November 30, 2025 - Posted by: Allan Gold - In category: Elder Law, Health, Retirement, Small Business Law - No responses

Gold’s Legal Minute*GLM*

By Allan Gold, lawyer Montreal and elder law attorney

Vol. 16, #10 – November 30, 2025

By Allan Gold, lawyer Montreal and elder law attorney

PREAMBLE

‘Allegations must be proven in court.’ Indeed, “Sir William Garrow coined the phrase “presumed innocent until proven guilty”, insisting that defendants’ accusers and their evidence be thoroughly tested in court.”

OPENING

“I fought the law and the law won” That’s the song being sung by some scammers targeting seniors. Hooray for the good guys. If ‘information is power,’ as a lawyer Montreal, elder law attorney, I say, “I’ll use my pulpit to make seniors even more informed!”

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“Scammers are using deep fakes to impersonate victims’ family members in order to steal their money. As fraudsters continue to scheme, we need to make sure we utilize AI so that we can better protect innocent Americans and prevent these scams from happening in the first place.” 1 — Jon Husted

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DEFINITIONS

Knowing what something really means is a great start, Hereinafter are the definitions of several key words and phrases.

“‘Grandparent Scams” -“Grandparents often have a hard time saying no to their grandchildren, which is something scam artists know all too well.

Scammers who gain access to consumers’ personal information – by mining social media or purchasing data from cyber thieves – can create storylines to prey on the fears of grandparents. The scammers call and impersonate a grandchild – or another close relative – in a crisis situation, asking for immediate financial assistance. Sometimes these callers “spoof” the caller ID to make an incoming call appear to be coming from a trusted source.

Often the imposter claims to have been in an accident or arrested. The scammer may ask the grandparent “please don’t let mom and dad know,” and may hand the phone over to someone posing as a lawyer seeking immediate payment.” 2

“Grandparent scams” – “These deceptive schemes often target seniors, but anyone can fall victim to them. This scam can take a variety of forms, but they all follow a similar formula: Suspects use high-pressure tactics to convince the victim to send money to “help” a family member in distress.” 3

“Restitution” – “noun [ U ] uk/ˌres.tɪˈtʃuː.ʃən/ us/ˌres.təˈtuː.ʃən/…the return of objects that were stolen or lost:“ 4

‘Vulnerable“ – “1. adjective Someone who is vulnerable is weak and without protection, with the result that they are easily hurt physically or emotionally. Old people are often particularly vulnerable members of our society.” 5

STATISTICS

Grandparent scams are a real problem. Here’s how much.

CAFC 2024 Annual Statistical Report

“Fraud is continuing to cause significant harms to Canadian consumers and businesses. From increases in financial losses to devastating emotional and psychological impacts, the Canadian Anti-Fraud Centre (CAFC) continues to document victim accounts of fraud that show the ever-evolving complexity, sophistication and scope of this crime.” 6

“Tackling romance fraud and emergency grandparent scams

Targeted at the laundering of proceeds stemming from romance fraud and emergency * grandparent scams
Focused on identifying the perpetrators and helping to protect victims and their money
Generated 85 financial intelligence disclosures (58 proactively), which identified 174 subjects

In April 2024, FINTRAC’s financial intelligence was recognized by the Ontario Provincial Police in Project Sharp, an investigation of an emergency grandparent scam resulting in $2.2 million in reported losses Canada-wide. As a result of the investigation, 14 individuals were arrested and 56 charges were laid. In addition, 126 victims were identified and provided support and fraud prevention material.” 7

STATUTE

This is a kind of fraud. Fraud is a crime. Here’;s the key provision.

Criminal Code ( RSC , 1985, c. C-46)

“Fraud

380 (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,

(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or

(b) is guilty

(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or

(ii) of an offence punishable on summary conviction,

where the value of the subject-matter of the offence does not exceed five thousand dollars.

Marginal note:Minimum punishment

(1.1) When a person is prosecuted on indictment and convicted of one or more offences referred to in subsection (1), the court that imposes the sentence shall impose a minimum punishment of imprisonment for a term of two years if the total value of the subject-matter of the offences exceeds one million dollars.

Marginal note:Affecting public market

Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, with intent to defraud, affects the public market price of stocks, shares, merchandise or anything that is offered for sale to the public is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years. R.S., 1985, c. C-46, s. 380 R.S., 1985, c. 27 (1st Supp.), s. 54 1994, c. 44, s. 25 1997, c. 18, s. 26 2004, c. 3, s. 2 2011, c. 6, s. 2”

CASES

Karim Haddouche (accused) File #24-3637
Dateline- Saanich, British Columbia -September 23, 2025 -“Quebec Man Convicted of Scam
Targeting Seniors” Saanich Police wrote:

It was alleged that Mr. Haddouche with an accomplice “were responsible for two similar frauds that had recently occurred in the Nanaimo area.” It was alleged that “In total, the pair had defrauded four Vancouver Island seniors of over $43-thousand dollars.”

Karim Haddouche was “charged with four counts of fraud over $5000.” “On September 16, 2025, Karim Haddouche plead guilty to all four counts of fraud he faced. As part of his sentencing decision, he was required to repay his victims in full….” 8

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“Scams targeting seniors are alarmingly common, with millions of dollars lost each year and only a small fraction recovered and returned to victims. With this case, knowing that the funds are being returned is a great feeling. To the public, if you receive an unsolicited call pressuring you for money, take a breath and think before you act. Checking in with someone you trust could prevent you from becoming a victim of fraud.”— Det. Cst. Misha Smirnov, “ 8

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Individual #1 Individual #2 Individual #3 Individual #4 Individual #5 Individual #6 (Accused)
Dateline Montreal, Quebec -Oct 17, 2025
Matthew Lapierre of CBC News wrote:

“The men — … pleaded guilty on Thursday to conspiracy and fraud charges. In an agreed statement of facts filed in court, they acknowledged making scam calls to U.S. seniors between 2019 and 2021.

Prosecutors say they sought $1.5 million dollars from 1,700 people, much of which authorities say was seized before the scammers received it.

…

As part of their guilty plea, the men must pay about $90,000, the bulk of which is owed by …in reimbursement payments to eight victims. According to the agreed statement of facts, … is the scam network’s leader.” 9

ANALYSIS

Mr. Karim Haddouche was charged with four counts of fraud over $5000. In other words, the Crown is stating that by deceit, falsehood or other fraudulent means, he did defraud the victim of any property, money or valuable security or any service,

Essentially, fraud is the crime of getting money by deceiving people: Making scam calls is just one of many techniques. Victimizing seniors is a conscious choice because perpetrators believe them to be easier prey. They perceive elderly as being more likely than naught to be socially isolated, being in ill-health, having lower personal mobility, etc.

I point out that in both these instances, an accused did plead guilty.

Also the perpetrator was ordered to make restitution, that is to say, they were ordered to make up for damages or harm suffered upon the victim.

NOTEWORTHY

Allan J Gold is now featured in FeedSpot Top 90 Canada Law Blogs. Check it out at https://bloggers.feedspot.com/canada_law_blogs/

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CONCLUSION

First, it’s not alright to cheat and steal. And of course, you’re not supposed to harm, hurt, neglect the vulnerable. Instead you’re obliged to protect them. As a lawyer Montreal, elder law attorney, I say, “Let’s all do our part so that more scammers face justice!**

ALLAN J. GOLD, lawyer Montreal, elder law attorney.

www.allanjgold.com

NOTICE – CAUTION –DISCLAIMER

The material provided herein is of a general nature, strictly for informational purposes. The interpretation and analysis is not to be misapplied to a personal situation with a particular set of facts. Under no circumstances, are the herein suggestions and tips, intended to bring a reader to the point of acting or not acting, but instead, the hope is that they are to be a cause for pause and reflection. It is specifically declared that this content is not to be a replacement of, or a substitution for, legal or any other appropriate advice. To the contrary, for more information on these presents, related subjects or any other questions, it is the express recommendation of the author that everyone seek out and consult a qualified professional or competent adviser.

1. https://www.brainyquote.com/topics/scams-quotes

2.https://www.fcc.gov/consumers/scam-alert/grandparent-scams-get-more-sophisticated

3. https://rcmp.ca/en/bc/richmond/news/2025/11/4347993

4. https://dictionary.cambridge.org/dictionary/english/restitution

5. https://www.collinsdictionary.com/dictionary/english/vulnerable#google_vignette

6. https://antifraudcentre-centreantifraude.ca/annual-reports-2024-rapports-annuels-eng.htm

7. https://fintrac-canafe.canada.ca/publications/ar/2025/1-eng#s3

8. https://saanichpolice.ca/2025/09/23/quebec-man-convicted-of-scam-targeting-seniors/

9. https://www.cbc.ca/news/canada/montreal/6-montrealers-plead-guilty-to-participating-in-grandparent-scam-targeting-u-s-seniors-9.6942433

Tags: #fraud, #grandparentscams

Allan J Gold

Lawyer

Canada: Scammers Targeting Seniors Face Justice!**

CAFC 2024 Annual Statistical Report