Toronto (August 08, 2019) – Kevin Plange’s sentence of 13 months in jail for defrauding the Canada Revenue Agency (CRA) of more than $41 million was raised to three years by the Ontario Court of Appeal. Nevertheless, Plange served already his initial sentence. Since his rehabilitation does not indicate otherwise, the court decided that he did not need to return to prison.
The higher court declared that Plange’s original sentence of 13 months did not meet the mandatory minimum for fraud over $1 million, which is two years and was subsequently not appropriate to the intensity of the crime. The Canadian Press reports that the Appeal court explained the overruling by the understatement of the moral blameworthiness of Plange. Furthermore, the court emphasized the validity of the mandatory minimum sentencing. The Appeal Court declared further that the disregard of the mandatory minimum sentencing by the trial judge was an unacceptable hypothetical exercise in striking down the provision as unconstitutional.
In March 2017, Kevin Plange, a University of Toronto student, was sentenced to 13 months in jail after he plead guilty to one count of fraud over $1 million. The trial judge explained his decision with the declaration that the mandatory minimum sentencing provision would be unconstitutional. While exercising his fraud scheme, the CRA sent Plange $41.8 million in total. He was only able to withdraw $15,000. The money was paid back fully.