Bankruptcy Abuse and Fraud

This was published by the Office of the Superintendent of Bankruptcy on November  24, 2011.

Bankruptcy Abuse and Fraud

In 2010, 96 766 consumers filed for bankruptcy in Canada.

The majority of people who declare bankruptcy are honest, but they have experienced such significant financial problems that the only way to resolve them is through the bankruptcy system. Their difficulties may result from a change in employment, income or family situation, a serious illness, or poor financial management.

There are cases, however, where people abuse the system and continue to obtain and use credit knowing that they can’t repay the money they are borrowing. There are also people who use bankruptcy to get out of situations that they have created themselves through bad faith and fraud.

The Office of the Superintendent of Bankruptcy (OSB) is responsible for supervising the administration of bankruptcy files in Canada and investigating cases where offences may have been committed. It may intervene before the Court in cases where bankrupts have failed to meet their obligations or when their conduct is deemed to be inappropriate. Trustees in bankruptcy and creditors may also make representations to the Court in such matters.

Offences under the Bankruptcy and Insolvency Act (BIA) and the Criminal Code

When bankrupts fail to respect their obligations

Bankruptcy Abuse and Fraud

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Which is better; a Bankruptcy or a Consumer Proposal?

I was interviewed a few weeks ago by a CBC reporter who was gathering research on an article he was going to write on bankruptcy.   He asked me what the best strategy was for a person to use who had an overwhelming debt problem.

 

Bankruptcy - I told him that if the person’s objective was to erase his debts and rebuild his credit as quickly as possible then without doubt a bankruptcy was the best because most bankruptcies were discharged in nine months.   Once the person was discharged from bankruptcy he could rebuild his credit so that he could immediately get a secured credit card and as quickly as in two years that person will qualify for the most difficult credit of all – a mortgage – at the same interest rate, as the most credit worthy person who has never been in bankruptcy.

 

We have the steps to achieve this on our website including all the necessary forms you will need.

 

Consumer Proposals - If a person has assets to protect, beyond what is allowed by Provincial and Territorial Exemptions, then a consumer proposal would be the vehicle to use.   Consumer proposals have to offer more to the creditors than they would get in a bankruptcy and the term or length of the proposal cannot be for more than 5 years.   We have a detailed explanation of consumer proposals at this link.

 

Credit Counselling - The reporter asked when I thought a person should use a credit counsellor.   I told him there were no circumstances I could think of where it would be better for a person to use a credit counsellor rather than a trustee in bankruptcy.   I explained that credit counsellors were not as well trained as trustees and that in the case of “non-profit” credit counsellors I felt they were in a serious conflict of interest since a large part of their funding was provided by credit grantors.  I also referred the reporter to a report funded by Consumer Affairs Canada that called into question the credit counselling industry.

Which is better; a Bankruptcy or a Consumer Proposal?

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Expanding the Wage Earner Protection Program

The Wage Earner Protection Program (“WEPP”) provides guaranteed and timely compensation of up to $3,400 in 2011 to workers for unpaid wages, vacation pay, and severance and termination pay earned in the six months preceding an employer’s bankruptcy or receivership.

The Wage Earner Protection Program (“WEPP”) is being expanded to give further protection to cover employees who lose their jobs when their employer’s attempt at restructuring is unsuccessful and ends in bankruptcy or receivership. The enhanced protection is estimated to provide an additional $4.5 million annually in support to workers affected by the bankruptcy or receivership of their employer.

It is currently anticipated that the Implementation Act will come into force in November or December 2011.

The Implementation Act (once in force), will provide for the following modifications to the WEPPA:
• The modification to the WEPPA will be effective for bankruptcy and receivership proceedings commenced after June 5, 2011;
• The WEPP will be extended to include both proposals proceeding commenced under Division I of Part III of the Bankruptcy and Insolvency Act (“BIA”) and proceedings commenced under the Companies’ Creditors Arrangement Act (“CCAA”); and
• The definition of WEPP eligible wages by the WEPPA will be extended for the periods of:
o six months prior to the commencement of the proposal proceeding under the BIA and, ending on the date of the bankruptcy or the receivership of the employer; and
o six months prior to the beginning of the proceedings under CCAA and, ending on the date of the bankruptcy or the receivership of the employer.

Should there be any questions regarding the foregoing, we encourage you to call Service Canada at 1 866 683-6516.

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Getting Credit after a Canadian Bankruptcy or Consumer Proposal

In 2 years qualify for a mortgage - at the same interest rate, as the most credit worthy person who has never been in bankruptcy.

People contemplating bankruptcy are terrified that a bankruptcy will ruin their credit rating and they will never get credit again if they file bankruptcy.   Some people have heard that the record of your bankruptcy stays on your credit report for 6 years after your bankruptcy has ended and they will not  get credit until the record of the bankruptcy falls off the credit report.

All this information is wrong, wrong wrong!

The truth is that people contemplating bankruptcy usually have such a poor credit rating that bankruptcy will not make it worse.  In fact a bankruptcy or a consumer proposal will improve a person’s credit score.

Here’s how.   When a person is discharged from bankruptcy or a consumer proposal his or her debts are erased.   This makes that person more desirable in the eyes of banks and other credit grantors than before except for the bankruptcy on his or her credit report.   The stigma of the bankruptcy can be erased so that as quickly as in two years that person will qualify for the most difficult credit of all – a mortgage – at the same interest rate, as the most credit worthy person who has never been in bankruptcy.

There are 5 steps the person must take to reestablish a good credit rating:

Step 1 - Get your Bankruptcy Discharge or the Certificate of Completion for your Consumer Proposal or Division I Proposal.
Step 2 - Clean up your credit. Check your credit report and write to the credit bureau to correct any errors.
Step 3 - Gain New Credit. You now have to acquire new credit to prove your credit worthiness. A good place to start is with a secured credit card. Getting a secured card, at the link we will provide, is virtually guaranteed.  You should also get other credit such as a loan for an RRSP, a car loan etc.
Step 4 - Accumulate your Down Payment.  The minimum down payment is 5% with a mortgage guaranteed by CMHC. To qualify for this mortgage you must have been discharged for at least two years and one day and have at least one year of re-established credit.
Step 5 - Contact a Mortgage Professional who is experienced at helping people, who were in bankruptcy or faced other financial challenges, get a mortgage.

We have these steps outlined in detail on our website including all the necessary forms you will need.

 

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Bankruptcy Criminal/penal sentences rendered since 2010

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As part of its efforts to promote awareness of debtor responsibilities, the Office of the Superintendent of Bankruptcy has expanded its section on Bankruptcy Abuse and Fraud to list all criminal/penal sentences rendered since 2010. This page will be updated quarterly.

Criminal/penal sentences rendered since 2010

Court file number: 500-73-002858-070 (2011)
OSB Estate number: 41-331435

The bankrupt was found guilty of nine counts of fraud under paragraph 380(1)(a) and eight counts of fraud under subparagraph 380(1)b)i) of the Criminal Code.

Sentence rendered:

18-month sentence to be served in the community, with the following conditions:
house arrest 24 hours a day for the first six months, and then between 11:00 p.m. and 6:00 a.m. for the following six months;
200 hours of community service within 12 months.

Probation for one year.

Court file numbers: 500-73-003222-094, 500-73-003267-099 and 500-73-003268-097 (2011)
OSB Estate number: 42-045216

The bankrupt was found guilty of ten counts of fraud under paragraph 380(1)(a), and eight counts of fraud under subparagraph 380(1)b)i) of the Criminal Code, as well as guilty of one count under subsection 74(b) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.

Sentence rendered:

10 months in prison for all counts, to be served concurrently.
Probation for one year with the usual conditions, plus the following:
prohibition against obtaining more than one credit card;
requirement to turn over to the trustee the $26 000 in cash seized from the bankrupt’s residence.
Prison sentence followed by one year of probation with the usual conditions, plus a prohibition against obtaining more than one credit card.

Court file number: 500-73-003146-095 (2011)
OSB Estate number: 41-854180

The bankrupt was found guilty of five counts of fraud under paragraph 380(1)(a) and eight counts of fraud under subparagraph 380(1)b)i) of the Criminal Code.

Sentence rendered:

Probation for 15 months with the usual conditions.
Repayment of $12 000 through the court registry pursuant to section 738 of the Criminal Code.

Court file numbers: 500-73-003048-085 and 500-73-003049-083 (2011)
OSB Estate number: 41-925337

The bankrupt was found guilty of eight counts of fraud under paragraph 380(1)(a) and seven counts of fraud under subparagraph 380(1)b)i) of the Criminal Code.

Sentence rendered:

Conditional sentence of two years less a day with the usual conditions,plus the following:
house arrest 24 hours a day, except to meet with his supervisor, look for work or have a legitimate job, go to school or practise his religion;
prohibition against possessing bank documents that are not in his name.
At the end of the conditional sentence, probation for two years, with the statutory conditions of keeping the peace and exhibiting good behaviour, plus the following:
prohibition against possessing bank documents that are not in his name.

Court file number: 500-73-003292-097 (2011)
OSB Estate number: 42-1021240

The bankrupt was found guilty of five counts of fraud under paragraph 380(1)(a) and eight counts of fraud under subparagraph 380(1)b)i) of the Criminal Code.

Sentence rendered:

Conditional sentence of two years less a day, with the following conditions:
requirement to keep the peace;
requirement to exhibit good behaviour;
requirement to respect summonses from the court;
requirement to meet with his supervisor within two business days of the order, and after that, as per the terms set by his supervisor;
requirement to remain within the court’s jurisdiction, unless given written permission to leave by the court or his supervisor;
requirement to inform the court or his supervisor of any change of address or name and quickly advise them of any change of employment or profession;
house arrest from 10:00 p.m. to 6:00 a.m., except during Ramadan or for medical care for himself or his children;
prohibition against entering any establishment where there is gambling or playing for money occurs, particularly casinos;
install and maintain a telephone land line at home.
Two-year probation subject to the following conditions:
requirement to keep the peace;
requirement to exhibit good behaviour;
requirement to respect summonses from the court;
requirement to inform the court or his supervisor of any change of address or name and quickly advise them of any change of employment or profession;
prohibition against entering any establishment where there is gambling or playing for money occurs, particularly casinos.

Court file number: 500-73-003207-095 (2011)
OSB Estate number: 41-976277

The bankrupt was found guilty of one count of fraud under paragraph 380(1)(a) of the Criminal Code.

Sentence rendered:

18-month conditional sentence with the following conditions:
house arrest 24 hours a day for the first six months, except to go to work, for medical reasons, and on Wednesdays between 12:00 p.m. and 4:00 p.m.;
curfew between 11:00 p.m. and 7:00 a.m. for the first six months, except to go to work, for Christmas, and for medical reasons;
150 hours of community service within nine months;
requirement to undergo treatment for gambling and report to his supervisor.
Probation for 12 months.

Court file number: 505-73-000419-098 (2011)
OSB Estate number: 41-1050569

The bankrupt was found guilty of six counts of fraud under paragraph 380(1)(a) of the Criminal Code.

Sentence rendered:

15-month sentence to be served in the community, with the following conditions:
house arrest 24 hours a day for the first five months, and then between 11:00 p.m. and 7:00 a.m. for the next five months;
30 hours of community service.
At the end of the conditional sentence, probation for two years and 70 hours of community service.

Court file numbers: 500-73-003436-108 and 500-73-003435-100 (2011)
OSB Estate number: 41-1037204

The bankrupt was found guilty of 12 counts of fraud under paragraph 380(1)(a) and two counts of fraud under subparagraph 380(1)b)i) of the Criminal Code.

Sentence rendered:

12-month sentence to be served in the community, with the following conditions:
requirement to keep the peace;
requirement to exhibit good behaviour;
requirement tomeet with his supervisor and remain in the court’s jurisdiction, unless given written permission to leave by the court or his supervisor;
requirement to inform the court or his supervisor of any change of address or name and quickly advise them of any change of employment or profession;
prohibition against entering licensed establishments;
prohibition against entering casinos;
150 hours of community service within eight months;
requirement to continue treatment;
house arrest 24 hours a day for the first four months and then between 11:00 p.m. and 7:00 a.m. for the next eight months.
Probation for 12 months, with the usual conditions, plus prohibition against entering casinos.

Court file numbers: 500-73-003328-099 and 500-73-003329-097 (2011)
OSB Estate number: 41-10136131

The bankrupt was found guilty of five counts of fraud under paragraph 380(1)(a) and four counts of fraud under subparagraph 380(1)b)i) of the Criminal Code.

Sentence rendered:

16-month conditional sentence.
Probation for two years.
Requirement to continue treatment and refrain from applying for credit cards.

Court file number: not available (2011)
OSB Estate number: 41-1034476

The bankrupt was found guilty of one count of fraud under paragraph 380(1)(a) and four counts of fraud under subparagraph 380(1)b)i) of the Criminal Code.

Sentence rendered:

12-month conditional sentence, with the mandatory conditions:
prohibition against possessing credit cards or bank documents that are not in his name;
requirement to inform his supervisor within 48 hours of obtaining a credit card, and provide him with the name of the banking institution;
requirement to maintain a telehone land line without call forwarding, provide the information to his supervisor, and answer the phone;
curfew from 9:00 p.m. to 6:00 a.m. except for medical emergencies or with the written permission of his supervisor, and except for December 24, 25, 26 and 31, 2011, and January 1 and 2, 2012;
requirement to continue working with an agency as long as the agency recommends it.
Probation for two years, with the following mandatory conditions:
prohibition against possessing credit cards or bank documents that are not in his name;
requirement to inform his supervisor within 48 hours of obtaining a credit card, and provide him with the name of the banking institution;
requirement to meet with his probation officer as often as the officer feels is necessary, follow his recommendations and pay the victim-fine surcharge within six months.

Court file number: 500-73-002890-073 (2011)
OSB Estate number: 41-324488

The bankrupt was found guilty of 18 counts of fraud under paragraph 380(1)(a) and four counts of fraud under subparagraph 380(1)b)i) of the Criminal Code.

Sentence rendered:

Two years less a day to be served in the community, with the following conditions:
house arrest 24 hours a day, seven days a week, with the usual conditions;
240 hours of community service within 12 months.

Probation for three years, with the mandatory conditions, plus the following:
prohibition against entering casinos or other establishments where gambling occurs.

Court file numbers 700-73-001207-093 and 700-73-001208-091 (2011)
OSB Estate number: 41-337013

The bankrupt was found guilty of 10 counts of fraud under paragraph 380(1)(a) and four counts of fraud under subparagraph 380(1)b)i) of the Criminal Code.

Sentence rendered:

Conditional sentence of two years less a day, with the following conditions:
requirement to follow the recommendations of his probation officer;
prohibition against entering casinos or other establishments where there is gambling;
requirement to pay the victim-fine surcharge of $100 per count within two years;
requirement to keep the peace;
requirement to exhibit good behaviour;
requirement to meet with his supervisor and remain in the court’s jurisdiction, unless given written permission to leave by the court or his supervisor;
inform the court or his supervisor of any change of address or name and quickly advise them of any change of employment or profession;
house arrest 24 hours a day for the first 12 months, and then between 10:00 p.m. and 6:00 a.m. for the next 12 months less a day.

Court file number: 24340761 (2011)
OSB Estate number: 23-1138331

The bankrupt was found guilty of three counts under subsection 198(2) of the BIA.

Sentence rendered:

10-month conditional sentence.
100 hours of community service.

Court file number: not available (2011)
OSB Estate number: 35-1215350

The bankrupt was found guilty of two counts under paragraph 198(1)(c) of the BIA.

Sentence rendered:

Fine of $1 250.

Court file number: not available (2011)
OSB Estate number: 11-1036347

The bankrupt was found guilty of one count under paragraph 198(1)(e) and three counts under paragraph 198(1)(g) of the BIA.

Sentence rendered:

Conditional discharge.
One-year probation.

Court file number: 74057-1 (2011)
OSB Estate number: 11-1165496

The bankrupt was found guilty of one count of fraud under section 368 of the Criminal Code.

Sentence rendered:

Requirement to report to a probation officer.
50 hours of community service.
Requirement to keep the peace.
Requirement to exhibit good behaviour.
Requirement to notify of any change of name or address.

Court file number: 500-73-003123-094 (2010)
OSB Estate number: 41-964953

The bankrupt was found guilty of three counts of fraud under paragraph 380(1)(a) of the Criminal Code.

Sentence rendered:

14 months in prison, followed by two years of probation with the usual conditions, i.e.:
requirement to keep the peace;
requirement to exhibit good behaviour;
requirement to report to his probation officer within five days of his release;
requirement to follow any treatment the probation officer recommends;
prohibition against possessing credit cards.

Court file numbers: 500-73-003050-081 and 500-73-003051-089 (2010)
OSB Estate number: 41-334110

The bankrupt was found guilty of nine counts of fraud under paragraph 380(1)(a) and five counts of fraud under subparagraph 380(1)b)i) of the Criminal Code.

Sentence rendered:

14 months in prison, followed by two years of probation with the usual conditions, i.e.:
requirement to keep the peace;
requirement to exhibit good behaviour;
prohibition against possessing credit cards or bank documents in his possession that are not in his name.
One month of prison for each count under subparagraph 380(1)b)i) of the Criminal Code, to be served concurrently.

Court file number: 500-73-000319-071 (2010)
OSB Estate number: 41-323676

The bankrupt was found guilty of seven counts of fraud under paragraph 380(1)(a) and nine counts of fraud under subparagraph 380(1)b)i) of the Criminal Code.

Sentence rendered:

Conditional sentence of two years less a day, with a number of conditions, including:
requirement to keep the peace;
house arrest 24 hours a day for the first eight months, and then between 11:00 p.m. and 7:00 a.m. for the following eight months, except for purposes of work, medical reasons, religious worship, etc.
Probation for two years beginning at the end of the conditional sentence, with the usual conditions, including:
requirement to keep the peace;
prohibition against entering casinos or other establishments where gambling occurs.

Court file number: 500-73-002856-074 (2010)
OSB Estate number: 41-759787

The bankrupt was found guilty of 23 counts of fraud under paragraph 380(1)(a), and eight counts of fraud under subparagraph 380(1)b)i) of the Criminal Code, as well as guilty of one count of possession of illegally obtained goods.

Sentence rendered:

15 months in prison for counts 1 to 20 and 27 to 29.
12 months in prison to be served concurrently for counts 21 to 26, 30 and 31, followed by two years of probation with the usual conditions, plus the following:
prohibition against possessing bank documents, including credit cards, automated teller cards, cheques or bank drafts, that are not in his name.

Court file numbers: 500-73-003235-096 and 500-73-003236-094 (2010)
OSB Estate number: 41-1030270

The bankrupt was found guilty of five counts of fraud under paragraph 380(1)(a) and seven counts of fraud under subparagraph 380(1)b)i) of the Criminal Code.

Sentence rendered:

12-month conditional sentence with the usual conditions, plus the following:
curfew from 8:00 p.m. to 7:00 a.m. for the first six months (except for work or medical emergencies);
80 hours of community service;
prohibition against entering casinos or any other establishment where gambling occurs;
requirement to begin or continue participating in a treatment program for gambling, to be determined with his supervisor;
prohibition against entering bars and discotheques.
Two years of probation subject to the usual conditions, plus the following:
prohibition against entering casinos or other establishments where gambling occurs;
requirement to begin or continue a treatment program for gambling, to be determined with his supervising agent.

Court file number: 500-73-002739-072 (2010)
OSB Estate number: 41-273272

The bankrupt was found guilty of five counts of fraud under paragraph 380(1)(a) and four counts of fraud under subparagraph 380(1)b)i) of the Criminal Code.

Sentence rendered:

Conditional sentence of two years less a day to be served in the community, with the following conditions:
house arrest 24 hours a day for the first eight months, except for work, health reasons, and grocery shopping on Saturdays;
requirement to abide by the same conditions for the following eight months, but with a curfew between 11:00 p.m. and 7:00 a.m.;
for the last eight months, abide by the usual conditions, plus the following (with no curfew):
prohibition against possessing any commercial instruments, including credit cards, that are not in his name;
prohibition against having a call-forwarding device.
Probation for two years, with no conditions.

Court file number: 500-73-003192-099 (2010)
OSB Estate number: 41-930587

The bankrupt was found guilty of five counts of fraud under paragraph 380(1)(a) and two counts of fraud under subparagraph 380(1)b)i) of the Criminal Code.

Sentence rendered:

15-month conditional sentence to be served in the community, with the usual conditions, plus the following:
prohibition against leaving the province of Quebec;
prohibition against entering casinos or other establishments where gambling occurs;
prohibition against gambling;
prohibition against applying for credit from a financial institution;
house arrest 24 hours a day until October 9, 2010, except for certain reasons approved by his supervisor;
after that, curfew between 11:00 p.m. and 7:00 a.m. until April 9, 2011;
84 hours of community service.

Court file number: 500-73-003231-095 (2010)
OSB Estate number: 41-1034550

The bankrupt was found guilty of six counts of fraud under paragraph 380(1)(a) and six counts of fraud under subparagraph 380(1)b)i) of the Criminal Code.

Sentence rendered:

Conditional sentence of two years less a day, with the following conditions:
house arrest 24 hours a day for the first eight months, and 120 hours of community service;
curfew between 11:00 p.m. and 6:00 a.m. for the following eight months;
prohibition against possessing credit cards.
Two years of probation.

Court file number: 500-73-003233-091 (2010)
OSB Estate number: 41-1009714

The bankrupt was found guilty of six counts of fraud under paragraph 380(1)(a) and three counts of fraud under subparagraph 380(1)b)i) of the Criminal Code.

Sentence rendered:

15-month conditional sentence for each count, followed by two years of probation with certain conditions, without fine or surcharge.

Court file number: 500-73-002761-076 (2010)
OSB Estate number: 41-325433

The bankrupt was found guilty of eight counts of fraud under paragraph 380(1)(a) and four counts of fraud under subparagraph 380(1)b)i) of the Criminal Code.

Sentence rendered:

12 months in prison, followed by two years of probation with the usual conditions.

Court file number: 540-73-000337-081 (2010)
OSB Estate number: 41-333564

The bankrupt was found guilty of 15 counts of fraud under paragraph 380(1)(a) of the Criminal Code.

Sentence rendered:

14 months in prison, served consecutively, for each count.
Two years of probation with the usual conditions.

Court file number: 500-73-003147-093 (2010)
OSB Estate number: 41-963678

The bankrupt was found guilty of 12 counts of fraud under paragraph 380(1)(a) of the Criminal Code.

Sentence rendered:

15 months in prison, followed by two years of conditional probation, probationary monitoring and prohibition against entering casinos or playing video lottery.

Court file number: 500-73-003164-098 (2010)
OSB Estate number: 41-914690

The bankrupt was found guilty of 11 counts of fraud under paragraph 380(1)(a) and three counts of fraud under subparagraph 380(1)b)i) of the Criminal Code.

Sentence rendered:

12-month conditional sentence with the usual conditions, plus the following:
house arrest 24 hours a day for the first four months, and then between 10:00 p.m. and 7:00 a.m. for the next four months;
100 hours of community service.

Court file number: 500-73-003162-092 (2010)
OSB Estate number: 41-305713

The bankrupt was found guilty of 11 counts of fraud under paragraph 380(1)(a) and three counts of fraud under subparagraph 380(1)b)i) of the Criminal Code.

Sentence rendered:

12-month conditional sentence to be served in the community, with the usual conditions, plus the following:
100 hours of community service;
house arrest 24 hours a day for the first four months, and then between 11:00 p.m. and 7:00 a.m. for the next four months.
Probation for two years.

Court file number: 500-73-003211-097 (2010)
OSB Estate number: 41-967135

The bankrupt was found guilty of one count of fraud under paragraph 380(1)(a) of the Criminal Code.

Sentence rendered:

18-month conditional sentence to be served in the community, with the usual conditions, plus the following:
house arrest 24 hours a day for the first six months, and then between 11:00 p.m. and 7:00 a.m. for the next six months.
Probation for 18 months.

Court file numbers: 505-73-000403-092 and 505-73-000404-090 (2010)
OSB Estate number: 41-975002

The bankrupt was found guilty of 12 counts of fraud under paragraph 380(1)(a) of the Criminal Code.

Sentence rendered:

18-month conditional sentence with the following conditions:
house arrest 24 hours a day for the first six months, and then between 10:00 p.m. and 7:00 a.m. for the next six months;
150 hours of community service.

Probation for two years.

Court file number: 500-73-003113-095 and 500-73-003114-093 (2010)
OSB Estate number: 41-1034565

The bankrupt was found guilty of 12 counts of fraud under paragraph 380(1)(a) and four counts of fraud under subparagraph 380(1)b)i) of the Criminal Code.

Sentence rendered:

Conditional sentence of two years plus a day.
Probation for 18 months.

Court file number: 500-73-003219-090 (2010)
OSB Estate number: 41-905178

The bankrupt was found guilty of nine counts of fraud under paragraph 380(1)(a) and one count of fraud under subparagraph 380(1)b)i) of the Criminal Code.

Sentence rendered:

18-month conditional sentence to be served in the community, with the usual conditions, notably:
requirement to keep the peace;
house arrest between 9:00 p.m. and 7:00 a.m. seven days a week for the first 12 months, except for legitimate, paid work;
prohibition against possessing any credit cards.
One year of probation beginning at the end of the conditional sentence, with the usual conditions, notably:
requirement to keep the peace;
requirement to attend any treatment recommended by his supervisor;
prohibition against possessing credit cards.

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Court file number: 500-73-003219-090 (2010)
OSB Estate number: 41-905175

The bankrupt was found guilty of nine counts of fraud under paragraph 380(1)(a) and one count of fraud under subparagraph 380(1)b)i) of the Criminal Code.

Sentence rendered:

18-month conditional sentence to be served in the community, with the usual conditions, notably:
requirement to keep the peace;
house arrest between 9:00 p.m. and 7:00 a.m. seven days a week for the first 12 months, except for legitimate paid work;
150 hours of community service;
prohibition against possessing any credit cards.

One year of probation beginning at the end of the conditional sentence, with the usual conditions, notably:
requirement to keep the peace;
requirement to attend any treatment recommended by his supervisor;
prohibition against possessing credit cards.

Court file number: 500-73-002767-073 (2010)
OSB Estate number: 41-246335

The bankrupt was found guilty of 12 counts of fraud under paragraph 380(1)(a) and seven counts of fraud under subparagraph 380(1)b)i) of the Criminal Code.

Sentence rendered:

18-month conditional sentence to be served in the community, with the following conditions:
house arrest 24 hours a day for the first six months;
curfew from 11:00 p.m. to 7:00 a.m. for the next six months.
Probation for two years with the following conditions:
120 hours of community service;
prohibition against possessing bank instruments, including credit cards, that are not in his name;
requirement to have a land-line telephone at home;
prohibition against having any telephone conversation of more than 10 minutes with a third party.

Court file number: 500-73-003288-095 (2010)
OSB Estate number: 41-1187525

The bankrupt was found guilty of six counts of fraud under paragraph 380(1)(a) and two counts of fraud under subparagraph 380(1)b)i) of the Criminal Code.

Sentence rendered:

18-month conditional sentence with the following conditions:
house arrest 24 hours a day for the first six months, and then between 10:00 p.m. and 6:00 a.m. for the next six months;
150 hours of community service;
requirement to follow his supervisor’s instructions;
prohibition against possessing or using credit cards.
Probation for two years.

Court file number: not available (2010)
OSB Estate number: 31-444132

The bankrupt was found guilty of one count under paragraph 198(1)(b) of the Bankruptcy and Insolvency Act (BIA).

Sentence rendered:

Conditional discharge.
Probation for one year.
75 hours of community service.

Court file number: not available (2010)
OSB Estate number: 31-442408

The bankrupt was found guilty of two counts under paragraph 198(1)(c) of the BIA.

Sentence rendered:

A $1 000 fine for each offence, to be paid within the next six months.
One-year probation.

Court file number: not available (2010)
OSB Estate number: 31-956876

The bankrupt was found guilty of three counts under paragraph 198(1)(g) and three counts under paragraph 198(1)(e) of the BIA.

Sentence rendered:

12-month conditional sentence on one count under paragraph 198(1)(g) of the BIA.
12-month conditional sentence concurrent on the remaining five charges.
House arrest, with electronic monitoring for six months and with a curfew for the remaining six months.
Payment of a standing restitution for $145 757.76.

Court file number: 009-47210 (2010)
OSB Estate number: 21-79079

The bankrupt was found guilty of two counts under subsection 198(2) of the BIA.

Sentence rendered:

Six-month conditional discharge.
Order to be rescinded later if the debtor has complied with conditions; the RCMP would issue a closing letter at that time.

Court file number: not available (2010)
OSB Estate number: 22-1243218

The bankrupt was found guilty of three counts under paragraph 380(1)(a) of the Criminal Code.

Sentence rendered:

Requirement to abide by the conditions included in a conditional sentence order for 18 months:
house arrest for three months;
100 hours of community service.
Payment of three restitution orders: $13 000, $5 900 and $5 497.50.

Court file number: not available (2010)
OSB Estate number: 31-984200

The bankrupt was found guilty of one count under paragraph 198(1)(a), one count under paragraph 198(1)(b), one count under paragraph 198(1)(c) and four counts under paragraph 198(1)(g) of the BIA.

Sentence rendered:

12-month conditional sentence with nine months’ house arrest for the count under paragraph 198(1)(a).
$5 000 fine for the count under paragraph 198(1)(b).
12-month conditional sentence, to be served concurrently, for the rest of the counts.
60 hours of community service.
Attendance at rehabilitative programs as recommended by the bankrupt’s supervisor.
Prohibition against entering casinos.
Requirement to register in the block-entry program at Ontario casinos.

Court file number: not available (2010)
OSB Estate number: 32-1020029

The bankrupt was found guilty of one count under paragraph 198(1)(b) and three counts under paragraph198(1)(g) of the BIA, and five counts under paragraph 380(1)(a) of the Criminal Code.

Sentence rendered:

Conditional sentence of two years less a day on the Criminal Code charges.
Subsequent counts concurrent on the BIA charges.
12 months’ house arrest.
120 hours of community service.
Attendance at a treatment program for gambling.
Total restitution payment of $30 000 (freestanding).
Curfew.
Prohibition against applying for any credit cards, personal loans or credit vehicles.
Prohibition against entering any establishment where gambling occurs.
Prohibition against gambling.

Court file number: not available (2010)
OSB Estate number: 25-811197

The bankrupt was found guilty of two counts under paragraph 198(1)(c) and one count under paragraph 198(1)(e) of the BIA.

Sentence rendered:

Six-month conditional sentence on both charges inclusive.
$2 000 fine on paragraph 198(1)(c) charge.
$5 000 fine on paragraph 198(1)(e) charge.

Court file number: not available (2010)
OSB Estate number: 31-450552

The bankrupt was found guilty of two counts under paragraph 198(1)(e) of the BIA.

Sentence rendered:

Fine of $2 500 for each count, for a total fine of $5 000.

Court file number: not available (2010)
OSB Estate number: 33-850392

The bankrupt was found guilty of one count under paragraph 198(1)(g) of the BIA.

Sentence rendered:

Nine-month conditional sentence.
Payment of a restitution order in the amount of $24 000.

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