Fraud Of Employer, Over $5000 ($11,000.00)
Conditional Discharge (No criminal conviction)
Michael Z. worked at an Esso gas station. One day a co-worker provided him with a gas card that had been left behind by a delivery truck driver. The colleague indicated that he had been using the card when customers paid cash (to pocket the cash and swipe the card). Sami then decided to try this trick with the card; he ended up taking about $1,000.00 in cash.
Eventually the police investigated and arrested the client and accused him of $11,000.00 of fraud. When the client came to see Mr. Anber, he was not able to provide much in the way of corroboration of his story (i.e. who this co-worker was etc.).
Negotiation in this case was difficult however it became clear that the Crown Prosecutor had some difficulty proving the theft of all of the money. Some of the video evidence was not conclusive. As a result, the Crown Attorney offered Mr. Anber that his client could plead guilty to the whole amount in exchange for a period of probation. This period of probation however would have resulted in a criminal record. Accordingly, Mr. Anber advised his client to reject the offer and a preliminary hearing was set.
Shortly after, the Crown contacted Mr. Anber again and agreed that if the accused pleaded guilty to a $1,000.00 fraud, that the outcome could be a conditional discharge.