(rdnewsNOW file photo)

By Josh Hall | @Vancan19

dane skinner

Convicted fraudster’s mistrial application quashed, sentencing to resume in December

Oct 24, 2024 | 4:37 PM

A Sylvan Lake man convicted earlier this year of defrauding investors of nearly $3 million will now possibly learn his fate in December.

Dane Skinner, now 60, was found guilty by a jury this past May for fraud and for laundering the proceeds of crime. The fraud was in relation to crimes he committed between 2007 and 2013 which involved getting people to invest in a product he claimed would revolutionize fracking.

Skinner, who was in Red Deer Court of King’s Bench multiple times this week for sentencing proceedings, was arrested in July 2018.

On Monday, Skinner heard victim impact statements, but also declared to Justice Gillian Marriott that he intended to make a mistrial application.

On Thursday, proceedings began by Marriott determining whether or not her court had the jurisdiction to even consider Skinner’s application.

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After hearing Crown’s opinion, she determined that it did not, and Skinner’s application was dismissed.

It was noted by the Crown and Justice Marriott that mistrial applications typically only apply in cases where the trial was conducted by judge alone, with rare exceptions. Those would include cases where the jury did not render its verdict properly, and where there was legal entrapment.

Marriott said what Skinner felt did not meet the legal definition of entrapment, nor did the jury act improperly.

Skinner questioned why the trial — held in early 2024 — was stopped more than a dozen times for the judge to give the jury instructions. Marriott explained that she did so to ensure the fairest of trials for Skinner, whom, against Marriott’s repeated advice, chose to self-represent.

Marriott acknowledged that while no trial is perfect, Skinner’s was, in fact, fair.

Moments before the justice ruled against his application being heard, Skinner said he would withdraw it altogether, noting too that he intends to appeal his case anyway.

Following that, the Crown and Skinner provided their respective sentencing submissions.

Crown Prosecutor Kirsti Binns told Marriott the Crown is seeking eight to ten years in prison for Skinner. As well, the Crown seeks financial restitution for victims, plus an order requiring Skinner to disclose his crimes to any future employer should he be looking to enter into a position where he’d have financial authority.

Binns said that while Skinner’s crimes were bloodless, they were still done in cold blood, and allowed him to “callously and anti-socially,” live off the savings of those who trusted him.

It’s estimated that more than 70 people were victimized by Skinner.

Among the aggravating factors, Binns said Skinner’s actions were of a significant length and degree of planning, and were motivated by greed, causing victims to suffer financially and emotionally, with fear for their safety.

She opined there are zero mitigating factors, adding that Skinner has shown no remorse.

If the Crown gets its way, Skinner would have five years to pay back the money he owes victims, or else he could be subject to a second jail term of equal length to the first.

That became the focal point of Skinner’s initial sentencing submissions.

Skinner claimed he’d recently hired a lawyer to help him facilitate getting money back to victims, adding that the money would be available by the end of November. The lawyer, it was determined, was one of the witnesses in his trial.

Justice Marriott said she’d like said lawyer to be at the next hearing on Dec. 19 to show that money is in fact in place, and ready to be paid or be paid already.

Marriott said that could have an impact on Skinner’s moral culpability.

Sentencing resumes Dec. 19.

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