Fraud Lawyers Edmonton

Fraud is a type of non-violent property offence that covers a broad range of acts, such as using another person’s credit card without their knowledge or consent, falsifying insurance or employment-related records, or engaging in complex schemes that result in a substantial financial loss to an individual or a corporation.

The provision for fraud in the Criminal Code is:

Fraud is legally defined as depriving someone of their property, money, or other valuable security or service, through deceit or dishonesty.

It is generally divided into two categories:

• Fraud in an amount over $5,000, and
• Fraud in an amount equal to or less than $5,000.

In order to be found guilty of fraud in Canada, the Crown Prosecutor must prove beyond a reasonable doubt each of the following elements:

• There was a dishonest act, or an act of deceit or falsehood;
• There was some sort of economic loss or deprivation suffered by the targeted complainant, or the complainant was put at a risk of pecuniary loss;
• You were subjectively aware of the fraudulent act; and
• You knew that the act would cause economic deprivation, or you were wilfully blind or reckless as to whether the act would cause economic deprivation.

Other common variations for this type of offence include forgery, identity fraud, and obtaining property by false pretences.

Investigation of Fraud Charges in Edmonton

An investigation of a fraud allegation in Edmonton is typically initiated by a complaint from the alleged victim or witness. A witness may be someone who realizes that money or property has been defrauded, even if they are not the victim (e.g. an accountant for a company that has been defrauded). The police will attend the scene and request a written statement from the alleged victim and any other witnesses, then will launch an investigation.

Depending on the complexity of the fraud, the investigation may occur quickly – in a matter of hours or days – or it could take a number of months. If you become a person of interest in the investigation, police may contact you to ask that you attend the police detachment to discuss the investigation. If this occurs, it is important that you contact a lawyer before speaking to police.

After the police have gathered their evidence, they will arrest you if they believe you are the perpetrator. If you are not present at the scene, police will track you down or issue a warrant for your arrest.

After you have been charged, police will provide a package with all the evidence they collected, known as the “disclosure package,” to the Crown Prosecutor. You will have the right to access this disclosure package to see the evidence against you. Once you retain one of our lawyers, we will assist you in obtaining the disclosure package, and we will review it with you to assess the strengths and weaknesses of the Crown’s case, as well as any legal defences that may be available to you.

Penalties for Fraud Charges in Edmonton

Since a wide array of acts fall under the offence of fraud, the penalties you may face if found guilty vary significantly. You can receive a discharge (i.e. no criminal conviction), a fine and/or probation, or a period of jail time.

The maximum punishment for fraud under section 380 of the Criminal Code is as follows:

• Fraud in an amount over $5,000 or of a testamentary instrument (e.g. a will):
  • No more than 14 years’ imprisonment;
• Fraud in an amount at or under $5,000:
  • No more than 2 years’ imprisonment if the Crown chooses to proceed by indictment, or
  • No more than 2 years’ less a day imprisonment if the Crown chooses to proceed by summary conviction.

The range of potential sentences available to you will depend on a variety of factors, including the amount that was taken, the relationship between you and the victim of the fraud, your criminal history, and other applicable personal factors.

The Code also lists of number of factors that could increase your sentence:

• The magnitude, complexity, duration, or degree of planning involved in committing the fraud;
• Whether the fraud had an adverse effect on the stability of the Canadian economy or the financial market;
• The number of victims involved in the fraud;
• Whether the fraud had a significant impact on the victim, taking into account their personal circumstances;
• Whether you breached the trust of the community (e.g. took advantage of your good reputation within the community to defraud members of that community);
• Whether you failed to comply with licensing or professional standard requirements in the activity that formed the basis of the fraud;
• Whether you concealed or destroyed records relating to the fraud.

While a number of factors could increase the likelihood of jail time, two of the most significant factors are:

1. The fraud was over $5,000; and/or
2. The fraud occurred in the course of employment, or another trust-based relationship.

If either of these factors are present in your case, the Crown will almost always seek a jail sentence, with “large-scale” frauds generally resulting in lengthy terms of imprisonment.

In addition to the immediate penalties resulting from a conviction for fraud, it can also have negative impacts on your future. Fraud is considered a “crime of dishonesty” and a conviction will likely affect your reputation in your community. Potential employers may refuse or terminate your employment if their business involves handling money or the use of valuable property. Your friends, family and peers may view you as unworthy of their trust.

Therefore, even if you intend on accepting responsibility for this type of offence, it is worthwhile to explore your options and consider all the possible penalties. Often, good representation can result in no criminal record. Furthermore, a community-based sentence may be obtained even where the Crown is seeking jail time.

Rest assured, our lawyers will work hard to defend you so that you are not saddled with the consequences of a criminal conviction for fraud. In fact, we can canvass a range of sentencing options with the Prosecutors that will either leave you with no criminal record or impose minimal restrictions on your liberty after sentencing. To learn more about potential non-criminal resolutions, please visit our Resolutions page, or read our FAQ on resolutions and other sentencing options.

Defending Fraud Charges in Edmonton

What are the best defences to fraud charges in Edmonton?

With such serious potential penalties following a conviction for fraud, it is important that you take your defence of these charges seriously. In fraud cases, the defences that may be available to you will depend on the facts of your case.

In general, the best defences for a fraud charge are:

• Factual Innocence: This is usually the strongest defence because the facts and the evidence do not support you being there, causing the fraud, or other basic elements of the offence. This could include:
  • Lack of fraudulent intent: You were not aware that your actions were dishonest or fraudulent. However, if you were reckless or wilfully blind to the fact that your actions were fraudulent, you may still be found to have committed the offence.
  • No risk of loss: If there was no loss or risk of loss to the complainant, then the offence of fraud cannot be made out. However, even if the Crown cannot prove that you committed fraud on this basis, it may still be possible for you to be found guilty of conspiring to commit fraud.
• Violation of Constitutional Rights: The Canadian Charter of Rights and Freedoms sets out your rights before and after your arrest. If the police fail to abide by these rights, it could aid in your defence. For example, the police could have either deliberately or inadvertently violated your right to be free from unreasonable search and seizure while gathering their evidence. This would cause the evidence to be excluded at trial, making it difficult to prove your guilt beyond a reasonable doubt.

The Crown is required to prove that your actions not only caused a deprivation or risk of deprivation to someone’s property or money, but also that you did so in a deceitful, dishonest, or fraudulent manner. While the Crown must prove beyond a reasonable doubt that you committed the offence, you may bear some responsibility in raising certain defences at trial.

The availability and strength of any defence depends entirely on the specific facts of your case. Our lawyers have significant experience assessing potential defences in fraud cases, as well as presenting any and all available defences to the Court at trial. Even if you believe you will be found guilty, it is important that you obtain a legal opinion about the defences that may be available to you.

What’s Next?

Most of the information above relates to simple fraud cases, which can still be complex and fact-specific. The circumstances of your case will likely further complicate the matter.

We have tried our best to provide a general outline of what you can expect if you find yourself in this situation, but this is just the tip of the iceberg.

To learn more about how we can help, please contact our team of lawyers. We will conduct a thorough review of your situation and tailor a precise strategy that targets your successful defence.