Deceptive marketing practices—Background cases

This investigation led to five individuals pleading guilty and to 28 counts of deceptive telemarketing, four counts of fraud and one count of false or misleading representations.

Case background: Office supplies and medical kits
Date Details
August 2006 A Bureau investigation revealed two telemarketing operations in Montreal using questionable tactics:
  • They promoted government grants to American citizens using names such as Advance Financial and Consumer Benefit.
  • They promoted the sale of office supplies and medical kits to Canadian and American businesses using various names, including Global Electronic Solutions / Solutions Électroniques Global and Federal Emergency Medical Supply / Agence Federal des Produits Medicales (sic).
The investigation determined that some of the alleged tactics used during the telemarketing calls included implying that the caller represented a business that had an existing relationship with the victim’s company, falsely indicating that certain products or services were required under government rules, or implying that the call was being made on behalf of a government agency. The investigation was conducted in partnership with the Centre of Operations Linked to Telemarketing Fraud (COLT). COLT is a cross-border partnership of Canadian and American police and government agencies. Members include the Competition Bureau, the Royal Canadian Mounted Police, the Sûreté du Québec, the Service de police de la Ville de Montréal, the Canada Border Services Agency, the Federal Bureau of Investigation, the Department of Homeland Security (Immigration & Customs Enforcement), the US Postal Inspection Service, and the US Federal Trade Commission. COLT also works closely with Canada Post, the Canada Revenue Agency, and the Canadian Anti-Fraud Centre.
December 2006 Following a search by COLT, the operations were shut down. The combined revenue of the two operations is estimated to have been as much as $840,000.
December 7, 2012 Five individuals were charged:
  • Alberino Magi
  • Randolph (Randy) Misiurak
  • Gilles Tremblay
  • Alain Chikani
  • Jacqueline (Jackie) Kolthoff
December 4, 2013 Gilles Tremblay pleaded guilty to nine counts of deceptive telemarketing under the Competition Act and two counts of fraud under the Criminal Code of Canada. He was sentenced to nine months in prison (to be served in the community) and 12 months of probation.Gilles Tremblay contributed to the scheme with an investment of between $50,000 and $75,000 and was involved in the financial management of the telemarketing activities related to promoting office supplies and medical kits.
May 2015 Alberino Magi pleaded guilty to nine counts of deceptive telemarketing and one count of false or misleading advertising under the Competition Act and received a conditional sentence of two years less a day.
November 3, 2015 Jacqueline Kolthoff pleaded guilty to nine counts of deceptive telemarketing.
October 2017 Alain Chikani pleaded guilty to one count of criminal deceptive marketing. He was granted an absolute discharge.
December 2017 Randolph Misiurak pleaded guilty to two counts of fraud under the Criminal Code of Canada for defrauding businesses in Canada and the US.
March 26, 2018 Randolph Misiurak was sentenced to two years less a day in jail and three years of probation for defrauding businesses in Canada and the US.
October 28, 2018 Jacqueline Kolthoff was sentenced to 16 months of imprisonment (eight months under house arrest and eight months under curfew) and to two years’ probation. She was also prohibited from engaging in telemarketing for 10 years.Kolthoff was director and manager of operations for telemarketing activities related to office supplies and medical kits.
Case background: Subscriptions to online directories
DateDetails
2007 The Bureau investigated complaints submitted against the following companies (many of which no longer exist): Mega Byte Information, Express Transaction Services, IT Data Direct, International Secure Technologies, Corporate Info System, Merchant Retail Supplies, Electronic Transaction Supplies, Paper Roll Logistics, and Services de fournitures aux détaillants. The telemarketing operation, based in Montreal, primarily targeted businesses in Canada, the US, Switzerland, France, Germany, the United Kingdom, Ireland, Spain, Puerto Rico, and Panama. The companies hired telemarketers to contact businesses and use selling techniques designed to mislead and falsely indicate that:
  • the telemarketing company was the business’s regular supplier looking to obtain a renewal for services
  • the purpose of the call was simply to verify the address, when in fact it was to obtain an order confirmation
  • in the case of medical kits, the purchase was required to comply with new government legislation.
In some instances, the price of the products sold was inflated up to 10 times their market value. Complainants stated that, when they refused to pay, they were threatened with collection action, including legal action and damage to credit ratings.
September 22, 2011 Five individuals and four companies were charged with making misleading representations and engaging in deceptive telemarketing under the Competition Act, and fraud under the Criminal Code of Canada.
April 8, 2015 Amalia DiFalco pleaded guilty to charges of making misleading representations and engaging in deceptive telemarketing. She was fined $50,000, received a 15-month conditional sentence, and was required to perform 120 hours of community service.
April 16, 2015 Carl Rubat-Du-Mérac pleaded guilty to charges of engaging in deceptive telemarketing. He was sentenced on May 29, 2015. He was ordered to make a donation of $5,000 to a charitable organization and received a 2-month conditional sentence and 175 hours of community service.
June 23, 2015 Éric Chenail pleaded guilty to charges of making misleading representations and engaging in deceptive telemarketing. His sentences: $10,000 fine, 4-month conditional sentence, and 175 hours of community service.
February 7, 2017 Mega Byte Information pleaded guilty and was fined $450,000. Georges Haligua, the company’s president, was prohibited from engaging in telemarketing for 10 years.