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Acquitted of a fraud of over $20,000 following a motion for nonsuit

Wednesday, May 29th, 2019

One of Mr Morin's clients was accused of two counts of fraud of over $10,000 each. The plaintiffs were two family members who said that the accused accessed their bank accounts to complete unauthorized transfers to his own bank account. On the first trial day, the accusations were modified for theft, as there was no evidence of fraudulent means or deceit.

During the trial, the plaintiffs and their father testified, presenting bank statements proving there was a transfer to an unknown bank account of the said amounts and adding that these were not authorized in any way. They tried to indicate that the accused might have access to their accounts, but they could not substantiate their claims. Therefore, after the presentation of evidence from the prosecution, Mr Morin presented a motion for nonsuit.

The prosecution argued that there was circumstantial evidence that the accused accessed the accounts, to which Mr Morin replied that circumstantial evidence must be distinguished from hypotheses or speculations. The trial judge agreed with the motion and the accused was acquitted on all charges without even having to testify.

Notice : Not all of Mr Morin's clients are acquitted. This section must not be considered as a judicial opinion or a guarantee he can obtain the same result in your case. Court representations depend on the myriad of facts composing each particular case, the existence of a prior record and your personal situation. Make an appointment for an evaluation of your specific case.

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