Donna Marie Stancer - A New Age tax-avoiding Sovereign

[Burnaby49]

The jury is being charged today. They should be left to deliberate before the end of the day.

[Burnaby49]

Well that didn't take long. The jury returned guilty verdicts on all counts against both Stancer and LaValley last night. Looks like they decided to get it done right then and there to save having to come back for another day for this nonsense.

Very unfortunately, at least from my position, there will be no written decision since it is a jury trial. Guilty or not guilty is all you get. I love written decisions.

I still have a chance. If there is an appeal I might get one yet.

[Burnaby49]

Here's the Global TV News in Kelowna report on the convictions;

http://globalnews.ca/news/2102618/okana ... -of-fraud/

The trial took three weeks but the jury took only a little over four hours to convict. Donna Marie Stancer and Deanna Lynn Lavalley have been convicted of six fraud related charges.

Sentencing on August 17th. The last time Stancer was convicted of tax avoidance she got a slap on the wrist and a pardon. Not this time.

[grixit]

Sentencing on August 17th. The last time Stancer was convicted of tax avoidance she got a slap on the wrist and a pardon.

Presumably those came with a stern warning.

[Burnaby49]

Sentencing on August 17th. The last time Stancer was convicted of tax avoidance she got a slap on the wrist and a pardon.

Presumably those came with a stern warning.

We're far too lax in the issue of pardons. She has been a tax evader for years and has apparently done her best to profit by counseling others. Fine, give he a little lecture the first time and a trivial sentence, we're suckers here for first-timers. But she shouldn't have been pardoned for tax evasion.

Since she went back to it full tilt and then some after the pardon I'm assuming the court will dump on her this time. Hopefully significant jail time. The courts don't like people counseling tax evasion. We'll find out August 16th.

[Burnaby49]

One down; Deanna Lynn Lavalley was sentenced November 10th.

http://infotel.ca/newsitem/she-helped-d ... na/it24871

Justice Beames found LaValley's role was as a party to Stancer's fraud (ie. she aided or abetted Stancer). She imposed a 6 month CSO and 100% (minimum) fine for the Income Tax Act offence and a 16 month CSO to be served consecutively for the fraud offence.

Justice Alison Beames said she was satisfied Lavalley was essentially a secretary who kept records, fetched coffee and greeted clients but her assistance in the sizeable and sophisticated scam could not be ignored.
“Good luck," she said. "You are fortunate indeed to be permitted in the circumstances… to serve your sentence in the community."

During the 22 months on house arrest, Lavalley can only travel to and from work, must remain in Kelowna and cannot drink alcohol.

I doubt Stancer will get the same cheery "good luck" from the judge. I have no expertise in the issue of conditional sentencing so these may be standard terms however I find the no alcohol one puzzling. Why shouldn't she have a Christmas eggnog at home? And how can the court possibly moniter whether she is having the occasional tipple?

A spectator told me that our old friend David Kevin Lindsay came to watch the hearing. He initially refused to stand when Justice Beames left the courtroom for the morning break. Eventually, with some prodding from the sheriff, he capitulated after Justice Beames told him he would be removed from the courtroom and not allowed to return if he didn't.

[Jeffrey]

During the 22 months on house arrest, Lavalley can only travel to and from work, must remain in Kelowna and cannot drink alcohol.

Apparently 22 months of living like me is considered a punishment in Canada.

[Burnaby49]

January 14th was Stancer's turn for sentencing and she didn't get off as lightly as Deanna Lynn Lavalley. From the CRA website;

Okanagan tax preparer receives 33 month jail sentence and fine for tax fraud

Kelowna, British Columbia, January 14, 2016... The Canada Revenue Agency (CRA) announced today that Donna Marie Stancer, also known as Marie Stancer, was sentenced on January 14, 2016, in British Columbia Supreme Court in Kelowna. Ms. Stancer was convicted on July 8, 2015, of one count of making false statements under the Income Tax Act and one count of fraud under the Criminal Code, relating to the preparation of fraudulent income tax returns for herself and for clients of DeMara Consulting Inc. She was also convicted of a Criminal Code offence for counseling others to evade income tax. Ms. Stancer was ordered to serve a total of 33 months in jail in addition to a court imposed fine of $62,980, representing 100% of the total federal income tax owing.

A CRA investigation determined that Ms. Stancer and partner Deanna Lynn LaValley, while operating DeMara Consulting Inc., claimed false capital and business losses totaling over $192 million on the returns of 224 clients, resulting in attempted refunds of $9,907,964. Of this amount, only $52,832 was paid out. Ms. Stancer also claimed false losses totaling $1,863,674 on her 2007 and 2010 personal income tax returns, resulting in attempted refunds of $62,980.

Ms. LaValley was sentenced on November 10, 2015, for two counts of making false statements under the Income Tax Act and one count of fraud under the Criminal Code.

The preceding information was obtained from the court records.

Taxpayers who claim false expenses, credits or rebates from the government are subject to serious consequences. They are liable not only for corrections to their tax returns and payment of the full amount of tax owing, but also to penalties and interest. In addition, if convicted of tax evasion, the court may fine them up to 200% of the tax evaded and sentence them for up to a five-year jail term.

http://www.cra-arc.gc.ca/nwsrm/cnvctns/ ... 4-eng.html