Facts of the case Christina O’Shea fraud occurredbetween December 8, 2009, and August 9, 2010. While O’Shea was working atBranham Group’s CEO, wrote 16 fraudulent cheques totaling $83, 322.68 and$110,169.90 to herself and to her spouse (Ms. Kim Haybrecker) respectively(Dumel 2017).
The cheques summing up to $193,492.58, were drawn from theaccount of Branham group and deposited in a joint account held by both Ms.O’Shea and Ms. Haybrecker. Description of the fraud The fraud associated with ChristinaO’Shea can be defined as defrauding, where there are money laundering and fraudby misrepresentation. O’Shea defrauded Braham group of its money by writingfake cheques. This can be termed as deliberate deception. She engaged in theunlawful use of company’s cheques in order to illegally acquire their funds(Dumel 2017).
O’Shea and her spouse, took the money deposited in their jointaccount, thus committing larceny. This case fraud is suitable for prosecutionas a criminal offense under section 380 (1) (a) of the Criminal Code (Dumel2017)(ACFI Fraud Manual).The fraudsters Ms. O’Shea is the primary fraudster.Ms. O’Shea was working in Branham group as the Chief Financial Officer duringthe period of fraud.
Being a Chief Financial Officer of the company she hadsigning authority, management of cash flow was under her authority and shecontrolled the relationship with HSBC bank as well as reporting any financerelated issue (Dumel 2017). With such authority, she was writing fraudulentcheques frequently to herself and her spouse, Ms. Kim Haybrecker. The chequeswere drawn from the Branham Group Account and deposited in an account which Ms.O’Shea jointly held with Ms.
Haybrecker. Therefore, Ms. Haybrecker is anindirect fraudster since knew about the crime and accepted to take a hand onit. The victims The victims of this defrauding areDona Leith-Gudbranson and Wayne Gudbranson (Dumel 2017).
Wayne Gudbranson wasBranham Group’s CEO while Dona Leith-Gudbranson was his wife. The two victimssuffered both financial and non-financial damages. Ms. Leith-Gudbransonexplains how the fraud affected their family financially (Dumel 2017). She saidthat she used money from her mother’s estate to meet bills and pay credits thatresulted from accounts of Branham Group being empty (Dumel 2017).
Their creditscore was lowered too. Mr. Gudbranson nearly committed suicide, he felt shame,lost his joy and now suffers from vertigo, resulting from extreme stress. Outcomes When Ms.
O’Shea was apprehended, shewas charged with fraud pursuant to section 380(1) (a) of the Criminal Code after a three-daytrial. She was judged of defrauding Branham Group, her employer of almost $200,000 (CDN) while she was working for the company as the Chief Financial Officer(Dumel 2017). Judge Dumel J.
sentenced Ms. O’Shea to a custodial term of 18months. She was also, subjected to a probation order of 18 months aftercompleting the custodial portion of her sentence under the following terms;maintain peace and behave well, appear before the court when required, reportto her probation officer in two business days after her release, and whenrequired by the probation officer, continue with her medication, attend to allcounselling programs, make efforts to get employment, notify probation officerof any change of her address and lastly, she was prohibited from obtaining anyemployment or volunteering in any position to manage real property money orvaluable security of another person (Dumel 2017). In addition, she wassubjected to a restitution order amounting to $100, 000 in favor of BranhamGroup pursuant to section 738 of the Criminal Code.