Nick's Case — Fraudulent Use of Credit card Data — Dismissed

Client:  Nick J., Accused
Complainant:  Toronto Police Service
Charge:  fraudulent use of credit card data

Background:  Nick's a clean-cut guy. His friend Daniel was not. One day at the mall, the police cornered them. The police alleged that Daniel had threatened someone with a gun the week before. The police searched them and their vehicles. Daniel was charged with point firearm. They both were charged with fraudulent use of credit card data. For 16 months, Nick had another lawyer. Two weeks before his trial, Nick and his girlfriend saw me for a second opinion. Exasperated, Nick's girlfriend complained that they had just seen Nick's lawyer, and that the lawyer didn't remember Nick or his case.

READ THE POLICE REPORT

Goals:  Being a foreign student, Nick needed to avoid any finding of criminal guilt.

Strategy:  Nick's two-day trial was less than two weeks away. We could have delayed the trial but I decided to forge ahead. I expected the Crown to have two problems. The first was that Nick was charged with the wrong offence. He should have been charged with "possessing" stolen credit card data, not "using" it. The second was that the Crown did not have the documents to prove the true ownership of the credit card data. Left unattended, either problem could prove fatal for the Crown.

Results:  At the end of the first day of trial, the Crown asked if I would admit that Nick did not own the credit card data in question. I said "no." The next morning the Crown reported to the Judge that they were unable to secure a necessary witness. The credit-card charge was dismissed.

READ THE COURT TRANSCRIPT
READ NICK'S TESTIMONIAL