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Old 05-03-2017, 05:17 PM
thatslife500 thatslife500 is offline
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Default Her counsel wants me to forward payment to firm rather than the court?

Hello everyone,

Thank you in advance for the responses. I plead guilty to one count of fraud over in January 2017, in the Ontario Provincal court. I was granted a “no condition” bail as part of the guilty plea in order to make the restitution. I was incarcerated for 12 months before the guilty plea. I agreed to make restitution in the amount of $150,000 tomorrow at my sentencing hearing. At the guilty plea, I was advised to make the payment directly to the court. I have the $150,000 at my disposal already to pay into the court . The victim proceeded in filing a civil suit against me about a month ago to recover the money. It was discovered through the civil statement of claim, that the restitution amount is less than what was in the disclosure and the agreed statement of facts at the guilty plea.

The civil claim indicates the victim is only owed $144,000. When I wrote to her counsel they indicated in writing to me that “We have no idea how you came up with the figure of $150,000”, "My client ’s claim is for $144,000 and was never owed $150,000”. When the victim filed the criminal complaint with the Police, she indicated that she was owed $150,000. In writing, her counsel indicated to me they want me to forward the payment to the firm instead of the court. The victim has not received any restitution to date so we are unsure how the discrepancy of $6000.00 exists. I finally was able to speak to my current counsel directly last night. I have paid her $6500 dollars to date. The agreement was that this would cover me for the sentencing hearing tommorow. She advised me she would require another $5500 by tomorrow. I said that was unacceptable on such short notice. She then advised me it would be best for me to seek counsel who can handle both matters (criminal/civil). I told her I am not willing to pay the extra with less than 24 hour notice. She then told me truthfully she does not feel comfortable handling both the criminal and civil component of the case. So now I am out of pocket $6500.00 and forced to fend for myself in court tomorrow Again, I am able to make the restitution but the amount is now in question. At this point I do not know who to pay and what amount to pay. Do I pay the civil lawyers or the court. If I do not forward payment to the firm directly they are threatening damages of over $50,000. So essentially, I plead guilty to a statement of facts that was incorrect (restitution amount). I am due to be sentenced tomorrow when I am supposed to submit the payment to the court. My old counsel instructed me to appear tomorrow and ask for an adjournemnt. She said that the discrepancy with the restitution and who to pay has to be addressed with the court before proceeding. She indicated that in the future, if I choose to apply for a pardon or a waiver of inadmissibility to the United States, the relevant documents will indicate restitution was made in the amount of $144,000 and not the court ordered $150,000. I also forgot to mention other victims in the case (those charges were dropped due to lack of evidence) are also being sued in the civil statement of claim. New information has come forward that they actually profited from the fraud personally. So the agreed statement of facts read out in court is also incorrect regarding the other victims.

I am going to appear in court tomorrow and try to explain the current situation to the judge and hopefully get an adjournemnt. I now have to hire another lawyer who can handle both matters. Any advice what I can say to get the adjournment? I was planning on bringing up the disclosure was incorrect in regards to the restitution amount. Also going to bring up firm wants me to pay them instead of the court.

Any suggestions??
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Old 09-06-2017, 01:47 AM
davidbilly davidbilly is offline
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so what is the current situation of your case? if you need any kind of assistance then you can ask me. I hope everything is fine now.
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