Charged with fraud over $5000.00. Breach of trust, forging documents, changing the accounting books... etc. My old employer is accusing me of stealing $366,000 which I did NOT do. I have a prior criminal record (20 years ago)of which I was in the process of getting a pardon. Let's pretend I'm proven guilty for whatever reason, what would be my penalty? Jail time? House arrest? Fine?

This is for Ontario, Canada

Hello B:

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Let's pretend I'm proven guilty for whatever reason, what would be my penalty? Jail time? House arrest? Fine?

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$366 K is a lot of scratch.. I think you'll do some time.

excon

Record Suspension (previously calleld Pardon) rule indicate that you can not apply until 10 years AFTER you satisfy entire sentence. So if convicted and ordered to pay restitutuion, it could take a long long time to pay it back. I had a pardon client that was given 5 years to pay his large restitution. Equating it to an 'interest free loan'... he saved and saved and waited until he had the full amount to pay it. He did not realize that the waiting period (previously 10 years, now 5 years) did not begin until paid in full. Had he realized this... he would have mortaged his house and paid it sooner! So, in addition to the sentence... you have to thing about the fall out. Also, if convicted, for sure you would be inadmissible to the United States and it could take upwards of 5 years before the US even considers granting a waiver allowing you legal entry to the United States.

If you did NOT do it... maybe the owner is trying to hide cash from the government... treating such a large sum as a bad debt due to theft? That is a pretty serious allegation... so if not you.. then who? I don't need to know... just a thought which I am sure has crossed your mind.

[QUOTE=Debbie Ward;358344So, in addition to the sentence... you have to thing about the fall out. Also, if convicted, for sure you would be inadmissible to the United States and it could take upwards of 5 years before the US even considers granting a waiver allowing you legal entry to the United States.[/QUOTE]

Who mentioned anything about entry into the US from CDA? Waiver, don't think so, if convicted of not one but a couple of federal offences (in Canada) she won't be allowed into the US for a lot longer the five years!

... and he has lots of evidence against you ! What evidence does he have?

A person is inadmissible the United States with 2 or more sumamary offences or 1 or more indictable offences... as they relate to crimes of dishonesty... so I am not sure what you mean by "a couple of federal offences". The exception rule ONLY applies to one crime of dishonesty tried summarily. His offence is indictable and does not qualify for the exception rule.

FYI... I have been processing pardons and waivers for 25 years... and have handled thousands of such applications.

This person wanted to know the fallout... sometime when a person asks a question... they don't know what else they should be asking. So, in addition to asking "what can I be sentenced to", they need to ask what are other consequences can they suffer... in which case there are 2 things to consider which are (a) when can they get a pardon (now called record suspension) and (b) can they go to the US?

I've known people to plead guilty not knowing these additional things, and had they known, they'd have re-though how they were going to deal with the charges... i.e.. If travel to the US was mandatory for their current job it might become even more important to fight the charges.

Hello D:

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I have a prior criminal record (20 years ago)of which I was in the process of getting a pardon.

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there are 2 things to consider which are (a) when can they get a pardon (now called record suspension) and (b) can they go to the US?

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Having a 20 year old conviction, plus a brand new one, will result in NO pardons, EVER.

Plus, with TWO convictions, I don't believe the US will EVER let this person in.

excon

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Originally Posted by Debbie Ward

A person is inadmissible the United States with 2 or more sumamary offences or 1 or more indictable offences... as they relate to crimes of dishonesty... so I am not sure what you mean by "a couple of federal offences". The exception rule ONLY applies to one crime of dishonesty tried summarily. His offence is indictable and does not qualify for the exception rule.

FYI... I have been processing pardons and waivers for 25 years... and have handled thousands of such applications.

This person wanted to know the fallout... sometime when a person asks a question... they don't know what else they should be asking. So, in addition to asking "what can I be sentenced to", they need to ask what are other consequences can they suffer... in which case there are 2 things to consider which are (a) when can they get a pardon (now called record suspension) and (b) can they go to the US?

I've known people to plead guilty not knowing these additional things, and had they known, they'd have re-though how they were going to deal with the charges... i.e.. If travel to the US was mandatory for their current job it might become even more important to fight the charges.

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There was no mention of travel in the original post. By 'fallout' I would be more inclined to think poster meant domestic fallout(meaning in his/her own country).

OP has supposedly committed Canadian FEDERAL offences, so if convicted in the Supreme Court of Canada, would be facing jail time of ten years or more.

Let's pretend?
Why am I getting the feeling that you took SOME MONEY - just less than 366,000...
I don't suppose you want to tell us the real deal here.
I don't suppose you have a lawyer.

hi Debbie, thanks for the reddie but can you make this link more accessible, but why put the WHOLE thing with the reddie, why not just post it here so EVERYONE can see it

Fraud over = indictable, exception rule only applies to 1 summary offence.", "source": "http://canadianlegal.org/blog/inadmissible-to-the-united-states/?preview=true&preview_id=1374&preview_nonce=87e231 dd84&post_format=standard"}

Debbie, you are not in a position to be hitting so many people with negative ratings.
You aren't even reading the question! You are so eager to prove how much experience you have that your responses aren't even pertinent.

No, I did NOT take ANY money... don't be so quick to "READ" between the lines and make you own judgement... and yes, I do have a lawyer

Debbie: Thank you for you input on the US Waiver... I have received the waiver for the previous one, put was just waiting for the pardon to come through... I think at this point, I'm interested in knowing what the penalty will be, if proven guilty... The courts seem to wrongfully convict a lot of people, you hear it all the time on the news... I'm not so worried anymore as I was when I first posted the question

Yes, Debbie, I have thought about them having to hide something and hence blaming me or even someone else did it and is blaming me... I'm not sure what they have yet, as I haven't received the disclosure