Our client was charged with defrauding investors out of $90,000 as part of a property development scheme. Police alleged that he had taken the investment money and kept it for his own benefit.
The alleged offence had occurred about 10 years prior to our client being charged. Our client instructed that the development had simply failed and that he had no intention to defraud anyone. He also instructed that he felt bad for the investors and wanted to see some of the money returned to them.
Our client had boxes of records from the period which we painstakingly went through and analysed. Our view was that the prosecution could never determine whether it was a criminal or civil matter.
After hearing our argument the prosecution eventually agreed to offering our client diversion on the condition that he repay $50,000 to the investors.
Our client was very happy with this outcome as it meant he avoided a criminal record while still making good on some of the money to the investors.