HOUSE ARREST FOR $120,000.00 BREACH OF TRUST

Often, clients who perpetrate large scale frauds do so to feed a drug habit, a gambling addiction, or some other addiction. These factors are viewed sympathetically by the Courts, since they constitute bona fide illnesses. Thus, with proper treatment in place, it can be argued that the accused will be less likely to re-offend. However, not all clients have such an eloquent excuse for their behavior. In this case, the accused perpetrated a fraud against her employer for a sum of approximately $120,000.00. Any fraud on ones employer is considered a breach of trust, which is a highly aggravating factor on sentence. The law states that those who put their employers finances at risk should receive jail, in all but the most exceptional cases. The client unfortunately, had blown every single cent of the money on shopping. In this vein, the client was unable to pay back any of the funds. Thus, the only argument remaining to keep the client from going to jail, were the principles enunciated in the Supreme Court of Canada case of Proulx. Despite the lack of mitigating factors concerning the motive for the crime, with careful review and collateral supports in place, Mr. Lewandowski successfully argued for a conditional sentence of 2 years, allowing the client to serve her sentence at home.