Charges Laid in Bankruptcy Fraud Investigation
Jul 07, 2016, 08:00 ET
TORONTO, July 7, 2016 /CNW/ - The Integrated Bankruptcy Enforcement Unit comprised of the Royal Canadian Mounted Police (RCMP) and the Office of the Superintendent of Bankruptcy (OSB), has charged an Ancaster man with offences under the Criminal Code (CC) and the Bankruptcy and Insolvency Act (BIA).
Gavin Martin DAND, age 42, of Ancaster, will appear at Old City Hall, Ontario Court of Justice in Toronto on July 8th, 2016, where he will face charges in relation to fraud and the abuse of the bankruptcy process.
It is alleged that Mr. DAND, through his construction company, entered into a contract with a resident of Anacaster to build a garage. It is alleged that at the time Mr. DAND entered into this contract, he misrepresented himself claiming that he was certified as a trade with the city of Hamilton. He also misrepresented photos of property on his company website, including a photo of a completed custom home, which he purported was constructed by himself and his team. It is further alleged that Mr. DAND received 40% of the total cost of the garage project in advance and was to receive an additional 30% once the foundation, walls and roof were in place. It is alleged that even though the walls were not fully completed and there was no roof on the garage Mr. DAND demanded an additional 30% payment and when this additional advance payment was declined Mr. DAND ceased work on the garage until such time the additional payment was made.
Pursuant to the Bankruptcy and Insolvency Act, Mr. DAND, as an undischarged bankrupt, must disclose he is an undischarged bankrupt when obtaining credit of more than $1,000.00. It is alleged that Mr. DAND obtained advanced payments of more than $1,000.00 in relation to the garage and further advancements to replace a set of stairs in another case, without disclosing he was an undischarged bankrupt.
It is further alleged that Mr. DAND also failed in other responsibilities as a bankrupt.
Mr. DAND has been charged with:
- Fraud over $5,000 contrary to the Criminal Code (CC).
- Two counts of obtaining credit without disclosing he is an undischarged bankrupt contrary to the Bankruptcy and Insolvency Act (BIA).
- Two counts of failure to perform the duties of a bankrupt contrary to the Bankruptcy and Insolvency Act (BIA).
Bankruptcy is a legal process that can provide relief to honest but unfortunate individuals who are unable to pay their debts. Unfortunately, there are individuals who choose to abuse the system and commit fraudulent activity. When this happens, the Office of the Superintendent of Bankruptcy and the RCMP work diligently to identify individuals who fail to comply with their obligations.
Since January 2014, the Integrated Bankruptcy Enforcement Unit has charged 30 individuals and four corporations with 150 offences under the Bankruptcy and Insolvency Act and 117 offences under the Criminal Code encompassing liabilities of approximately $106 million.
Should members of the public have any information related to bankruptcy fraud schemes they are urged to contact either the Ontario RCMP at 1-800-387-0020 or the OSB at 1-877-376-9902 or anonymously through Crime Stoppers at 1-800-222-8477.
Website: RCMP in Ontario
SOURCE Royal Canadian Mounted Police
For further information: For media inquiries contact: Sgt. Penny HERMANN, RCMP Media Relations, RCMP "O" Division, 905-876-9571, http://www.rcmp-grc.gc.ca/on/index-eng.htm
Share this article