R. v. M.S.

(Calgary, Q.B.) Client was charged with a trust fraud. The case resolved by agreement to a conditional sentence due to a Charter Notice alleging unreasonable delay in the proceedings. "Trust fraud" and other property offences involving a breach of trust are serious because the victim -- usually an employer -- is vulnerable to the accused. Vulnerability occurs because the business relies upon the honesty of its employees and when employees steal or defraud business, the business is in jeopardy. Indeed, businesses have gone out of business because of the actions of an employee.  It is for this reason that the sentence response from courts in trust situations can be quite harsh.  From both a pragmatic, real and criminal defence perspective, however, some business owners are just so lose in their practice that its losses may not be by the actions of an employee and sometimes where the losses are as a result of employee actions, those actions were actually carried out with the endorsement of the business owner. Confronted with failure, it's human nature to blame somebody else; business owners are no different. Many trust frauds are not criminally fraudulent at all; rather, the complainant is more akin to bad business than criminal conduct. If you have been charged with a trust offence, you are at risk of jail. Call Calgary criminal defence lawyer, David Chow, for a free consultation.