R. v. M.F. – Surrey Provincial Court

Charge: Health insurance fraud investigation.

Issue: Given our client’s civil settlement of the alleged false insurance claims. whether there was any public interest in proceeding with criminal charges.

Result: Mr. Gauthier was able to negotiate an appropriate civil settlement and repayment to the employer. No criminal prosecution.

R. v. J.M. – Abbotsford Provincial Court

Charge: Health insurance fraud investigation.

Issue: Given our client’s civil settlement of the alleged false insurance claims. whether there was any public interest in proceeding with criminal charges.

Result: Mr. Mines was able to negotiate an appropriate civil settlement and repayment to the employer. No criminal prosecution.

R. v. N.S. – Vancouver Provincial Court

Charge: Theft under $5000 (shoplifting).

Issue: Given our client’s background and remorse, whether it was in the public interest to proceed with a criminal prosecution.

Result: Mr. mines was able to persuade Crown counsel to admit our client into the Alternative Measures program. Upon completion, Crown counsel entered a stay of proceedings, bringing the matter to an end. No criminal conviction.

R. v. N.S. – Vancouver Provincial Court

Charges: Theft Under $5,000 (shoplifting).

Issue: Given our client’s background, was it in the public interest to proceed with the criminal prosecution.

Result: Mr. Mines was able to persuade Crown counsel to allow our client into the Alternative Measures Program and, upon our client’s completion of the program, Crown entered a stay of proceedings. No criminal record.

R. v. C.G. – Vancouver Provincial Court

Charges: Fraud (in the range of $50,000).

Issue: Based on information Mr. Gauthier was able to provide to the civil investigators about our client’s personal circumstances, whether it was in the public interest to proceed with a criminal prosecution.

Result: Mr. Gauthier was able to settle the matter civilly on our client’s behalf. No charges were recommended. No criminal record.

R. v. A.B. – Richmond Provincial Court

Charge: Theft Under $5000.

Issue: Whether there was a substantial likelihood of a conviction and whether it was in the public interest to proceed with the prosecution.

Result: After considering Mr. Gauthier’s representations regarding the evidence and our client’s circumstances, Crown withdrew the charge. No criminal record.

R. v. M.M. – North Vancouver Provincial Court

Charges: Theft Under $5000 (shoplifting).

Issue: Whether it was in the public interest to proceed with a criminal prosecution in this $900 shoplifting case.

Result: Mr. Mines was able to provide information to Crown counsel about our client’s personal circumstances, resulting in Crown referring our client to the Alternative Measures program. No criminal record.

R. v. J.Z. & Q.M. – Insurance Fraud Investigation

Charges: Fraud Over $5,000.

Issue: Whether our client’s were responsible for approximately $15,000 in false claims unknowingly made in their names by a health care provider.

Result: Mr. Gauthier was able to settle with the insurance provider. No criminal charges were forwarded against our clients. Mr. Gauthier was also able to assist with the first steps of recovering the funds from the dishonest health care provider. No criminal record.

R. v. E.N. – North Vancouver Provincial Court

Charge: Fraud Under $5000.

Issue: Given the information Mr. Gauthier provided to Crown counsel regarding our client’s personal circumstances and the circumstances of the alleged offence, whether it was appropriate to proceed with a criminal prosecution.

Result: Mr. Gauthier was able to persuade Crown that there was no substantial likelihood of a conviction resulting ultimately in Crown declining to approve a charge. No criminal record.

R. v. A.L. – Vancouver Provincial Court

Charges: Tax Evasion (Excise Tax Act); Fraud Over $5000 x2.

Issue: Given our client’s cooperation with the investigation, his civil settlement and his genuine remorse, whether a jail sentence was appropriate for this almost one million dollar tax evasion case.

Result: Mr. Mines was able to provide medical and financial information to Crown counsel that ultimately led Crown to proceed on the fraud charges rather than seeking an almost one million dollar mandatory fine under the Excise Tax Act. The Court accepted the joint submission for a 2 year less a day conditional sentence and probation. No jail.

R. v. T.C. – Fraud Over $5000 Investigation

Charge: Fraud Over $5000.

Issue: Given the civil settlement of this $245,000 misappropriation from employer case, whether there was any interest in pursuing  a criminal investigation and prosecution.

Result: Mr. Johnston was able to negotiate a civil settlement and obtained a Final Release from the complainant. No criminal investigation occurred. No risk of jail or criminal prosecution.

R. v. S.R. – Insurance Fraud Investigation

Charge: Insurance fraud over $5000 investigation.

Issue: Given our client’s rehabilitation and repayment of disputed funds, whether it was in the public interest to proceed with a criminal prosecution.

Result: Mr. Gauthier was able to persuade the Insurance company to settle the matter on a civil basis. No criminal charges were forwarded. No criminal record.