Dolly's Case — Fraud (employer) — Withdrawn

Client:  Dolly, Accused
Complainant:  Dolly's former employer
Charges:  fraud under $5000 (6x)

Background:  Like many new immigrants, Dolly was struggling to establish herself. Though not yet a landed immigrant, she managed to find work as a cashier at a major clothing retailer. Socially, she was having less success, though recently she had found a "circle of friends." She was enjoying their company and was happy to leave behind her social isolation. What she didn't realize, however, was that the circle was a noose and that these friends were fiends. Learning of her work as a cashier, these fiends sought Dolly's "help." They proposed a plan. They would present items for purchase and Dolly wouldn't key in everything. Dolly knew this was wrong, but didn't want to risk losing her new-found social network. Her employer uncovered the scam and called the police. After examining the surveillance videos, the police arrested Dolly at the store. She immediately admitted her wrongdoing. She was later released from the police station. Days later Dolly was sitting in my office. She felt ashamed and was heavy with worry. She knew she had made a mistake, but was terrified about going to jail or being deported.

READ THE POLICE REPORT

Goals:  Dolly was still waiting for her landing to be processed. Dolly's immigration lawyer informed us that it would be best if she could avoid a finding of guilt. Failing that, we would need to avoid a conviction (by obtaining an absolute or conditional discharge).

Strategy:  This case involved a breach of trust. Such cases are treated more seriously, often resulting in jail sentences. Dolly didn't have a momentary lapse in judgment. The fraud involved many persons, was organized, and occurred over several days. I didn't expect much sympathy. Moreover, the Crown, having both the video and the admission, would have every reason to wax confident. I needed something to shake things up. Fortunately for Dolly, there was an Achilles heel — an illegal strip search. At a Judicial pre-trial meeting with the Crown, the Judge, and the Detective, I argued that the Crown's case was in jeopardy because the police had strip searched Dolly without proper grounds. My proposal was for Dolly to restore the loss and for the Crown to withdraw the charges. I had hoped to get the Judge on-side, but was mistaken. He told me outright that he "had little sympathy for her." The Crown, however, conceded that the issue warranted an inquiry. She said that she wanted to look into whether there were further documents or grounds justifying the strip search. A few days later she contacted me to report that her inquiries yielded no additional information. She invited me to send a letter outlining my position. I agreed.

READ MY SUBMISSIONS TO THE cROWN

Results:  On the next Court date, I again met with the Crown and the Detective. They agreed with my proposal. We adjourned the case to give Dolly time to raise the restitution. All charges were subsequently withdrawn.

READ THE TRANSCRIPT OF THE WITHDRAWAL
READ DOLLY'S TESTIMONIAL