Riley's Case — 419 Fraud — Withdrawn

Client:  Riley, Accused
Complainant:  York Regional Police Service
Charges:  Utter Forged Document and Fraud Over $5000

Background:  Riley wasn't "living the life of Riley." He wasn't working and the bills were piling high. Bankruptcy was just around the corner. But then his fortunes turned — or so he thought. Riley fell prey to a 419 scam (named after a former section of the Nigerian Criminal Code — visit 419eater.com to learn more). Riley received an e-mail from a lawyer in Nigeria. The lawyer identified Riley as the beneficiary of a multimillion dollar estate. The lawyer started "processing" the claim, and Riley started paying the processing fees. The fees grew but Riley saw no money. He became suspicious. Riley e-mailed the lawyer complaining and refusing to pay more fees. The lawyer had a convenient solution. He arranged a short-term loan from a source in Canada. The loan would cover the processing fees and provide a small advance on his estate. Soon afterwards, Riley received a $38,000 cheque with instructions. Riley deposited the cheque and wired $8000 to Nigeria. The cheque turned out to be forged. The bank seized the remaining funds. There wasn't any estate. Reality finally hit home. All totalled, Riley was out of pocket $1200. A few months later the police called wanting "to talk."

READ THE POLICE REPORT

Goals:  Riley wanted to avoid being charged. If charged, he wanted the charges withdrawn or dismissed.

Strategy — Arrest:  Riley got the impression from the officer that she only wanted to talk and look at his documents (Nathan had a similar impression). Although I rarely advise a client to make a statement to the police, Riley wanted me to explore that possibility. Fortunately, Riley had kept every e-mail and receipt. I telephoned the officer to determine her intentions regarding Riley and to determine if we might avoid Riley being charged. When we connected, she told me that she intended to charge Riley with fraud over and utter forged document. I explained that Riley had also been duped. I asked if there was any chance she might keep an open mind until looking at Riley's documents and listening to his explanation. She curtly told me that she had no discretion: the bank wanted him charged.

Results — Arrest:  I prepared Riley for his arrest and gave him a statement for the police. He surrendered himself at the police station. He provided neither a statement nor any documents. He was released shortly afterwards.

READ THE ARREST STATMENT

Strategy — Court:  Was Riley guilty of fraud? This depended on whether he was "wilfully blind" to the deceit. If at trial a Judge found that Riley closed his eyes to an obvious scam, Riley could be found guilty. In the early negotiations with the Crown, I was able to generate some sympathy for Riley. The problem was this. Even though Riley was somewhat innocent, the Bank was more innocent. The Crown agreed to withdraw the charge if Riley paid back the $8000. Asking Riley to come up with $8000, however, was like asking him to sail a boat to the moon. At a later Judicial pre-trial meeting, I had further discussions with another Crown and a Judge. Though the Crown's initial position was fair, I argued, it had the effect of prosecuting Riley simply because he had no money. I suggested that Riley swear an affidavit admitting that he owed the $8000. To demonstrate that Riley had never set out to commit a fraud, I also agreed to provide our documents. The Crown agreed to review and consider everything.

Results — Court:  The Crown agreed to accept an affidavit admitting to civil liability. The charge was stayed (like a freeze of the proceedings). Riley could care less about the admission of liability. The debt was already listed in the bankruptcy proceedings.

READ THE COURT TRANSCRIPT
READ RILEY'S TESTIMONIAL