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, prompt legal advice is essential.

The Strategic Criminal Defence team has:

  • Defended more than 10,000 cases over two decades.
  • Earned over 700 5-star Google reviews.
  • Received Three Best Rated® status for eight consecutive years.
  • Won the Consumer Choice Award (2025 and 2026).
  • Earned BBB A+ rating.

Our fraud lawyers offer vast criminal defence case experience, and we will move quickly to defend your rights and preserve evidence for your defence.

Charter rights, forensic digital evidence, and police actions during the investigation and arrest can all support your defence.

What to do next if you’ve been accused of fraud

  1. Stop: Do not talk to the Calgary Police Service (CPS) or RCMP without a lawyer.
  2. Save: Preserve all emails, texts, and financial logs and do not delete any evidence.
  3. Silence: Deactivate social media. Do not discuss the case with coworkers, friends, or family.
  4. Call: Contact a Strategic Criminal Defence lawyer as soon as possible for a free, confidential consultation.

Contact us for a free, no-obligation consultation.

What is fraud, and how can a charge impact your future?

Fraud is categorized by the monetary value involved:

  • Under $5,000 in value.
  • Over $5,000 in value.

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: forgery, identity theft, perjury, embezzlement, unauthorized banking, and scams are all versions of fraud.

Examples of fraud

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.

What are the criminal penalties for fraud?

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.

The penalties, which range from heavy fines and restitution orders to significant federal prison sentences, are summarized here:

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 a Strategic Criminal Defence lawyer increases the chance of a favorable outcome.

What factors make fraud more serious?

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.

What are the longer-term 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: In more serious cases, the Crown may seek 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.

Beyond the immediate court-imposed sentences, a fraud conviction also creates long-term barriers to employment, housing, and international mobility, summarised here:

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. Standard private landlord screening practice; Alberta law does not restrict landlords from considering criminal records in tenancy decisions.
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.

How can we help during the investigation, arrest, charge, and bail process for fraud?

If you’re arrested and charged with fraud in Calgary, you could be detained pending a bail hearing.

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.

What happens after your arrest?

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.

What happens at 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:

  1. You will flee the jurisdiction.
  2. You will commit further financial crimes while on release.
  3. Your release will impact public confidence in the justice system.

What are the standard bail conditions for fraud?

A Strategic Criminal Defence lawyer will make submissions aimed at securing your release on the least restrictive conditions possible. However, the following restrictions are common:

  • 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.

How will our lawyers 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.

To secure a conviction for fraud in Alberta, the Crown prosecutor must prove several elements beyond a reasonable doubt: 

  1. The Actus Reus (the prohibited act).
    • Deceit (direct lies), falsehoods, or other fraudulent means.
  2. The Mens Rea (the guilty mind).
    • 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 were ‘reckless’ or ‘wilfully blind’ to the obvious risk your actions created.
  3. Identity: You were the individual who committed the acts.
  4. Value: The total dollar amount.

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 summarized below:

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 lay the information (formally 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.

Was it negligence or criminal fraud?

The line between a failed venture and a criminal act is often razor-thin.

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.

Calgary entrepreneurs can be 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 may be able to move the case out of the criminal justice system entirely: a major ‘win’.

What does the evolving digital landscape mean for fraud defence?

Fraud defence strategies must account for evolving digital disclosure practice, digital surveillance, forensic technology, and the influence of AI.

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.

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.

Successful fraud cases

Note: Past outcomes do not guarantee future results. Every case depends on its own facts.

Case Number: 75790055

Our client and his friend were accused of trading fake gold rings for cash at gas stations while pretending to have lost their wallets. After a trucker refused the offer and called the police, the two were arrested and charged with fraud. Both were in Canada as refugees, and a criminal conviction would create serious immigration consequences.

Upon being retained, we ordered disclosure and reviewed the case against our client. We pointed out several issues with the investigation to the Crown Prosecutor, and as a result, the charges against our client were stayed.

Successful Result: Charges Stayed; No Criminal Record

Case Number: 35370134

Our client was charged with one count of fraud under $5000. He entered a retail establishment, selected items and, using a fake name, charged the total to an account belonging to a company he had previously been contracting for. The company’s owner later recognized our client on the establishment’s CCTV footage and called the police. Our client was subsequently arrested and charged.

Upon being retained, we ordered disclosure and began negotiating with the Crown. We were able to successfully place our client in the Alternative Measures Program and, upon his successful completion of the program, his charges were withdrawn.

Successful Result: Alternative Measures, Charges Withdrawn, No Criminal Record

Case Number: 45470306

Our client was arrested for 11 acts of fraud under $5000 after an internal investigation conducted by his employer. The loss prevention officers identified 11 fraudulent cash register transactions using CCTV footage. Our client’s employer reported him to the police, who charged our client with 11 counts of fraud under $5000.

Once we were retained, we had a meeting with our client where we discussed his personal circumstances. We learned that our client had been suffering from some mental health issues. We obtained proof through medical documentation, and we took this information to the Crown Prosecutor. The Crown Prosecutor was initially seeking a Conditional Sentence Order with house arrest. We were successful in advocating for our client’s placement in the Mental Health Diversion Program. Upon our client’s successful completion of the program, the charges against him were withdrawn.

Successful Result: Mental Health Diversion, Charges Withdrawn, No Criminal Record

Case Number: 65670089

Our client was charged with theft under $5000 and fraud under $5000 after an investigation by a loss prevention officer revealed that she was stealing merchandise from her employer and making purchases with fraudulent gift cards. All the transactions were caught on her employer’s CCTV system.

Upon being retained, we reviewed disclosure and identified the ideal resolution for our client’s matters. In order to maximize the likelihood of success, we immediately directed our client to enroll in counseling and engage in volunteer work. We also sought out reference letters from family and friends, proof of employment, and an apology letter. We used these documents to support our submissions in favor of granting our client a conditional discharge. We were successful in our application, and as a result our client avoided a criminal conviction.

Successful Result: Conditional Discharge, No Criminal Record

Case Number: 757-220359

Our client was charged with defrauding his employer in excess of $100,000 over the course of numerous months. The client had no criminal record and had lost his job as a result of the charges. While he was prepared to accept responsibility for the fraud and come up with a plan to reimburse his employer, he was concerned about being required to serve a jail sentence. After multiple meetings, his lawyer identified that the client’s mental health and addiction issues played a significant role in the offending behaviour. She worked closely with the client to come up with a repayment plan and to obtain support for the client’s mental health and addictions.

The client ultimately chose to plead guilty. The Crown prosecutor asked the Court to impose a lengthy jail sentence to be served in a correctional institution. We asked the Court to impose a house arrest sentence (i.e., Conditional Sentence Order), in light of the underlying mental health and addiction issues, and the substantial work that the client had done to address these underlying issues.

The Court agreed with the submissions of defence counsel and imposed a house arrest sentence, as opposed to a jail sentence in a correctional institution. This allowed the client to continue repayment and rehabilitation efforts.

Successful Result: Conditional Sentence Order imposed; Client Served Sentence in the Community

Case Number: 00030220

Our client was charged with a ‘Fraud Over’ that occurred while in a position of trust. The amount was alleged to be over $250,000 and to have occurred over several years. Alberta case law typically requires jail time for such an offence.

Upon being retained, Joseph Beller combed through the disclosure and was able to convince the assigned Crown Prosecutor that the provable amount was limited to only $80,000. He further obtained several reports, character reference letters, and medical/psychological reports. After a lengthy sentencing process, our client was able to avoid jail and was granted a sentence in the community.

Successful Result: Conditional Sentence Order, No Jail Time

Case Number: 762106

Our client was charged with one count of Fraud Under $5000.00 for conducting fraudulent transactions in her healthcare account. The Crown was seeking jail time in the event of conviction.

Upon being retained, we immediately requested disclosure and reviewed it thoroughly with our client. As our client’s primary goal was to avoid jail time, we negotiated with the Crown to find a resolution that would ensure our client spent no time in prison.

Prior to entering an early guilty plea, we obtained a pre-sentence report that allowed us to successfully obtain a sentence of 4 months of house arrest and a one-year conditional sentence order instead of jail.

Successful Result: House Arrest and Conditional Sentence Order

Case Number: 562056

Our client was charged with multiple counts of fraud and theft over $5000.00 after he took thousands of dollars from several individuals. It was alleged that through his criminal actions, he had defrauded his victims of over $100,000.00 in funds. He was able to fraudulently obtain funds from his victims by telling them that he would purchase vehicles on their behalf, then take cheques from them, but would never provide them with a vehicle. At the time our client retained us, he was already serving a sentence in prison for several other offences, and as such, was looking at a very lengthy addition of time to his current sentence if convicted of this crime.

Upon being retained, we immediately ordered and examined our client’s disclosure. While there was very strong evidence of his guilt, we were able to identify significant weaknesses in the case against him. We then used these weaknesses in negotiations with the Crown Prosecutor to successfully secure a sentence that would not add any additional time to our client’s sentence.

Successful Outcome: No Additional Jail Time

Case Number: 44470337

Our client was an employee at a pharmacy and was charged after the manager discovered that she had been creating false prescriptions for non-existent clients in order to improperly access drugs. After the scheme was uncovered, our client was charged with fraud and drug trafficking.

Upon being retained, we immediately ordered and reviewed our client’s disclosure. We advised the Crown of our client’s efforts to address her issues with addiction and mental health. Our client pleaded guilty and we ultimately secured a two-year conditional sentence order.

Successful Result: No Jail Time

Testimonials

Employment and workplace fraud:

“I was charged with a very serious fraud over $5000 case involving my former employer. Michael and his team were able to get the entire matter withdrawn before it ever went to trial, saving my career and my future.”

D.S.

Negotiating withdrawals:

“I was facing multiple fraud and identity theft charges. Shaun Leochko was incredibly professional and managed to have all charges stayed. I walked away with no criminal record.”

K.B.

Complex financial investigations:

“Greg handled my complex fraud case with such calm and expertise. He found inconsistencies in the forensic audit that the prosecution provided, which eventually led to the charges being dropped.”

S.G.

Strategic legal advice:

“I was involved in a very stressful and high-stakes fraud investigation. Before any charges were even laid, the team at Strategic Criminal Defence provided clear, strategic guidance that was instrumental in how I dealt with investigators. Because of their early intervention and the way they managed the communication with the police, I was able to avoid being formally charged altogether. I can’t recommend them enough for their proactive approach.”

R.K.

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

Theft involves taking property without consent through stealth or force (e.g., shoplifting). Fraud, however, relies on deceit or falsehoods to induce a victim to voluntarily surrender assets or information. While theft is a crime of ‘taking,’ fraud is a crime of ‘trickery’ aimed at dishonest gain.

The fundamental difference is intent. A mistake is an honest error, such as a clerical slip or a misunderstood contract, occurring without a desire to deceive. Fraud requires a ‘guilty mind’ (mens rea): the person must knowingly use falsehoods or deceit to dishonestly gain an advantage or cause loss.

Travel restrictions are common when you’re facing fraud charges. Whether you can travel depends on your bail conditions (the rules set by the court while your case proceeds). For minor fraud allegations, the restrictions might apply only to international travel. For more serious fraud charges, especially those involving large sums of money, you might be restricted to your city or province.

Yes, fraud charges can often be negotiated down or even dismissed. Many fraud cases are resolved through plea bargaining rather than going to trial. Factors that help in negotiations include paying back the money involved, having no previous criminal record, showing the fraud was less serious than initially thought, or proving there were misunderstandings rather than intentional deception.

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.

With two decades of experience in representing people in tough situations in Calgary, Strategic Criminal Defence lawyers understand how local courts approach fraud cases. We will use this experience to protect your future.

Contact us for a free, no-obligation consultation.

michael-oykhman-thumb

Verified By: Michael Oykhman, Senior Criminal Defence Lawyer

Last Modified: June 7, 2026

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