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

What are the offences?

The most common offences committed under the Bankruptcy and Insolvency Act (BIA) and the Criminal Code are when the bankrupt:

  • Fraudulently disposes of property before or after the bankruptcy;
  • Makes false entries in a statement of account or hides, destroys or falsifies a document related to his/her property or affairs;
  • Obtains credit or any other good through false representations;
  • Conceals or fraudulently removes property, or conceals claims or debts;
  • Obtains credit or engages in trade without informing the people involved that he/she is bankrupt;Footnote 1
  • Refuses to respond fully and truthfully to questions posed during an examination held in accordance with the BIA.

See the Bankruptcy and Insolvency Act (sections 198 to 201) and the Criminal Code for a complete list of offences.

How are offences discovered?

About Licensed Insolvency Trustees

The Office of the Superintendent of Bankruptcy (OSB) identifies possible offences through its detection programs or through complaints received from creditors, Licensed Insolvency Trustees (LITs) or the public. Learn more about the rights and responsibilities of creditors, LITs and the OSB

When the OSB has reason to believe that an offence has been committed, it sends the file to one of its three special investigation units. The investigation units work closely with the Royal Canadian Mounted Police (RCMP). In some cases, files are transferred to the RCMP.

Can I report offences?

If you suspect fraudulent activities in connection with a bankruptcy file, contact the OSB at the following toll-free number: 1-877-376-9902. Your comments or complaints will be registered and reviewed by a bankruptcy analyst, who will conduct any necessary verifications or inquiries.

What are the penalties?

Penalties are determined on a case-by-case basis. Below are summaries of some cases of abuse and fraud, as well as penalties imposed by the Court.

Consult the list of criminal/penal sentences rendered since 2010


Case summaries

Summaries are written for ease of understanding. Users wishing full information on the cases should consult the court decision. The court decision prevails.

2013

Criminal/penal case
Court No.: 540-73-000367-104
OSB No.: 41-927326

Background

An individual used credit cards, lines of credit and other sources of financing to obtain cash advances and to buy jewellery, home electronics and a car. He resold the home electronics and car before they had been paid for and without informing the institution that financed the purchases. When he filed for bankruptcy, he had debts totalling $293,000, with most of the debt accumulated in the year before filing for bankruptcy.

Summary of offences of the bankruptFootnote 2

  • The bankrupt committed fraud.

Court decision

The bankrupt pleaded guilty to 11 counts of fraud under the Criminal Code and was sentenced to 20 months of imprisonment followed by two years of probation.

2012

Background

Two years after his wife filed for bankruptcy with debts of more than $162,000, the husband filed for bankruptcy with debts totalling $492,000. A comparison of the wife's statement of affairs with her husband's at the time of filing the bankruptcies revealed important discrepancies, including how common assets were disposed of.

Summary of offences of the bankruptFootnote 2

  • The bankrupt did not fully and truthfully answer questions when examined under oath.
  • The bankrupt committed fraud.

Court decision

The bankrupt pleaded guilty to one offence under the Criminal Code and one offence under the BIA. He received a 12-month conditional sentence, including six months of house arrest and six months under curfew. While serving his sentence, he must perform 180 hours of community service and not apply for or use any credit cards or lines of credit. The Court also ordered the bankrupt to pay $169,100 in restitution to his trustee.


Criminal/penal case
Court/OSB No.: 31-1400617

Background

An individual had been unemployed for a period of time, but somehow obtained financing to purchase a property, which he later abandoned. The property was then sold by the mortgagor who took a loss on the sale. When the individual filed for bankruptcy, his statement of affairs listed unsecured liabilities of more than $213,000. When he was examined under oath by the OSB, the bankrupt could not explain how he was able to obtain the financing while being unemployed nor the circumstances surrounding the property purchase. Also, the bankrupt could not answer questions about the financing nor the assets of three short-term businesses he had started.

Summary of offences of the bankruptFootnote 2

  • The bankrupt disposed of property fraudulently.
  • The bankrupt did not fully and truthfully answer questions when examined under oath.
  • The bankrupt failed to comply with his duties under the BIA.

Court decision

The bankrupt pleaded guilty to three offences under the BIA and received an 8-month conditional sentence. He must also pay restitution orders of $78,000 to the Canada Mortgage and Housing Corporation and $100,000 to his trustee.


Criminal/penal case
Court/OSB No.: 31-1151736

Background

When an individual filed for bankruptcy, he had been unemployed and living on social assistance for two years, and had debts of more than $171,000. When the trustee was collecting the bankrupt's financial information, it was revealed that the bankrupt had lied on at least three of his credit applications. He owed those three creditors close to $60,000. Furthermore, the trustee found financial documents indicating that the bankrupt had deposited some cheques knowing that they would not be honoured and then withdrew funds against the deposits before the bank was able to verify the cheques. This "kiting" scheme defrauded creditors of more than $55,000.

Summary of offences of the bankruptFootnote 2

  • The bankrupt did not fully and truthfully answer questions when examined under oath.
  • In the 12 months before the date of bankruptcy, the bankrupt obtained credit or property by making false representations.

Court decision

The bankrupt pleaded guilty to two offences under the BIA and received a 12-month conditional sentence for each charge, to be served concurrently. The bankrupt must also pay a restitution order of $100,000 to his trustee.

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Criminal/penal case
Court/OSB No.: 41-1175921

Background

During the 12 months before he filed for bankruptcy, an individual on welfare accumulated $95,000 in debts on his 24 credit cards. He also wrote cheques totalling $99,000 to cover payments for several credit cards, but the cheques were returned for insufficient funds. At the time of filing for bankruptcy, he owed more than $140,000. Further, it was only when he was questioned under oath by the OSB that the bankrupt revealed that he had spent $70,000 at a casino, information he should have disclosed to the trustee in his statement of affairs at the time of filing the bankruptcy.

Summary of offences of the bankruptFootnote 2

  • The bankrupt committed fraud.

Court decision

The bankrupt pleaded guilty to one count of fraud under the Criminal Code and received a 16-month conditional sentence. He is to serve his sentence in the community, followed by 12 months of probation under the conditions of keeping the peace, meeting with his probation officer and attending a gambling counselling program.


Criminal/penal case
Court No.: 540-73-000373-102
OSB No.: 41-962226

Background

An individual used 18 credit cards to accumulate $84,000 in debts in just 12 months, bringing his total credit card debt to $156,000. During the same period, he attempted to pay the credit card companies by writing bad cheques totalling $30,000. He also took advantage of store financing to obtain $7,800 in home electronics. At the end of the 12-month period, he filed for bankruptcy.

Summary of offences of the bankruptFootnote 2

  • The bankrupt committed fraud.

Court decision

The bankrupt pleaded guilty to 10 counts of fraud under the Criminal Code and received an 18-month conditional sentence. He is to serve the first 12 months under house arrest and the last six months under curfew. This is to be followed by 24 months of probation. He must also complete 150 hours of community service within a 15-month period.


Criminal/penal case
Court No.: 500-73-003753-122
OSB No.: 41-1099686

Background

Over the course of 12 months, a man accumulated $187,000 in debts on his credit cards, including spending more than $22,000 on furniture and electronics. During that period, he also gave his son-in-law $30,000. At the end of his year-long spending spree, he filed for bankruptcy.

Summary of offences of the bankruptFootnote 2

  • The bankrupt committed fraud.

Court decision

The bankrupt pleaded guilty to one count of fraud under the Criminal Code and received a 14-month conditional sentence. He is to serve the first seven months under house arrest and the remaining seven months under curfew. This is to be followed by 12 months of probation.


Criminal/penal case
Court / OSB No.: 32-1068396

Background

A self-employed taxi driver earned between $1,200 and $1,700 a month, and his wife received $1,100 a month in child tax benefits. The man obtained $30,000 in cash advances against credit cards to pay medical expenses for family overseas. Within a year of obtaining those cash advances, he said that he obtained more cash advances and began lending money to a friend—eventually giving the friend a total of $120,000. For nine months, while waiting for his friend to repay him, the man stopped paying the minimum balance on his credit cards. Also, during that time, he went to a casino with his friend and spent approximately $4,000. Then, the taxi driver declared bankruptcy. During his examination under oath before the OSB, the bankrupt could not recall contact information for his friend. Furthermore, he said that he hadn't seen that friend for several months. An examination of his financial records showed that the bankrupt had obtained $147,000 in cash advances after his friend had supposedly disappeared.

Summary of offences of the bankruptFootnote 2

  • Bankrupt used deceit, falsehood or other fraudulent means to defraud various credit-card companies of different amounts of money.
  • Bankrupt disposed of property obtained on credit and not paid for.

Court decision

The bankrupt pleaded guilty to one count of disposal of property obtained on credit and two counts of fraud over $5,000 under the Criminal Code. He received an 18-month conditional sentence and was ordered to make restitution of $117,000.


Criminal/penal case
Court/OSB No.: 31-1092651

Background

A limousine driver said that to start his own business he obtained $250,000 on credit, which he spent to buy equipment. He claimed that he neither received the equipment nor recovered his money. In addition, he had no record of the equipment-purchase transaction. The man also used credit to pay for trips and to purchase about $40,000 worth of furniture and other goods that he gave to family and friends. When he filed for bankruptcy, he declared debts totalling $410,000 and said that he was a first-time bankrupt. He admitted that a third party helped him to obtain credit. An investigation found that the man actually had debts of almost $750,000 and that he had been bankrupt before. The man could not explain what happened to the extra $340,000.

Summary of offences of the bankruptFootnote 2

  • Bankrupt used deceit, falsehood or other fraudulent means to defraud various credit-card companies of different amounts of money.
  • Bankrupt refused or neglected to answer fully and truthfully all proper questions at an examination held pursuant to the BIA.
  • Bankrupt disposed of property obtained on credit and not paid for.

Court decision

The bankrupt pleaded guilty to one count of fraud under the Criminal Code and two offences under the BIA. For the one count under the Criminal Code, the bankrupt received an 18-month conditional sentence: six months of house arrest and 12 months of curfew. He must also pay $150,000 to the trustee and not possess or apply for any credit cards or lines of credit during those 18 months. For the two offences under the BIA, the bankrupt received a nine-month conditional sentence, which he will serve at the same time as his Criminal Code sentence.


Criminal/penal case
Court/OSB No.: 31-1195267

Background

The debts of a self employed man increased from $6,700 to $225,000 in the year leading up to his bankruptcy. He went from having two credit cards and two lines of credit to a total of 16 credit cards and lines of credit. Even though he knew he was in financial difficulty, he kept using credit to make mortgage payments and to make minimum payments on the credit cards. The man said that during the months leading up to his bankruptcy, he borrowed $86,000 to invest in the restaurant where he worked. The business closed and the owners disappeared. Furthermore, the man had no record of the money he had invested in the restaurant.

Summary of offences of the bankruptFootnote 2

  • Bankrupt failed to perform the duties imposed under the BIA.

Court decision

The bankrupt pleaded guilty to one offence under the BIA and was ordered to pay $70,000 to the trustee in restitution. He received a suspended sentence with one year of probation, during which time he is not to possess or apply for any credit cards or lines of credit. He was also required to report to a probation officer.


Criminal/penal case
Court/OSB No.: 31-1288099

Background

At the time he lost his job, a marble polisher had debts totalling $48,000. He began to use credit to supplement his Employment Insurance benefits. He then said that a friend proposed a business venture. To finance it, the friend helped the man obtain credit from several sources. The friend then disappeared after receiving more than $100,000 from the marble polisher, who had no record of the business venture. The marble polisher then began to use credit from one source to make minimum payments to another. Even though he knew he was insolvent, he spent more than $300,000 on travel and on gifts and cash donations to family members. A year after losing his job, he filed for bankruptcy with accumulated debts of $359,000.

Summary of offences of the bankruptFootnote 2

  • Bankrupt used deceit, falsehood or other fraudulent means to defraud various credit-card companies of different amounts of money.
  • Bankrupt refused or neglected to answer fully and truthfully all proper questions at any examination held pursuant to the BIA.
  • Bankrupt knowingly made a false statement to obtain credit.

Court decision

The bankrupt pleaded guilty to three offences under the BIA and two counts of fraud under the Criminal Code. He received an 18-month conditional sentence: nine months of house arrest and nine months of curfew. He must also perform 200 hours of community service and not possess or apply for any credit cards for 18 months. In addition, he must make restitution of $111,000 to the trustee.


Criminal/penal case
Court/OSB Nos.: 31-1136197 and 31-1033823

Background

A husband sold the family home to his wife. The wife immediately remortgaged that home. After four months, she stopped making mortgage payments on it. Soon after that, the family moved to a new home that they bought in their daughter's name. The daughter made a $228,000 down payment on the home using money her father gave her. When the wife filed for bankruptcy, she reported her previous house as an asset. In addition to the mortgage debt on that previous house, she owed $169,000 in other debts. The husband filed for bankruptcy 10 months after the wife, declaring debts of $270,000. The husband said that he had given the house to his wife as part of their separation agreement, along with $100,000. Then the husband changed his account of the events and said that he had sold the house to someone else and given $100,000 of the proceeds to his wife as part of a separation agreement. An investigation concluded that the down payment on the second home likely came from the wife's purchase and remortgaging of the first home in an attempt to shield that money from bankruptcy proceedings. The investigation also found that both spouses accumulated most of their debt in the seven months before they filed for bankruptcy. Each had obtained more than $130,000 in cash advances, as well as bought goods on credit.

Summary of offences of the bankruptsFootnote 2

  • Bankrupts used deceit, falsehood or other fraudulent means to defraud various credit-card companies of different amounts of money.
  • Bankrupts refused or neglected to answer fully and truthfully all proper questions at an examination held pursuant to the BIA.
  • Bankrupts disposed of property obtained on credit and not paid for.

Court decision

The husband pleaded guilty to five offences under the BIA. He received a 15-month conditional sentence that included six months of house arrest. He must also make two separate restitution orders to the trustee: one for $30,000 and another for $127,000. The wife pleaded guilty to five offences under the BIA. She received a suspended sentence with 12 months of probation, 120 hours of community service and a ban on obtaining credit for 12 months. She must also pay $10,000 in restitution to the trustee.


Criminal/penal case
Court/OSB No.: 31-1375147

Background

A man earning about $2,000 a month was spending about $5,000 each time he went to a casino, which he did regularly. During his examination under oath with the Office of the Superintendent of Bankruptcy, he admitted that he obtained money to gamble by applying for credit in his sister's name, sometimes without telling her, and lying about her income. Another way he obtained cash was by forging his sister's signature on cheques and depositing them into her bank account. He would then withdraw funds against the deposits before the cheques bounced. When he filed for bankruptcy, he had debts totalling $174,000.

Summary of offences of the bankruptFootnote 2

  • Bankrupt, by deceit, falsehood or other fraudulent means, defrauded the public or any person, whether ascertained or not, of any property, money or valuable security or any service.
  • Bankrupt did not fully and truthfully answer questions at an examination held pursuant to the Act.

Court decision

The bankrupt pleaded guilty to the above-mentioned offences. He received a 12-month conditional sentence for each offence, to be served concurrently. Restitution Orders totalling $77,000, payable by the bankrupt to the trustee for the benefit of the estate, were also issued.

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Criminal/penal case
Court No.: 500-73-003584-113
OSB No.: 41-1195802

Background

A man was employed by a bakery and earned less than $15,000 a year. When he already had debts of nearly $40,000, he incurred additional debts of $115,000 in one year. He obtained $250,000 in cash advances and various merchandise. He made debt payments in the amount of $260,000, of which $105,000 was refused. On one application for a credit-card, he declared annual income of $42,000. At the time of his bankruptcy, he had 18 credit card, two bank accounts and a line of credit; his debts totalled $156,000. He attributed his financial difficulties to his low income and overindebtedness.

Summary of offences of the bankruptFootnote 2

  • Bankrupt used deceit, falsehood or other fraudulent means to defraud various credit-card companies of different amounts of money.

Court decision

The bankrupt pleaded guilty to 20 counts of fraud. He was sentenced to two years less a day, to be served in the community, with the following conditions:

  • remain at home 24 hours a day for the first six months, and between 11:00 p.m. and 6:00 a.m. for the next 18 months less a day;
  • perform 200 hours of community service within 12 months;
  • not possess any credit cards.

In addition, three years of probation and prohibition against possessing any credit cards will begin at the end of the sentence.

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Criminal/penal case
Court No.: 09-20023
OSB No.: 41-299316

Background

A man accumulated debts of more than $450,000 in nine months. He far exceeded his credit limits by obtaining cash advances and making payments using not sufficient funds (NSF) cheques. He obtained a loan for a motorcycle and a tent trailer; and purchased electronics, as well as clothing, furniture and jewellery, using credit he never repaid. Moreover, he spent $10,000 in Atlantic City and purchased airline tickets to a foreign country. At the time of his bankruptcy, he had 29 credit cards. He attributed his bankruptcy to the loss of his job and to gambling problems.

Summary of offences of the bankruptFootnote 2

  • Bankrupt used deceit, falsehood or other fraudulent means to defraud various credit-card companies of different amounts of money.

Court decision

The bankrupt pleaded guilty to 23 counts of fraud. The Court suspended his discharge and ordered him to repay $151,000 to the financial institutions. The bankrupt will also be on probation for two years.


Criminal/penal case
Court No.: 500-73-003491103
OSB No.: 41-1150260

Background

Having already accumulated debts of $2,000, a man incurred additional debts prior to losing his job. He continued to take on debts, knowing that he could not pay his creditors. He applied to increase his credit limits, which he very quickly reached. Ten months later, he had about 30 credit cards or lines of credit, and debts exceeding $196,000. He declared bankruptcy, attributing his financial problems to the fact that he was unemployed.

Summary of offences of the bankruptFootnote 2

  • Bankrupt used deceit, falsehood or other fraudulent means to defraud various credit-card companies of different amounts of money.

Court decision

The bankrupt pleaded guilty to one count of fraud covering all of his offences. He was sentenced to 18 months, to be served in the community, with a number of conditions.

2011

Background

An unemployed man obtained a total of $132,000, using credit cards and lines of credit, to supplement his family income while sending another $104,000 to support relatives overseas. He also gave money to his wife to go to the casino. He would make minimum payments to his creditors so that he could keep borrowing money. He filed for bankruptcy with debts of $244,000.

Summary of offences of the bankruptFootnote 3

  • Bankrupt disposed of property obtained on credit and not paid for.

Court decision

The bankrupt pleaded guilty to 16 counts of fraud. He was sentenced to a fine of $1,350 for each count, for a total of $21,600, with 12 months to pay.


Criminal/penal case
Court/OSB No.: 31-1021329

Background

A bankrupt had not provided her trustee with a statement of income and expenses, nor proof of her income, as required by the BIA. She had also written a cheque to the trustee that her account could not cover. Stating that she was in financial hardship, the bankrupt asked permission to cash a Registered Retirement Savings Plan (RRSP) that was exempt from seizure during her bankruptcy. The institution holding the RRSP asked for proof that she had been discharged from her bankruptcy or permission from her trustee. She had not been discharged from her bankruptcy nor did she have permission from her trustee, so she gave the institution a falsified letter of discharge, forging the signature of her trustee. The falsified letter included the bankrupt's phone number as the contact number and she identified herself as a trustee when she received a call from the institution holding the RRSP. The institution contacted the trustee office, which confirmed that the bankrupt had not been discharged.

Summary of offences of the bankruptFootnote 3

  • Bankrupt used a forged document.

Court decision

The Court ordered a suspended sentence with one year of probation and 25 hours of community service. The bankrupt did not appear for her bankruptcy discharge hearing and remains undischarged.

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Criminal/penal case
Court/OSB No.: 31-1049678

Background

A first-time bankrupt had total debts of $631,000. He gambled at casinos regularly, but when he lost his job he could no longer make minimum payments on his credit cards. He admitted to selling goods that he bought on credit but did not pay for, and using the money to gamble. The goods included appliances, electronics, jewellery and alcohol.

Summary of offences of the bankruptFootnote 3

  • Bankrupt sold an item bought on credit but not paid for.

Court decision

The Court ordered a suspended sentence with 18 months of probation. The bankrupt is to serve the first six months of probation under house arrest, followed by a curfew for the next six months. During the last 12 months of probation, he is to complete 150 hours of community service. While on probation, the bankrupt is not allowed to have or apply for credit cards or lines of credit, and is required to attend counselling sessions for his gambling addiction. He is also required to pay $66,000 to the bankruptcy estate.


Criminal/penal case
Court/OSB No.: 31-1059856

Background

A first-time bankrupt had assets of $6,300 and debts totalling $403,600. He earned $2,350 a month. During his examination under oath with the Office of the Superintendent of Bankruptcy, he stated that over two to three months he withdrew over $200,000 through cash advances. He stated that he obtained this amount of credit through a friend, who would accompany him to banks and help him with his language barrier. The bankrupt claimed that he gave the money to the friend as an investment in an import/export business, but had nothing in writing to prove it. The bankrupt further claimed that when he returned from his honeymoon he discovered that his business partner had taken from him $30,000 worth of furniture bought on credit, but the bankrupt did not file a police report. The bankrupt stated that this friend has left the country. As part of his total debts, the bankrupt also owed $80,000 for wedding and honeymoon expenses and $63,000 for leasing two luxury cars.

Summary of offences of the bankruptFootnote 3

  • Bankrupt did not fully and truthfully answer questions at an examination held pursuant to the Act.

Court decision

The bankrupt pleaded guilty to the above-mentioned offence. Other charges were withdrawn on condition that all circumstances be considered in sentencing. He was sentenced to a 12-month conditional sentence, including six months under house arrest and 50 hours of community service. He must also pay $135,400 to the trustee, including at least $6,000 during the 12-month conditional sentence.

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Criminal/penal case
Court No.: 500-73-003342-090
OSB No.: 41-1061087

Background

Having already accumulated $45,000 in debts, an individual on social insurance incurred additional debts of nearly $200,000 in less than one year. The woman made false statements on her credit-card applications by claiming that she worked for a clothing company. At the time of her bankruptcy, she had incurred debts with about 20 credit companies. She attributed her bankruptcy to her accumulated debts and lack of employment.

Summary of offences of the bankruptFootnote 3

  • Bankrupt used deceit, falsehood or other fraudulent means to defraud various credit-card companies of different amounts of money.

Court decision

The bankrupt was found guilty of 14 counts of fraud and sentenced to two years of probation, with the following conditions:

  • not possess any credit or debit cards that are not in her name;
  • not seek to obtain any credit cards;
  • repay $50,000.

Criminal/penal case
Court Nos.: 500-73-003422-108 and 500-73-003421-100
OSB No.: 41-1107434

Background

An unemployed individual obtained $350,000 in cash advances and made purchases totalling $54,000 over a six-month period. More than $30,000 of these purchases were made at the same convenience store. In addition, the man spent $8,500 to buy airline tickets. At the time of his bankruptcy, he had incurred debts with 38 credit companies. The bankrupt attributed his bankruptcy to a gambling problem.

Summary of offences of the bankruptFootnote 3

  • Bankrupt used deceit, falsehood or other fraudulent means to defraud various credit-card companies of different amounts of money.

Court decision

The bankrupt was found guilty of 34 counts of fraud. He was sentenced to two years less a day, to be served in the community, with the following conditions:

  • remain at home 24 hours a day for the first 12 months, and between 10:00 p.m. and 7:00 a.m. for the next 12 months less a day;
  • perform 240 hours of community service within 12 months;
  • refrain from going to casinos or any other place where there might be gambling;
  • not take any steps to obtain credit cards.

This is to be followed by two years of probation.


Criminal/penal case
Court No.: 500-73-003292-097
OSB No.: 41-1021240

Background

Having already accumulated $9,000 in debts, a woman incurred additional debts of nearly $100,000 in three months, knowing full well how precarious her financial situation was. The woman wrote a number of not sufficient funds (NSF) cheques to try to repay her debts. In particular, she made two deposits that were later cancelled because the issuer's bank account could not be found. She didn't use her credit cards any further, and declared bankruptcy four months later. She attributed her bankruptcy to abusive use of credit and gambling.

Summary of offences of the bankruptFootnote 2

  • Bankrupt used deceit, falsehood or other fraudulent means to defraud various credit-card companies of different amounts of money.

Court decision

The bankrupt was found guilty of 13 counts of fraud. She received a suspended sentence of two years less a day, with the following conditions:

  • remain in the court district, except with written permission from the Court or the supervisor;
  • inform the Court or the supervisor of any change of address or name, and quickly advise them of any change of employment or profession;
  • refrain from going to any establishment where there is gambling for money.

In addition, two years of probation will begin at the end of the sentence.


Criminal/penal case
Court Nos.: 500-73-003436-108 and 500-73-003435-100
OSB No.: 41-1037204

Background

Following his separation, a man sold his house and spent the $85,000 in equity at the casino. His credit-card debts went from $1,500 to more than $137,000 in nine months. Among other things, he purchased construction materials, furniture and electrical appliances. At the time of his bankruptcy, he had no assets. He attributed his bankruptcy to his separation and gambling.

Summary of offences of the bankruptFootnote 2

  • Bankrupt used deceit, falsehood or other fraudulent means to defraud various credit-card companies of different amounts of money.

Court decision

The bankrupt was found guilty of 14 counts of fraud. He was sentenced to 12 months, to be served in the community, with the following conditions:

  • remain at home 24 hours a day for the first four months, and between 11:00 p.m. and 7:00 a.m. for the next eight months;
  • refrain from going to casinos;
  • perform 150 hours of community service within eight months.

In addition, 12 months of probation and prohibition against going to casinos will begin at the end of the sentence.

2010

Background

The bankrupt sold his home two days before he filed for bankruptcy. In his accounting to the trustee, he claimed to have received $43,000 from the transaction. When examined by the official receiver from the Office of the Superintendent of Bankruptcy, however, he said he had received $10,000 from the sale of the property. Upon further investigation, the trustee discovered that the bankrupt had, in fact, received some $135,600 from the transaction. When he filed for bankruptcy, he reported assets of $1,700 and debts of $250,400.

Summary of offences of the bankruptFootnote 3

  • Bankrupt did not fully and truthfully answer questions at an examination held pursuant to the Act.

Court decision

The bankrupt pleaded guilty to one count under s. 198(1)(b) of the BIA for refusing or neglecting to answer fully and truthfully questions under oath when examined by the official receiver. He was found guilty and given a conditional discharge, and sentenced to probation for one year and 75 hours of community service.


Criminal/penal case
Court No.: 4811-998-09-12003743-00
OSB No.: 31-956876

Background

The bankrupt had applied for credit cards and personal lines of credit from a number of institutions, giving false information regarding his employment status and earnings. Through these credit sources, he obtained cash advances and did not repay them. He also bought items on retail credit and resold them without paying for them. He said he used the money for gambling, but revealed that he made large payments to family and friends. When he filed for bankruptcy, he reportedly owed about $265,000 and held assets of $4,600.

Summary of offences of the bankruptFootnote 3

  • Bankrupt obtained credit or property by making false representations.
  • Bankrupt disposed of property obtained on credit and not paid for.

Court decision

The bankrupt pleaded guilty to six counts under the BIA and was sentenced to two concurrent conditional prison sentences of 12 months to be served as follows: The bankrupt will be subject to house arrest and electronic monitoring for the first six months and an imposed curfew for the remaining six months. He was also ordered to repay $145,757.76 to his creditors.

2009

Background

Over a period of five months, an unemployed man accumulated $372,000 in debts with 37 credit-card companies. After making payments totalling $365,000, of which $350,000 was paid with 44 not sufficient funds (NSF) cheques, the man declared bankruptcy.

Summary of offences of the bankruptFootnote 1

  • Bankrupt used deceit, falsehood or other fraudulent means to defraud various credit-card companies of different amounts of money.

Court decision

The bankrupt was found guilty of 25 counts of fraud. He was sentenced to 22 months in prison and two years of probation.


Criminal/penal case
Court/OSB No.: 31-442408

Background

Three months before filing for bankruptcy, the bankrupt sold a van for $5,000 and property at a Toronto address. The bankrupt admitted he had a gambling problem and indicated that his business slowed down, both of which contributed to his insolvency. When he filed for bankruptcy, he reported that he sold the property for $300,000. Further investigation revealed that the property actually sold for $378,000, which is $78,000 more than what he had declared. In addition, he did not disclose the sale of the vehicle.

Summary of offences of the bankruptFootnote 3

  • Bankrupt made a false entry or knowingly made a material omission in a statement or accounting.

Court decision

The bankrupt was convicted of having committed two offences under s. 198(1)(c) of the BIA and was sentenced to pay a $1,000 fine for each offence. He was given six months to pay these fines and was sentenced to one year of probation.

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Criminal/penal case
Court No.: 540-73-000321-077
OSB No.: 41-797669

Background

After accumulating more than $37,000 in debts, an unemployed woman continued to borrow money even though she knew how precarious her financial situation was. She obtained $19,600 in cash advances and made purchases totalling $40,000 over a period of one year. She had 18 different credit cards at the time. When she declared bankruptcy, she blamed her debts on gambling.

Summary of offences of the bankruptFootnote 2

  • Bankrupt used deceit, falsehood or other fraudulent means to defraud various credit-card companies of different amounts of money.

Court decision

The bankrupt was found guilty of 14 counts of fraud. She was given a 12-month suspended sentence, with the following conditions:

  • remain at home 24 hours a day for the first four months;
  • remain at home between 11:00 p.m. and 7:00 a.m. for the next four months, the only authorized absences being for medical reasons and religious activities;
  • not possess or seek to obtain any credit cards; and
  • not go to casinos or any other place where there might be gambling.

In addition, one year of probation will begin at the end of the suspended sentence.


Criminal/penal case
Court No.: 500-73-002842-074
OSB No.: 41-334472

Background

An individual worked as a cashier and his wife didn't work. Even though they had already accumulated debts of $110,000, they continued to make purchases totalling more than $500,000 with their credit cards over a period of six months, contracting debts that they knew they would never be able to pay. At the time of the bankruptcy, the couple had debts with 77 credit card companies.

Summary of offences of the bankruptsFootnote 2

  • Bankrupts used deceit, falsehood or other fraudulent means to defraud various credit-card companies of different amounts of money.

Court decision

The bankrupt was found guilty of 15 counts of fraud. He was sentenced to a prison term of two years less a day, as well as three years of probation following imprisonment.

The bankrupt's spouse was given a suspended sentence of two years less a day, with the following conditions:

  • remain at home 24 hours a day for the entire period of the suspended sentence, the only authorized absences being for legitimate work, medical reasons and religious worship;
  • not possess any credit cards;
  • perform 100 hours of community service in the following year; and
  • have a telephone line without a call-forwarding mechanism.

She was also given a two-year probationary period during which she must keep the peace.

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Criminal/penal case
Court No.: 500-73-002878-078
OSB No.: 41-321646

Background

Whereas the bankrupt had total income of $4,000 in the eight months preceding his bankruptcy, he obtained $85,000 in cash advances in two months and made purchases totalling $15,000 using his credit cards. He paid the credit-card companies using not sufficient funds (NSF) cheques and took advantage of the clearing period to obtain additional cash advances or to make other purchases. In spite of these debts, the bankrupt took a two-month trip. Upon his return, he declared bankruptcy, with debts amounting to more than $95,000.

Summary of offences of the bankruptFootnote 2

  • Bankrupt used deceit, falsehood or other fraudulent means to defraud various credit-card companies of different amounts of money.

Court decision

The bankrupt was found guilty of 15 counts of fraud. He was sentenced to 18 months to be served in the community, with the following conditions:

  • remain at home between 7:00 p.m. and 6:00 a.m. for the first six months, the only authorized absences being for legitimate and paid employment or to go to the hospital or a clinic in an emergency;
  • remain at home for the next six months and respect a curfew of 8:00 p.m. to 6:00 a.m. as per the same conditions;
  • not possess any credit cards;
  • perform 200 hours of community service over a period of 12 months;
  • relinquish his Canadian passport.

In addition, one year of probation will begin at the end of the sentence.


Criminal/penal case
Court No.: 500-73-003134-091
OSB No.: 41-33-6182

Background

After owning a convenience store for three months, a man fell into debt. Although he had only been able to pay rent for two months and the store had been robbed twice, he made purchases totalling more than $171,000 over a period of one year before declaring bankruptcy. At that point, the bankrupt had accumulated more than $153,000 in debts with 19 credit card companies.

Summary of offences of the bankruptFootnote 2

  • Bankrupt used deceit, falsehood or other fraudulent means to defraud various credit-card companies of different amounts of money.

Court decision

The bankrupt was found guilty of 17 counts of fraud. He was sentenced to a prison term of 12 months concurrent and two years of probation beginning at the end of his prison sentence. He was also prohibited from possessing any credit cards.


Criminal/penal case
Court No.: 500-73-002895-072
OSB No.: 41-833483

Background

A man had a job that provided him with income of $22,000 in nine months. He also owned a company. He accumulated $106,000 in additional debts over a period of five months, including $90,000 in less than one month. His business declared bankruptcy and one month later, he declared personal bankruptcy for a total of $273,000.

Summary of offences of the bankruptFootnote 2

  • Bankrupt used deceit, falsehood or other fraudulent means to defraud various credit-card companies of different amounts of money.

Court decision

The bankrupt was found guilty of eight counts of fraud. He was given a 12-month suspended sentence, with the following conditions:

  • remain at home 24 hours a day for the first four months;
  • remain at home between 11:00 p.m. and 6:00 a.m. for the next four months;
  • not possess or seek to obtain any credit cards;
  • not go to casinos or any other place where there might be gambling; and
  • perform 85 hours of community service during the 12 months.

In addition, two years of probation will begin at the end of the suspended sentence.

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