To prevent serious penalties, including incarceration and hefty fines, under Section 380 of the Criminal Code, and the potential lifelong impact of a criminal record, consult with a criminal defence lawyer as soon as you are aware of an investigation against you.
Strategic Criminal Defence has over 700 Google reviews. Our fraud lawyers offer vast criminal defence case experience, protecting the rights of defendants in over 10,000 cases and receiving recognition for eight consecutive years by Three Best Rated®.
It’s important to move quickly so that we can preserve evidence for your defence. Charter rights, forensic digital evidence, and police actions during the investigation and arrest can all bolster your defence.
What to do next if you’ve been accused of fraud
- STOP: Do not talk to the CPS or RCMP without a lawyer.
- SAVE: Preserve all emails, texts, and financial logs.
- SILENCE: Deactivate social media. Do not discuss the case with coworkers.
- SECURE: Call a Strategic Criminal Defence lawyer for a confidential consultation.
Contact us for a free, no-obligation consultation.
Prevent the serious consequences of fraud charges
Fraud is categorized by the monetary value involved:
- Under $5,000 in value.
- Over $5,000 in value.
Whether the allegations against you involve a small amount or a complex financial scheme, the consequences of a conviction affect your personal, financial, and professional life.
Because fraud is considered a ‘white collar crime’ and involves deception, it is generally regarded as more serious than theft, with further-reaching consequences.
Penalties range from heavy fines and restitution orders to significant federal prison sentences.
The following table outlines the current maximum and minimum potential penalties:
| OFFENCE CATEGORY | CLASSIFICATION | CROWN ELECTION | MAXIMUM PENALTY | MINIMUM PENALTY |
|---|---|---|---|---|
| Fraud Over $5,000 | Indictable | Straight Indictment | 14 years imprisonment | None* |
| Fraud Over $1 Million | Indictable | Straight Indictment | 14 years imprisonment | 2 years imprisonment |
| Fraud Under $5,000 | Hybrid | Indictment | 2 years imprisonment | None |
| Fraud Under $5,000 | Hybrid | Summary | 2 years less a day jail and/or $5,000 fine | None |
| Public Market Fraud | Indictable | Straight Indictment | 14 years imprisonment | None |
NOTE: Mandatory minimum sentences do not apply in fraud cases unless the total value of the fraud exceeds $1 million and the case proceeds by indictment (Section 380 (1.1)).
For first-time fraud under $5,000, probation, community service, and fines are more likely than incarceration.
Many fraud cases are resolved through plea bargaining rather than going to trial. Fraud over $5,000 increases the likelihood of a trial and imprisonment for convictions. Early intervention by your Strategic Criminal Defence lawyer increases the chance of a favorable outcome.
Aggravating factors in fraud cases in Calgary
In Calgary, local prosecutors frequently cite ‘breach of trust’ (e.g., employer-employee fraud) or the targeting of vulnerable seniors as reasons to seek sentences at the higher end of the ranges indicated above.
Repeat offenders also face more severe sentences.
Review our Criminal Sentencing Calgary page for further information.
Beyond prison and fines: The collateral consequences of fraud
While incarceration is the primary legal penalty, a fraud conviction in Calgary triggers several automatic or high-probability life changes that extend far beyond the courtroom:
- Restitution orders and civil judgments: Under Section 738 of the Criminal Code, the court can order you to pay the victim the full amount of the loss. Civil judgments allow for the seizure of assets or garnishment of wages long after a criminal sentence is served.
- Employment bans: A conviction for a ‘crime of dishonesty’ makes it almost impossible to maintain professional licenses in finance, real estate, or law, plus you can be banned from any position that involves handling cash, inventory, or sensitive data.
- DNA sample: The Crown often seeks authorization for a DNA sample under Section 487.051, permanently placing your genetic profile in the National DNA Data Bank.
- Corporate directorship bans: Under the Canada Business Corporations Act, a fraud conviction can lead to a mandatory prohibition from serving as a director or officer of any federally incorporated company for a period determined by the court.
- No-contact and non-association orders: If the fraud involved a workplace or specific business partners, strict probation conditions can prevent you from contacting former colleagues or entering specific commercial zones.
Long-term economic and social collateral
Beyond the immediate court-imposed sentences, a fraud conviction creates long-term barriers to employment, housing, and international mobility. The following table outlines the ‘shadow’ consequences of a criminal record for financial offences:
| CONSEQUENCE CATEGORY | IMPACT ON LIFE IN CALGARY | LEGAL/ADMINISTRATIVE BASIS |
|---|---|---|
| Employment & Career | Severe difficulty securing roles in banking, government, or non-profits; loss of 'bondability' for any position handling money. | Vulnerable Sector Checks and mandatory professional licensing disclosures. |
| Housing & Rentals | Frequent denial of rental applications as property managers view financial dishonesty as a high risk for future rent defaults. | Alberta Residential Tenancy background screening. |
| International Travel | Potential permanent ban from the United States; entry often requires an expensive, temporary I-192 Waiver. | Classified as a 'Crime Involving Moral Turpitude' (CIMT) by U.S. Customs. |
| Immigration Status | Risk of deportation and permanent inadmissibility to Canada for non-citizens or permanent residents. | Classified as 'Serious Criminality' under the Immigration and Refugee Protection Act. |
Understanding your fraud charge
In Canada, fraud encompasses a wide range of deceptive conduct where the accused deliberately uses dishonesty to cause economic loss to a victim or to put their financial interests at risk.
Examples of fraud
Fraud covers a wide scope of criminal acts, including forgery, identity theft, perjury, embezzlement, unauthorized banking, scams, etc.
Some common examples of fraudulent actions that can lead to criminal charges include:
- Insurance fraud: After a minor fender bender, an individual reports serious damage to his car that existed before the accident. He then submits fake repair quotes to his insurance company, trying to collect $4,000. The insurance company investigates and presses fraud under $5,000 charges.
- Credit card fraud: An individual uses her roommate’s credit card without permission to buy $6,000 worth of products online. She is charged with fraud over $5,000 after her roommate discovers the unauthorized purchases.
- Investment fraud: An accused convinces his friends to invest in a business that does not exist. He collects $50,000 and uses the money for personal expenses while sending fake investment reports. When the scheme collapses, the accused faces fraud over $5,000 charges.
First step with fraud defence: Securing your release on bail
If you’re arrested and charged with fraud in Calgary, you could be detained pending a bail hearing. A Strategic Criminal Defence lawyer can assist in securing your release.
We will guide you through Calgary’s court system and processes, explaining each step in simple terms.
Are you being investigated for fraud in Alberta?
Calgary saw 6,348 criminal fraud offences in 2024, with investment and cryptocurrency scams reaching record highs. The use of AI and ‘deepfake’ technology in financial deceit in 2026 has led to increasingly stricter enforcement.
A fraud investigation is typically initiated by a victim’s report to:
- The Calgary Police Service (CPS) Economic Crimes Unit, or
- The RCMP Financial Crimes Section.
Because fraud involves proving ‘intent’ and ‘deceit,’ these investigations frequently take months or even years. Detectives seek production orders to seize bank records, corporate ledgers, and digital communications before making an arrest.
You should seek legal counsel as soon as you’re aware of an investigation into your financial activities. Whether this is when a warrant is issued or police arrive at your home or workplace:
- The first 48 hours are critical for protecting your digital privacy against overreaching search warrants.
- We may need to file a Charter application (‘Garofoli Application’) to challenge the validity of a search warrant, allowing us to scrutinize the police’s sworn statements and argue that the evidence seized should be excluded from your trial under Section 24(2) of the Charter.
Check our pre-charge legal advice for Calgary service to prevent saying or doing anything that could jeopardize your legal position.
Do not provide any statements until you have spoken to a fraud lawyer. Exercise your Section 7 right to silence and let us handle communication with the police investigators.
Navigating the arrest and processing procedure
After an arrest for fraud in Calgary, you will be taken to the Arrest Processing Unit (APU) at the Spyhill Services Centre. This facility replaced the old downtown processing unit to provide a more secure and streamlined environment for judicial interim release (bail).
Location: 12500 85 Street NW, Calgary, AB T3R 1A2
Phone: 403-428-3400
For fraud under $5,000, you may be released on an undertaking by a police officer. Otherwise, under Section 503 of the Criminal Code, you must be brought before a Justice of the Peace or a Judge within 24 hours for a bail hearing.
Negotiating your release: The bail hearing
In Calgary, first-appearance bail hearings are held 365 days a year via video link from the APU to the Court of Justice Hearing Office at the Calgary Courts Centre (601 5 St SW).
Ideally, we will have already discussed the case details, and your fraud lawyer can represent you at this hearing to secure your release while you await trial.
Under the ‘Ladder Principle’ in Canadian law, an accused person is released on the least restrictive conditions possible but the Crown may seek detention if there is a risk that:
- You will flee the jurisdiction.
- You will commit further financial crimes while on release.
- Your release will impact public confidence in the justice system.
Standard bail conditions for fraud:
- No-contact orders: Prohibition against communicating with alleged victims, former business partners, or co-accused.
- ‘No-go’ conditions: A ban on attending specific business premises or banks involved in the allegations.
- Financial restrictions: You may be prohibited from possessing credit cards, cheques, or managing money for anyone other than yourself.
- Reporting requirements: You may need to report to a Bail Supervisor at the Calgary Courts Centre regularly or agree to electronic monitoring (GPS) via smartphone apps linked to the APU.
- Travel restrictions: For fraud over $5,000 charges, you are often required to surrender your passport to prevent international flight.
In 2026, many fraud bail orders will include specific digital device conditions. Judges in Calgary frequently view digital device monitoring as necessary, while recognizing that a ‘blanket’ ban on device usage and internet access is overly restrictive for modern life.
Monitored access is increasingly seen as a ‘middle ground’ that protects public safety and the administration of justice.
If you violate any bail condition, even a minor one like missing a reporting date, you could be charged with a new offence under Section 145. You will likely be re-arrested to await your trial from the Calgary Remand Centre.
For more information, visit our page on The Bail Hearing Process in Calgary.
What the prosecution must prove to convict you of fraud
To secure a conviction for fraud in Alberta, the Crown prosecutor must prove two primary elements beyond a reasonable doubt:
- The Actus Reus (the prohibited act).
- The Mens Rea (the guilty mind).
Under Section 380 of the Criminal Code, the prosecution’s burden is specific and technical.
The actus reus (the prohibited act)
The prosecution must prove that you committed a dishonest act that resulted in a ‘deprivation.’
The dishonest act includes:
- Deceit (direct lies).
- Falsehoods.
- Other fraudulent means (e.g., non-disclosure of material facts in business or the use of sophisticated digital tools to misrepresent financial status).
The deprivation covers:
- A victim who has suffered an actual loss.
- A victim whose economic interests have been placed at a significant risk.
- A victim whose assets were put at risk by your actions (even if they didn’t lose a single dollar).
The mens rea (the guilty mind)
The prosecution does not need to prove you were a ‘bad person,’ only that you had the specific intent to defraud.
Following the landmark Supreme Court decision in R. v. Théroux, the Crown must show:
- You were aware that you were performing a dishonest act.
- You knew that your act could result in the deprivation of another person’s property or money.
- Even if you didn’t specifically intend for the victim to lose money, you can be convicted if you were ‘reckless’ or ‘wilfully blind’ to the obvious risk your actions created.
Identity and value
Finally, the burden of proof for the Crown also involves proving two administrative facts beyond a reasonable doubt:
- You were the individual who committed the acts (often a primary defence point in digital fraud cases involving shared IP addresses or compromised accounts).
- The total dollar amount to determine if the charge is Fraud Over or Fraud Under $5,000, which dictates the maximum available penalty.
How our lawyers will defend your fraud charges
Fraud cases often hinge on detailed financial evidence. Early in proceedings, our lawyers obtain the Crown’s disclosure package, which will reveal the evidence against you.
We will gather financial records, communications, and other evidence that supports your side of the story. In complex fraud cases, we introduce forensic accountants or financial experts who can explain technical details to the court.
Depending on the specific circumstances of your fraud case, the typical defences to consider are categorized into three areas: attacking the intent, challenging the procedure, or establishing a justification.
Here’s a summary:
| CATEGORY | DEFENCE TYPE | HOW IT WORKS IN COURT |
|---|---|---|
| Absence of Intent | Lack of Mens Rea | Fraud requires 'subjective 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) after providing them with full disclosure. This shows you believed your actions were legal. | |
| 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'). |
| Color 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 Calgary Police seized your digital devices or bank records without a valid warrant (violating Section 8), that evidence may be excluded from trial. |
| Statute of Limitations | For summary offences (fraud under $5,000), the Crown must initiate proceedings within 12 months of the date of the alleged offence. If they miss this window, the case may be dismissed. NOTE: No statute of limitations applies to indictable offences (fraud over $5,000). | |
| 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. |
Navigating the legal ‘grey area’: Distinguishing negligence from criminal fraud
The line between a failed venture and a criminal act is often razor-thin. At the heart of this ‘grey area’ is a fundamental legal distinction: Subjective intent.
Bad business vs. Criminal deceit
Under Canadian law, the Crown must prove more than just a ‘marked departure’ from reasonable business standards:
- Civil negligence: If you failed to exercise the care that a reasonable person would have, leading to financial loss for others, this is handled in civil court, where the remedy is typically financial compensation.
- Criminal fraud: You subjectively appreciated that your actions were dishonest and that they would, or likely could, cause a deprivation to another.
The common blurring of the line
In 2026, we frequently see Calgary entrepreneurs charged with fraud when their only ‘crime’ was optimism or poor management. Prosecutors often mistake the following for criminal intent:
- Insolvent trading: Continuing to operate a business while hoping for a ‘turnaround’ that never comes.
- Sharp business practices: Seizing a competitive advantage that, while aggressive or even ‘unscrupulous,’ does not involve an underlying lie or deceitful act.
- Negligent misrepresentation: Making a statement you should have known was false, but which you honestly believed to be true at the time.
Our goal in such cases is to prove that your actions were a product of an ‘operating mind’ focused on business survival, not a ‘guilty mind’ focused on deceit.
By demonstrating a good faith belief in your venture, we can often move the case out of the criminal justice system entirely: a major ‘win’ for defendants.
Key 2026 updates affecting fraud defence strategies
Fraud defence strategies must now account for the 2025 Alberta Court of Justice procedural amendments, which streamlined the disclosure process for digital financial records.
The update mandates defence counsel to engage in mandatory pre-trial conferences for any fraud exceeding $5,000 involving cryptocurrency or multi-jurisdictional digital transfers.
Other changes must also be addressed.
Shifts in investigative power
In 2026, the Calgary tech-fraud task force is a joint initiative between provincial regulators and law enforcement:

In 2026, you can expect:
- Heightened surveillance on digital ledgers.
- The immediate seizure of hardware (smartphones, cold-storage wallets, and laptops) as standard procedure in Alberta financial investigations.
The Alberta Securities Commission (ASC) has also warned about AI-driven ‘Deepfake’ and ‘Finfluencer’ fraud.
Courts are increasingly proactive in addressing the use of encrypted apps like WhatsApp and Telegram to move illicit funds, viewing these platforms as primary vehicles for modern financial misconduct.
Defending your Section 8 Charter rights at bail hearings
Due to the rise in sophisticated financial crimes in 2026, Calgary courts are increasingly imposing digital device conditions as bail conditions. These may require you to:
- Provide your phone’s passcode to a bail supervisor upon request.
- Refrain from using ‘disappearing message’ apps.
We often argue for specific limitations on these searches. Section 8 Charter Rights protect you from unreasonable search and seizure. We ensure these rights remain protected while you are on release, challenging any police overstep that occurs during ‘routine’ bail checks.
Successful fraud cases
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Dedicated fraud lawyers at Strategic Criminal Defence
The team of lawyers at Strategic Criminal Defence in Calgary all provide fraud defence services. View our dedicated lawyer page to learn more about our lawyers and their focus areas.
FAQs
If you’re charged, a Calgary fraud lawyer from Strategic Criminal Defence will:
- Review the details and unique circumstances of your case to identify the strongest relevant arguments to challenge the fraud charge.
- Gather key evidence, such as police reports, forensic digital evidence, witness statements, and expert witnesses, to support the defence argument.
- Guide you through the complexities of the judicial system processes, explaining timelines, legal options, various scenarios, and associated consequences.
- Prepare for trial, if necessary, building a strong case to present to the judge/jury and questioning witnesses.
Strategic Criminal Defence is based in Calgary, and our lawyers know the local judges and prosecutors and how to approach them. The importance of this should not be underestimated, as it can greatly impact the outcome of your case.
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







