The Manitoba Court of Appeal recently dismissed an appeal of a 15 month jail term in a case involving an individual who had obtained stolen credit card data in Asia and used it to purchase goods at retailers in Canada. In R. v. Berthelot, the Court considered an argument that because Berthelot had merely been a pawn of others his culpability was limited. That argument was rejected and in its reasons the court said:

"Denunciation and general deterrence are of paramount importance in fraud cases involving the use of stolen personal financial information. The economy relies on easy acceptance of ever-expanding mediums of paying for goods or services. Criminals exploit that reality in sophisticated ways to the detriment of financial institutions, the public and the economy generally. This case, and other like cases of fraud tourism (where individuals travel to a location where they are unknown solely to commit fraud) are unfortunately all too common. Such criminal activity is difficult to detect and prosecute."

About BLG

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.