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Fraud, Theft, Breach of Trust, and Financial Crimes

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Fraud, Theft, Breach of Trust, and Financial Crimes

Regina v. M.K. (2016)

Charges of Theft Over $5,000.00 and Breach of Trust withdrawn prior to trial. M.K. was a distribution manager for a sport equipment manufacturer. He was alleged to have removed several thousand dollars of merchandise from the distribution centre. There was video surveillance showing on one day that M.K. removed a number of boxes in a suspicious manner for which the company and the Crown asserted were boxes of the stolen merchandise. Defence lawyer Joseph Neuberger sought disclosure of all inventory lists before and after the alleged theft and particulars of what exact items are alleged to have be stolen. The complainant company could only produce one set of inventory that they stated was the missing merchandise but the listing was weeks before the equipment went missing and no documents to establish inventory control. Defence lawyer Joseph Neuberger asserted that the Crown could not in any way prove the actual merchandise stolen. A trial of seven days was set. Prior to the trial a new Crown was assigned to the file and after a proper review agreed with the defence position and all charges were withdrawn.

Regina v. X.G. (2016)

Charges of Utter Forged Credit Card, and Fraud Under $5,000.00 withdrawn after extensive pre-trial discussions with the Crown. X.G. was a student from China living in Canada on her own. An older lady had befriended her via WeChat and convinced her to use a credit card to purchase a very expensive bottle of cognac from the LCBO. When the credit card was discovered to be forged, X.G. got scared and ran from the store. Defence lawyer Joseph Neuberger was convinced that his client was lonely and taken advantage of by an older person who X.G. viewed as a friend and parental figure. X.G. attended counselling where is it was learned that she was extremely lonely and had great difficulty in saying no to people. In addition, Joseph Neuberger had the client complete 45 hours of community service. After several pre-trials and a judicial pre-trial, the Crown withdrew the charges as it was not in the public interest to prosecute the case. The Crown agreed with the therapy report and thus withdrew the charges.

Regina v. X.L. (2016)

Charges of Utter Death Threats x 4 withdrawn prior to trial. The complainant was in a bitter custody dispute with her former husband. The day prior to the alleged threatening conduct, her father passed away. Due to a verbal argument in which a threat was made about obtaining sole custody, the complainant allegedly uttered a number of threats. Although the threats were actually uttered, given the history, and the circumstances, there was little objective reality to the complainant actually meaning to carry through any of the threats. The client attended therapy sessions and did very well in therapy. Defence lawyer Joseph Neuberger provided the Crown with the report, numerous character letters and negotiated a withdrawal of all charges.

Regina v. S.N. (2016)

Charges of Theft and Fraud withdrawn after extensive pre-trials. The client was alleged to have forged a number of gift cards and then stole items in an ongoing scheme from various high end stores. Defence lawyer, Joseph Neuberger obtained surveillance footage from a number of the stores which did not show any thefts as alleged and in fact for items seized by police from the client’s car, there was no warrant. A resolution was worked out for 40 hours of community service and all charges were withdrawn.

R. v. M.K. (2014)

Client was charged with various counts of fraud resulting from an allegation that the client had squandered funds entrusted to him by his employer in his capacity as manager of one of the employer’s construction sites. The allegation was that the client had used company funds to purchase personal items in the amount of $15,000. After reviewing the voluminous disclosure in preparation for an upcoming preliminary hearing at the Ontario Court of Justice in Newmarket, Mr. Navarrete met with the Crown Attorney and provided him with various receipts, emails and company policies that brought into question the claims made by the employer. As a result, the Crown Attorney’s office withdrew all the charges against the client.

R. v. G(S.) 2013

Client charged with fraud and breach of trust as a result of an investigation by the Ontario Provincial Police. At the commencement of the preliminary hearing, after discussions with Neuberger & Partners, all charges are withdrawn.

Regina v. C (N) 2013

The client was charged with making false declarations under the Customs Act as a result of the seizure of a luxury automobile by Canada Border Services at the Canada US Border. Neuberger & Partners applied at trial to exclude evidence seized from the client on his cell phone, which was examined while the client was not detained or under investigation. After Neuberger & Partners cross-examined the officer who seized the phone, the Crown stayed all charges.

Regina v. P.H. (2013)

Charges of Fraud Over $5000.00 and Conspiracy to Commit Fraud withdrawn prior to the commencement of the preliminary hearing. P.H. was alleged to have used false information, including false financial statements, financing agreements and equipment leases to obtain a business loan of approximately $350,000.00. Defence lawyer Joseph Neuberger was able to establish through extensive discussions with the Crown as the loan remained in good standing at the time that the charges were laid and in fact, the bank manager had not only approved the loan but noted in documents to have confirmed the financial statements and validity of the equipment leases. Accordingly, all charges were withdrawn.

H(T) 2012

Client charged with Possession of forged credit cards, and possession of instruments of credit card fraud. Neuberger & Partners challenged the search warrant, and method of search by the Durham Police into the client’s house. On the eve of the preliminary hearing the Crown withdrew all charges against the client and returned $26,000.00 in currency seized in the client’s house.

Regina v. B.M. (2012)

Charges of Utter Forged Document, Fraud Over $5000.00, and Obtain Credit by False Pretense, were withdrawn in court prior to setting a trial date. The client was alleged to have conspired with others to obtain funds from two banks on the basis of false financial documents. Defence lawyer Joseph Neuberger was able to establish that B.M. was not the author of any of the supporting financial documents and that there was insufficient evidence to link him to the alleged transactions. Accordingly, the 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.

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