H.S. knew or were willfully blind as to the co-signer using fraudulent information. Joseph Neuberger and Mariya Protsenko reviewed over 700 pages of information and discovered that in fact the co-signer attended Porsche on a different date, yet the agreement of purchase and sale was dated the same date as Y.L. and H.S. attended. It was further discovered that the co-signer was involved in a large scheme completely unrelated to Y.L. and H.S. – which seemed to be rather obvious as Y.L. and H.S. were duped by the co-signer. As such, a proposal was put forth for Y.L. and H.S. to draft and sign Affidavits to the effect of their lack of knowledge of any fraud and were not cooperating with the co-signer. The Affidavits were drafted and provided to the Crown. The charges of Fraud Over $5,000.00 were withdrawn.
Charges of Theft Under x 4, Fraud Under x 4, Traffic in fraudulent credit card data x 4 and Utter forged Documents, all withdrawn in the Ontario Court of Justice, Newmarket, after extensive pre-trials. J.B. was charged with fraudulent related offences arising from the use and theft of money and credit information from co-workers at his employment. Joseph Neuberger was retained as the criminal defence lawyer. Joseph Neuberger interviewed J.B. and it was apparent that at the time of the alleged offences, J.B. was heavily using alcohol and drugs, in likely an effort to self-medicate related to an underlying mental health issue. A forensic psychologist and a forensic psychiatrist were retained to conduct therapy and a full assessment. The assessments noted that J.B. was suffering a psychosis prior to and at the time of the offences. All reports were turned over to the Crown with extensive medical records. After numerous pre-trials with the assigned Crown a plan was set out for continued therapy and then if successful in therapy for J.B. to sign a common law peace bond and all charges withdrawn. J.B. did well in therapy and treatment. Accordingly, all charges were withdrawn.
Charge of Fraud Over and Theft Under withdrawn after the prosecutor found no reasonable prospect of conviction, Ontario Court of Justice, Toronto. The complainant, a friend of A.K., made a statement to police that A.K. used his credit card without authorization to make large purchases. The complainant made further allegations that A.K. never delivered an expensive item to the complainant. Mariya Protsenko of Neuberger & Partners was retained by the client on this matter. Mariya carefully reviewed disclosure that was provided and requested from the client all correspondence about the transaction as between the client and the complainant. Mariya conducted a pre-trial with the prosecutor where she explained to the prosecutor that given the correspondence between A.K. and the complainant, the prosecutor will not be able to make out the elements of offence. After multiple follow ups with the prosecutor, the prosecutor agreed to withdraw the charges of Fraud and theft as there was no reasonable prospect of conviction.
Charges of Counterfeiting mark – sell/possess x 6, Fraud Under x 5, Utter Forged Document x 6, Possession and Sale of identify documents x 6, and Possession of Property Obtained by Crime x 5, withdrawn prior to setting a date for trial, Ontario Court of Justice, Oshawa. The client was alleged to be involved in a scheme to use counterfeit bonds, and other financial instruments over a period of several weeks. Joseph Neuberger was retained as the defence lawyer. Defence lawyer Joseph Neuberger retained a defence expert to assess various disclosed documents and the items seized from the client. A number of documents turned out to not have been related to the Counterfeit mark seized from the client and through a greater investigation of the scheme, S.O.E. appeared to have been duped by a childhood friend into cashing the fraudulent financial instruments. A defence designed rehabilitation program was put into place for S.O.E. to complete and when presented to the Crown with the additional evidence from the defence, the Crown agreed to withdraw all charges.
Charge of Extortion withdrawn after extensive pre-trial negotiations. A.M. operated a high end contract valet and limousine service. His contract was terminated by a certain high end hotel and the client was charged after he sent a video to the company about cash payments to the manager of the hotel. The alleged extortion was to expose cash payments unless his contract was reinstated. Defence lawyer Joseph Neuberger was retained to defend the charge. Joseph Neuberger conducted a detailed defence investigation and there were videos of numerous cash payments totaling over $200,000. The client was directed to a civil litigation lawyer by Joseph Neuberger to commence an action for breach of contract and that all payments were commission for the agreement. In fact A.M. paid the cash funds as commission for the agreement and it was to the knowledge of the hotel. During the criminal and civil proceedings crucial evidence emerged to assist the defence. After detailed discussions about the implications of such evidence and the fact that the hotel failed to cooperate with the police investigation, the charge was withdrawn.
Charges of Fraud Over and Breach of Trust withdrawn after extensive negotiations with the Crown. Defence lawyer Joseph Neuberger was retained as the defence lawyer. B.L. was a manager at store and was alleged to have conspired with a customer and other employees to set up false sales and to provide cells phones for cash. Full restitution was made and due to extenuating circumstances the Crown agreed to withdraw the charges.
Charges of Fraud Under $5,000 x 3 withdrawn. Criminal defence lawyer Christopher Assie was retained. R.K. was alleged to have operating a fake lending service over the internet that required prospective borrowers to pay administrative fees to process their loan applications. The complainants in the case were residents of another province. On the morning of trial, the defence learned of potentially exculpatory disclosure that the police had failed to provide. The defence advised the Crown that he would be seeking an adjournment of the trial on the grounds of failure of the police to disclose important evidence and would bring a stay application at a future date. The Crown conceded the failures on the part of the police and withdrew the charges.
Charges of Fraud Under, Attempt Theft Under, Utter Forged Documents x 2 and Fraudulent use of Credit Card x 2 withdrawn prior to setting trial dates. The client was alleged to have transferred credit card information from another person and used the fraudulent information to a number of purchases at various stores. The Crown was originally seeking a conviction and a probation order. The client was a Visa student and any finding of guilt would have resulted in the client being removed from the country. Defence lawyer Mariya Protsenko sent the client for therapy as the client had expressed considerable stress from being ain Canada alone and from his studies. In addition, the client was instructed to complete 15 hours of community service. After extensive negotiations, the Crown agreed with defence counsel that there were mitigating circumstances as the report did show the client exercised poor judgement but within the context of situational depression and anxiety and in light of the report and community service, all charges were withdrawn.
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.
