Fraud, as outlined in s. 380 of the Criminal Code, can lead to incarceration and hefty fines, as well as a lifelong criminal record that impacts you long after the sentence is served.
For a decade in Edmonton, we’ve built defences to such charges based on Charter rights, forensic digital evidence, and police errors. During this time, our team has earned:
- Over 140 5-star Google reviews.
- The Consumer Choice Award (2025,2026).
- BBB A+ rating.
To begin work on defending your charge, contact a Strategic Criminal Defence fraud lawyer.
Accused of fraud in Edmonton? What next?
- Say nothing to the police. Invoke your right to silence immediately. Do not answer questions, explain yourself, or volunteer information.
- Immediately call a fraud defence lawyer. Fraud investigations can take time, and legal advice during the pre-charge phase can help you control the narrative.
- Preserve all records and documents. Do not delete, alter, or destroy anything, including emails, texts, financial records, contracts, invoices, or bank statements.
- Do not contact complainants, witnesses, or co-accused. You could be accused of trying to coordinate stories or interfere with the investigation.
Contact us for a free, no-obligation consultation.
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What is fraud, and what could happen to you if convicted?
Fraud offences range from small-scale fraud, such as the use of someone’s credit card, to large-scale schemes that cause losses to many people.
A broad range of financial loss is possible, so fraud is categorized by the monetary value involved:
- Under $5,000 in value.
- Over $5,000 in value.
Common to all fraud is deceptive conduct: the dishonesty of the accused causes economic loss to victims or puts their financial interests at risk. The dishonesty element makes fraud more serious than theft, with further-reaching consequences.
Typical examples of fraud
Forgery, identity theft, perjury, embezzlement, unauthorized banking, and scams are all versions of fraud. Some common examples in Edmonton include:
- Finding a colleague’s wallet, taking their credit card, and using it to make several online purchases before they notice it is missing.
- Inflating the value of items lost in a house fire when submitting an insurance claim, listing electronics and jewellery you never owned.
- Operating a fake investment fund, soliciting money from multiple investors with promises of high returns, then redirecting the funds for personal use (a Ponzi scheme).
The penalties for fraud range from heavy fines and restitution orders to significant federal prison sentences, while the longer-term consequences are potentially even more serious:
| CRIMINAL PENALTIES | DETAILS |
|---|---|
| Fraud under $5,000 (Hybrid) | Up to 2 years (indictable) or 2 years less a day and/or $5,000 fine (summary). No mandatory minimum. First-time offenders are more likely to receive probation, fines, or community service than custody. |
| Fraud over $5,000 (Indictable) | Up to 14 years imprisonment. No mandatory minimum unless the fraud exceeds $1 million, in which case a 2-year minimum applies. Increases the likelihood of trial and imprisonment. |
| Public market fraud (Indictable) | Up to 14 years imprisonment. No mandatory minimum. |
| Restitution order | The court can also order full repayment of the victim's loss under s. 738 of the Criminal Code. |
| DNA sample | In more serious cases, the Crown may seek a DNA order under s. 487.051, placing your genetic profile permanently in the National DNA Data Bank. |
| LONGER-TERM CONSEQUENCES | DETAILS |
|---|---|
| Civil judgment | Separate from criminal proceedings, victims may pursue civil action, allowing for asset seizure or wage garnishment. |
| Employment | Severe difficulty finding roles in banking, finance, government, or any position involving cash, inventory, or sensitive data; plus, a risk to professional licences. |
| Corporate directorship | Potential mandatory prohibition from serving as a director or officer of any federally incorporated company under the Canada Business Corporations Act. |
| Housing | Denial of rental applications as landlords view financial dishonesty as a high risk. |
| Travel | Risk of permanent entry denial to the US, where fraud is classified as a Crime Involving Moral Turpitude. |
| Immigration | Non-citizens and permanent residents face risk of deportation and permanent inadmissibility under the Immigration and Refugee Protection Act. |
| No-contact and non-association orders | Where the fraud involved a workplace or business partners, probation conditions may prohibit contact with former colleagues or entry into specific commercial areas. |
Sentences at the higher end of these ranges are more likely where the fraud:
- Involved a breach of trust (such as employer-employee fraud).
- Targeted vulnerable individuals such as seniors.
- Was perpetrated by a repeat offender.
What happens if you’re charged with fraud in Edmonton?
Fraud investigations are conducted by the Edmonton Police Service Economic Crimes Unit, the RCMP Financial Crimes Section, or general investigative units, depending on the nature and scale of the alleged offence.
The first 24-48 hours are often the most important. Pre-charge legal advice can help you avoid making your situation worse.
Once you’re arrested and charged in Edmonton, three basic outcomes are possible:
- For very low-level charges, you may receive an Appearance Notice on the spot, requiring you to attend court on a specified date.
- You may be released from police custody on an Undertaking, which is similar to an Appearance Notice but can include additional conditions.
- You will be held in the arrest processing unit at the police station until your bail hearing.
Depending on the seriousness of the allegations, your criminal history, and the circumstances of the case, you may be:
- Transferred to the Edmonton Police Service’s Downtown Division at 9620 103A Avenue NW, Edmonton, AB, T5H 0H7.
- Held for a short period at the Edmonton Remand Centre, at 18415 127 Street NW, Edmonton, pending bail.
A fraud lawyer from Strategic Criminal Defence will meet with you to discuss your potential release. Your lawyer will handle the bail hearing, which is usually conducted by video from your holding cell.
As well as attending court, you may need to follow these other common bail conditions:
- No contact with the complainant(s) or any co-accused.
- Stay-away order from the victim’s home, workplace, or business premises.
- Prohibition on opening new lines of credit, taking out loans, or entering into financial agreements above a specified value without court approval.
- Possible surrender of passport and prohibition on international travel.
- Regular check-ins with a bail supervisor or police officer.
- No possession of fraud-related tools, such as skimming devices or forged documents.
- Curfew or house arrest for more serious or complex fraud cases.
- Requirement to reside at a specified address and notify the court of any change.
- Employment restrictions.
Your lawyer will advise you on how to follow your bail conditions and prevent a return to jail and an additional charge (s. 145 of the Criminal Code).
Will your fraud case go to trial?
Most criminal cases in Edmonton are settled before trial. Fraud cases involving over $5,000 in losses are more likely to proceed to trial, imprisonment, and a criminal record, while first-time fraud under $5,000 is more likely to result in:
We often contact the Crown Prosecutor for pre-trial negotiations aimed at preventing the most severe consequences, but the outcome of these negotiations is highly case-dependent. Success is more likely where:
- The Crown’s evidence is weak.
- Charter violations may have occurred.
- Prosecution is not in the public interest.
We may be able to argue for a diversion or other pre-trial resolution:
- Alternative Measures Program (AMP): First-time, minor fraud under $5,000. Community service, restitution, or donation. Charges withdrawn; no record.
- Restitution order: Full repayment of the victim’s loss. Reduces the likelihood of custody.
- Conditional discharge: First-time, minor fraud only. Complete probation conditions. No conviction registered; record purged after probation. Not available where a mandatory minimum applies.
- Peace bond (s. 810): Keep the peace for up to 12 months. Charges withdrawn; no conviction.
How do we defend fraud charges?
One of the first things your lawyer will do is obtain a complete picture of the evidence against you at the first court appearance. The Crown’s disclosure package usually contains:
- Police reports.
- Digital evidence.
- Financial records.
- Surveillance footage/ wiretap evidence.
- Photos/audio recordings.
- Witness and expert statements.
Your lawyer will scrutinise the Crown evidence for potential weaknesses, which could shape your defence strategy. Depending on the circumstances, we will argue one of the following defences:
| CATEGORY | DEFENCE TYPE | DETAILS |
|---|---|---|
| Absence of 'Mens Rea' | Lack of intent | If your actions were the result of an honest mistake, poor business judgment, or negligence rather than a deliberate plan to deceive, the Crown cannot secure a conviction. |
| Good Faith Reliance | You followed the advice of a qualified professional (lawyer, accountant, or financial advisor), and genuinely believed your actions were lawful. | |
| Absence of 'Actus Reus' | No risk of loss | Fraud requires proof that the victim suffered actual loss or was exposed to a risk of loss. If the Crown cannot establish either, a finding of guilt is very challenging. |
| Legal Justification | Authorization/Consent | You had explicit or implied permission from the alleged victim to take the actions in question (e.g., a supervisor approved the expenses now being called embezzlement). |
| Colour of Right | You had an honest, though potentially mistaken, belief that you had a legal right to the property or funds in question. | |
| Procedural Defences | Charter Violations | If Edmonton Police seized your digital devices or bank records without a valid warrant (violating s. 8 of the Charter), that evidence may be excluded from trial. |
| Statute of Limitations | For summary fraud offences (typically fraud under $5,000), the Crown must lay the information within 12 months of the alleged offence (no limitation period for indictable offences). | |
| External Pressure | Duress/Coercion | You were forced to commit the fraudulent act because of an immediate and credible threat of death or bodily harm to yourself or another person. |
| Police Conduct | Entrapment | The police induced you to commit fraud through an undercover operation or sting without a reasonable suspicion that you were already engaged in criminal activity. |
FAQs
Get help with fraud charges in Edmonton
If you’re under investigation for, or charged with, fraud in Edmonton, our team will:
- Review the specific facts of your case.
- Assess the strength of the Crown’s evidence.
- Build a defence strategy tailored to your charge.
- Discuss pre-trial resolutions with the prosecution.
- Prepare for trial if necessary.
Strategic Criminal Defence lawyers have defended individuals in tough situations in Edmonton for 10 years. We understand how the courts approach these cases and will work to minimize the consequences for you.
Contact us for a free, no-obligation consultation.
Verified By: Michael Oykhman, Senior Criminal Defence Lawyer
Michael Oykhman is a senior criminal defence lawyer and the founder of Strategic Criminal Defence, a leading firm with offices across Western Canada and Ontario. With nearly 20 years of legal experience, he has appeared at all levels of court in Alberta, including the Supreme Court of Canada, and has successfully defended thousands of clients.
Experience
- Proven Results: Successfully managed over 10,000 criminal cases, experience in complex matters such as impaired driving, domestic violence, and sexual assault.
- Strategic Problem Solver: Trained as a trial lawyer but recognized for his experience in alternative resolution strategies, often securing the best outcomes for clients without a case ever going to trial.
- Multi-Jurisdictional Authority: Licensed to practice law in Alberta, British Columbia, and Saskatchewan.
Education & Academic Leadership
- Education: Holds a Bachelor of Laws (LL.B.) and a B.A. in Psychology from the University of Calgary.
- Academic Distinctions: Recipient of the Crown Association Prize (top grade in criminal law) and was the first-ever finalist for the University of Calgary at the Gale Cup Moot.
- Teaching & Mentorship: Currently serves as the Advising Lawyer for Student Legal Assistance and is a sessional instructor at the University of Calgary Faculty of Law, teaching Advanced Criminal/Constitutional Appellate Advocacy.
Credentials & Recognition
- Top-Rated Advocacy: An 8-time recipient of the Three Best Rated® Top Criminal Defence Lawyer of the Year award in Calgary.
- Professional Memberships: Active member of the Criminal Trial Lawyers Association (CTLA) and the Criminal Defence Lawyers Association (CDLA) of Calgary.
- Connect with Michael: Bio | LinkedIn | Firm Office: (403) 719-6410
