Fraud & Theft Lawyers in Calgary
Fraud is covered under s. 380 of the Criminal Code, found in Part X. Part X covers “Fraudulent Transactions Relating to Contracts and Trade”
Fraud is a non-violent property offence which covers a large amount of acts in which one person defrauds another or the public. Fraud in general must involve deceit, falsehood or any other fraudulent means, and can involve subject matters such as property, money, valuable security or service. Fraud can be divided into fraud under $5000 and fraud over $5000.
Key Takeaways
- Fraud charges will range in severity, with more serious offences being liable to 14 years in prison.
- The jail sentence for fraud can range from 6 months to 14 years.
- Bail conditions can include refraining from contacting the alleged victim, a prohibition on drugs, alcohol, travelling, and weapons, and conditions such as curfew or house arrest.
- Fraud charges can be beaten. Contact a lawyer for assistance in determining the best strategy for you.
How can a fraud lawyer in Calgary help?
When fighting a fraud charge, there are numerous advantages to hiring a criminal defence lawyer. A lawyer will provide you with legal advice before they charge you, which will allow you to determine if you would like to continue with their services. A lawyer can also protect you against self-incrimination by allowing you to navigate your conversations with law enforcement.
A lawyer’s purpose is to be dedicated to helping you beat the charge. A lawyer will gather evidence, interview witnesses, and retain expert witnesses if necessary to help you reach the best possible outcome. Lawyers also come with a wealth of experience navigating the criminal justice system and court process, and can represent you during trial.
Fraud Charge in the Criminal Code of Canada
Fraud has a broad definition, but involves depriving someone of their property, money or other valuable security or service through deceit and dishonesty. This can occur in many different ways, making fraud hard to define.
According to s 380 of the Criminal Code:
Fraud
380 (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,
(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or
(b) is guilty
(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(ii) of an offence punishable on summary conviction,
where the value of the subject-matter of the offence does not exceed five thousand dollars.
Examples of Fraud Charges
Some examples of a fraud charge may include the following:
- Using a stolen credit card;
- Telemarking scams;
- Falsifying records; or
- Time fraud at a business.
Fraud Charge Defences
Every case is different. The availability and strength of any defence depend entirely on the specific facts of your case. The strength of any available defence rests on the evidence against you and the precise details of the allegations. However, the following are some common defences that may be used when fighting a fruad charge.
- No Fraudulent Intent: Criminal offences require a mens rea, or a guilty mind. If you were not aware that you were engaging in dishonest actions, you may fail to meet the mens rea requirement for this offence.
- No loss: If no loss occurred, then the Crown may be unable to prove fraud, as fraud requires a loss either over or under $5,000. However, a person may be charged with an alternative offence of conspiracy if they had the intention to commit fraud.
- Identity: Depending on the circumstances of your case, a possible defence to a fraud charge may be to raise an identity defence. In this case, for this defence to be raised successfully, you will have to prove that you were not the person who engaged in the fraud.
- Any applicable Charter defences: The Charter sets out your rights and freedoms before and after your arrest. If the police fail to abide by these rights deliberately or inadvertently, it could aid in your defence. If any of your Charter rights have been violated before or after your arrest, you may be able to have some or all of the evidence that the Crown is relying on to secure a conviction excluded under s. 24(2) of the Charter.
What are the consequences of a fraud charge?
Fraud over $5,000 is an indictable offences. There is a Defence election of court under s. 536(2.1) of the Criminal Code for fraud theft over charges. A preliminary inquiry is also required. The maximum punishment for fraud over is 14 years incarceration.
Fraud under $5000 is a hybrid offence. This means that depending on the circumstances of your case, the Crown can elect to proceed by indictment or summarily. There is no defence election for this offence, meaning it must be tried by a provincial court judge. The maximum punishment for fraud under is no more than 2 years of incarceration if prosecuted by indictment. If it is prosecuted summarily, the maximum punishment is no more than 6 months of incarceration and/or a $5,000 fine.
Fraud Charge Investigation
An investigation into fraud is usually initiated by the alleged victim. This person typically makes a report to the police, who may arrive to investigate right away. Given the nature of a fraud offence, investigation often takes longer than other charges, as the police may need to look through records such as bank records to understand the case. The accused committing fraud is often not present when police arrive, unless in situations such as credit card fraud, where an accused may be stopped at a store.
The police will arrive and often request a statement from the victim. If the accused is not present at the scene when the police arrive, a warrant may be issued for their arrest. An accused will have access to the information obtained through the investigation in the disclosure package provided by the Crown.
Bail Conditions for Fraud Charges
If you are released on bail after being charged with fraud, you will be provided certain conditions which you must follow after being released to the public. If you do not follow these conditions, you can be arrested and held in custody pending another bail hearing. Your bail conditions will provide certain restrictions which you must follow.
Conditions could involve a no contact condition with the alleged victim(s) and a no go condition to the place of the alleged theft or the victim’s property, if those places are not mutually exclusive. Depending on your condition when committing an offence, conditions may limit drug and alcohol use or the possession of firearms and other weapons. More severe conditions can include house arrest or curfew conditions.
Frequently Asked Questions About Fraud
Will a fraud charge show on my criminal record while the case is ongoing?
While a fraud charge will not show up on a criminal record while a case is ongoing, police databases will show that you have been charged with an offence. A vulnerable sectors check can possibly see ongoing charges you have which you have not been convicted of.
How long does a fraud case take?
The length of a fraud case will vary depending on the amount of case in court and the complexity of the case. The first step of any fraud case is to order disclosure, which can take anywhere from a few weeks to a few months. Depending on whether you choose to set your matter for trial or resolve before trial will also influence how long your case will take. A broad estimate can be anywhere from three to eighteen months.
Can I travel while a fraud case is ongoing?
You can likely travel while a fraud case is ongoing. Though you are required to appear in court on certain days, your lawyer can do this on your behalf. Unless you have bail conditions limiting your ability to travel, then you should be able to do so freely. However, it is important to note that countries such as the USA will be able to see that a fraud case is ongoing, and may not allow you entry into that country.
Can I go to jail for fraud?
If you are found guilty of fraud, you can go to jail. A theft over charge carries a maximum sentence of no more than 14 years in jail. If proceeding my indictment, a fraud under charge carries a maximum sentence of no more than 2 years in jail. If prosecuted summarily, the maximum punishment is no more than 6 months of incarceration. There is no minimum jail sentence whether the Crown proceeds summarily or by indictment. Therefore, there is a possibility that you can go to jail for a fraud charge, but it is not guaranteed.
Do I have to tell my employer about fraud charges?
You are not required to tell your employer about a fraud charge. However, an employer may find out about a fraud charge through a vulnerable sectors check, as this check can show ongoing charges. Further, if the fraud is related to an employer, you may be required to tell them of the charges. For the most part, however, you are not required to tell your employer.
Related Offences
- Arson: Arson is an offence involving the dangerous use of fire or explosives. Someone may commit arson while committing fraud.
- Breaking and Entering: breaking and entering involves forcing your way into a place, which a person may do when committing fraud.
- Mischief: Mischief is an unlawful interference with the property of another person. One may interfere with property when committing fraud.
- Possession of Stolen Property: A person who possesses stolen property they are using to defraud someone, such as a credit card may clearly fall under a possession of stolen property offence as well.
- Robbery: robbery is an extreme version of theft which involves violence or the threat of violence. A person may be robbed and then defrauded.
- Theft: a person may steal an item to then use to engage in fraud.
