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Former investment advisor's fraud motivated by personal gain, court hears – CBC.ca

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Joan McCarthy, 54, is handcuffed by a sheriff’s officer at provincial court in St. John’s. Her lawyer, John Duggan, speaks with McCarthy before she is sent to prison. (Danny Arsenault/CBC)

A former Newfoundland and Labrador investment advisor who swindled at least $710,000 from elderly clients over a 13-year period has been ordered to pay the money back and serve a federal prison sentence.

Joan McCarthy, 54, worked at MD Financial Management, an investment company which serves physicians and their families. The fraud was discovered during a company audit in 2019 and was reported to the Royal Newfoundland Constabulary, a St. John’s court heard Wednesday afternoon.

McCarthy, who was employed at the company since 2000, had already quit by the time the fraud was discovered.

McCarthy had been facing 24 charges, including multiple counts of fraud over $5,000, forgery, uttering a forged documents and possessing property obtained by crime.

She later pleaded guilty to five charges, admitting to defrauding one couple of over $357,000, a woman out of over $260,000 and taking over $92,000 from a male client. There had been other victims, but they have since died, said Crown prosecutor Scott Hurley.

“Just that I’ve hurt a lot of people. I’ve hurt my victims, I’ve hurt my family and coworkers. I regret that and I’ll regret that for the rest of my life,” McCarthy said when asked if she wanted to address the court.

Provincial court Judge James Walsh said Joan McCarthy ought to pay back in restitution the full amount she stole from 2006 to 2019. (Glenn Payette/CBC News)

The Crown and defence offered an agreed statement of facts and asked that McCarthy serve a federal prison terms of two years plus one day, and be ordered to pay MD Financial Management $184,954 in restitution.

McCarthy’s lawyer John Duggan explained that RBC returned over $500,000 to MD Management to repay victims of McCarthy’s fraud. He said the bank has civil litigation pending against McCarthy and, as a result, he did not think the court should order RBC to be paid in restitution.

Judge James Walsh disagreed.

“Why not include the amount the bank is out?” Walsh asked, asking both sides to take a break to reconsider their submission.

“The fact is your client committed a fraud of $710,000 and any less than that amount means she profited by her own ill … behaviours.”

After a short break, Duggan returned and said his client said, “I take full responsibility, it was my actions that caused this, RBC should take the full restitution of [$515,739].”

Budging on the restitution ended in McCarthy’s favour when it came time for Walsh to accept or deny the joint submission of a two-year-plus-a-day sentence, one he said was on the low end of the sentencing range. 

“The acquiescence to full restitution actually helps Ms. McCarthy in convincing me that I’m now in the range. Without that I would not have imposed the sentence,” Walsh said. 

Why did she do it?

A pre-sentence report given to the court indicates McCarthy is remorseful and is at a low risk to reoffend. 

Duggan said his client is not a gambler, drinker or drug user, and that the fraud was motivated by personal financial gain. He said her behaviour was in an attempt “to meet emotional needs as much as financial needs.”

Duggan pointed to “lifestyle issues” and McCarthy being “extremely overwhelmed looking after her young children and aging father.”

He said McCarthy “hopes something positive comes out of this so her children will know when you do wrong you should fess up and face the consequences.”

In addition to her criminal case and upcoming civil litigation, McCarthy was fined $1 million by the Investment Industry Regulatory Organization of Canada in January. She was also ordered to pay more than $100,000 for costs associated with her disciplinary hearing.

“She acknowledged and realized it was wrong,” said Duggan, who was retained by McCarthy before she was criminally charged.

“Financially she is ruined. She will not recover in her lifetime. She knows that.”

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Investment

Tesla shares soar more than 14% as Trump win is seen boosting Elon Musk’s electric vehicle company

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NEW YORK (AP) — Shares of Tesla soared Wednesday as investors bet that the electric vehicle maker and its CEO Elon Musk will benefit from Donald Trump’s return to the White House.

Tesla stands to make significant gains under a Trump administration with the threat of diminished subsidies for alternative energy and electric vehicles doing the most harm to smaller competitors. Trump’s plans for extensive tariffs on Chinese imports make it less likely that Chinese EVs will be sold in bulk in the U.S. anytime soon.

“Tesla has the scale and scope that is unmatched,” said Wedbush analyst Dan Ives, in a note to investors. “This dynamic could give Musk and Tesla a clear competitive advantage in a non-EV subsidy environment, coupled by likely higher China tariffs that would continue to push away cheaper Chinese EV players.”

Tesla shares jumped 14.8% Wednesday while shares of rival electric vehicle makers tumbled. Nio, based in Shanghai, fell 5.3%. Shares of electric truck maker Rivian dropped 8.3% and Lucid Group fell 5.3%.

Tesla dominates sales of electric vehicles in the U.S, with 48.9% in market share through the middle of 2024, according to the U.S. Energy Information Administration.

Subsidies for clean energy are part of the Inflation Reduction Act, signed into law by President Joe Biden in 2022. It included tax credits for manufacturing, along with tax credits for consumers of electric vehicles.

Musk was one of Trump’s biggest donors, spending at least $119 million mobilizing Trump’s supporters to back the Republican nominee. He also pledged to give away $1 million a day to voters signing a petition for his political action committee.

In some ways, it has been a rocky year for Tesla, with sales and profit declining through the first half of the year. Profit did rise 17.3% in the third quarter.

The U.S. opened an investigation into the company’s “Full Self-Driving” system after reports of crashes in low-visibility conditions, including one that killed a pedestrian. The investigation covers roughly 2.4 million Teslas from the 2016 through 2024 model years.

And investors sent company shares tumbling last month after Tesla unveiled its long-awaited robotaxi at a Hollywood studio Thursday night, seeing not much progress at Tesla on autonomous vehicles while other companies have been making notable progress.

Tesla began selling the software, which is called “Full Self-Driving,” nine years ago. But there are doubts about its reliability.

The stock is now showing a 16.1% gain for the year after rising the past two days.

The Canadian Press. All rights reserved.

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S&P/TSX composite up more than 100 points, U.S. stock markets mixed

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TORONTO – Canada’s main stock index was up more than 100 points in late-morning trading, helped by strength in base metal and utility stocks, while U.S. stock markets were mixed.

The S&P/TSX composite index was up 103.40 points at 24,542.48.

In New York, the Dow Jones industrial average was up 192.31 points at 42,932.73. The S&P 500 index was up 7.14 points at 5,822.40, while the Nasdaq composite was down 9.03 points at 18,306.56.

The Canadian dollar traded for 72.61 cents US compared with 72.44 cents US on Tuesday.

The November crude oil contract was down 71 cents at US$69.87 per barrel and the November natural gas contract was down eight cents at US$2.42 per mmBTU.

The December gold contract was up US$7.20 at US$2,686.10 an ounce and the December copper contract was up a penny at US$4.35 a pound.

This report by The Canadian Press was first published Oct. 16, 2024.

Companies in this story: (TSX:GSPTSE, TSX:CADUSD)

The Canadian Press. All rights reserved.

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S&P/TSX up more than 200 points, U.S. markets also higher

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TORONTO – Canada’s main stock index was up more than 200 points in late-morning trading, while U.S. stock markets were also headed higher.

The S&P/TSX composite index was up 205.86 points at 24,508.12.

In New York, the Dow Jones industrial average was up 336.62 points at 42,790.74. The S&P 500 index was up 34.19 points at 5,814.24, while the Nasdaq composite was up 60.27 points at 18.342.32.

The Canadian dollar traded for 72.61 cents US compared with 72.71 cents US on Thursday.

The November crude oil contract was down 15 cents at US$75.70 per barrel and the November natural gas contract was down two cents at US$2.65 per mmBTU.

The December gold contract was down US$29.60 at US$2,668.90 an ounce and the December copper contract was up four cents at US$4.47 a pound.

This report by The Canadian Press was first published Oct. 11, 2024.

Companies in this story: (TSX:GSPTSE, TSX:CADUSD)

The Canadian Press. All rights reserved.

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