Theft and Fraud Charges

Theft and Fraud charges are generally split into offences that involve allegations of over $5,000.00 and under $5,000.00. The amount of alleged loss will have an impact on whether the prosecutor proceeds by Summary Conviction or Indictment and can dramatically affect the sentences that may be handed out upon conviction.

Online schemes and offences involving the use of credit card data that has been stolen or skimmed also falls under this category of charge. Identity theft has become a massive issue in the digital age and has opened up a variety of new charges that are being prosecuted under the Criminal Code often leading to lengthy jail sentences.

Case Results

R. v. J.F. [2017]
Client was arrested at the border for not declaring an expensive watch that had been purchased while abroad. Case was sent to the CBSA investigators to determine if criminal charges would be pursued. Mr. Shapray was retained to deal with the investigators and was successful in working with them to NOT pursue criminal charges and release the watch upon payment of civil fines and duties – NO CHARGE.

NO CHARGE.

R. v. N.P. [2017]
Client charged with smuggling under the Customs Act and other charges under the Explosives Act in relation to the non-declaration of illegal firecrackers when crossing the border from Washington State into British Columbia. Negotiations by Mr. Shapray led to a plea resolution where the Explosives Act charges were DROPPED and there was a plea to a single charge under the Customs Act. Contested sentencing led to the client receiving a Conditional Discharge and NO CRIMINAL RECORD.

CONDITIONAL DISCHARGE - NO CRIMINAL RECORD.

R. v. L.O. [2017]
Client charged with fraud and possession of fake identification documents in relation to incident at a bank where he attempted to open a bank account using a fake name. Mr. Shapray made submissions to the prosecutor during the early stages of the proceedings regarding the lack of evidence to support the fraud charge which resulted in a resolution of the case focused on the false identification documents. Sentencing submissions resulted in client receiving a CONDITIONAL DISCHARGE – NO CRIMINAL RECORD.

CONDITIONAL DISCHARGE - NO CRIMINAL RECORD.

R. v. P.F. [2016]
Mr. Shapray was retained by Client who was under investigation by police for fraud involving allegation that client had overbilled insurance company for services that were not provided. Mr. Shapray entered into negotiations directly with the insurance company resulting in settlement which led to police deciding NOT TO LAY CHARGES – CASE CLOSED.

NO CHARGES - CASE CLOSED.

R. v. C.P. [2015]
Client from out of Province found out about a B.C. Warrant for dated Fraud Charges against employer. Mr. Shapray was able to arrange to have the warrant dealt with in court without client having to travel back to B.C. and go into custody. Case delayed by Mr. Shapray to permit client to make restitution and sentencing hearing resulted in client receiving a Suspended Sentence and Probation – NO JAIL TIME.

SUSPENDED SENTENCE AND PROBATION - NO JAIL TIME.

R. v. D.B. [2016]
Client charged with credit card fraud in relation to allegations of gift certificate fraud at local sporting goods store. Evidence in relation to involvement of client was weak and submissions by Mr. Shapray to the prosecutor led to charges being DROPPED prior to trial with Co-accused pleading guilty.

CHARGES DROPPED.

R. v. M.O. [2014]
Client was charged with assault and theft arising out of an incident at a retail store in Kelowna. Client insisted that he was not present at the time of the alleged offence and that they had the "wrong guy". Mr. Shapray strategically approached the Crown prosecutor with proof that his client was not even in Kelowna at the time of the incident leading to the prosecutor asking police to do follow up investigation. Through fingerprint analysis, the police determined that the client was NOT THE GUY and the charges were DROPPED before trial.

CHARGES DROPPED.

R. v. H.B. [2014]
Client charges with Mischief in high profile case involving the cutting down and trimming of trees in a public park. Mr. Shapray successfully quarterbacked a protracted negotiation and resolution of the criminal and civil case. Criminal charges resolved with extensive submissions on sentencing which resulted in client being granted an ABSOLUTE DISCHARGE and thus ending up with NO CRIMINAL RECORD.

ABSOLUTE DISCHARGE - NO CRIMINAL RECORD

R. v. F.H. [2014]
Charges DROPPED against client charged with theft for price tag changing at local department store - Alternative Measures - NO CRIMINAL RECORD.

NO CRIMINAL RECORD

R. v. J.D. [2014]
Case involving multiple charges of Uttering Threats resolved through negotiation with a PEACE BOND - NO CRIMINAL RECORD.

PEACE BOND - NO CRIMINAL RECORD

R. v. C.P. [2014]
Charges of fraud and identity theft involving allegations of use of a stolen credit card DROPPED prior to trial after deficiencies in the prosecutor's case raised by Mr. Shapray – NO CRIMINAL RECORD.

NO CRIMINAL RECORD

R. v. M.R. [2013]
Client charged with fraud in relation to expenditure issues while employed for a City in the Lower Mainland. Mr. Shapray negotiated a resolution involving partial restitution of amount alleged to have been taken. Client also received Conditional Sentence from Judge after sentencing submissions.

PARTIAL RESTITUTION AND CONDITIONAL SENTENCE.