Fraud investigations can move quickly. The earlier you speak with one of our Toronto lawyers, the more we can do to protect you.

Our team has:

  • Handled more than 1,000 criminal cases.
  • Gained over 25 years of criminal defence experience.
  • Received over 120 five-star Google reviews.

Our lead lawyer, Dylan Finlay, and his team are very familiar with the fraud laws, defence strategies, and local Toronto courts. We’re available 24/7 and can start building your defence immediately.

What are the next steps if you’re accused of fraud?

Talk to a lawyer about your case first, and follow their instructions.

Usually, you’ll need to take these three steps before doing anything else:

  1. Stop talking about the transaction in question. Don’t talk to co-workers, business partners, or the person who made the complaint. These conversations are often the first thing investigators ask for.
  2. Do not move or access any funds tied to the allegation. This can look like you are hiding money, even if that is not your plan, and it can hurt your bail.
  3. Start gathering your own paper trail right away. Bank records, invoices, and emails can support your side of the story, and they can be harder to get later.

Pass on any information you have to your lawyer and, from there, follow their advice to the letter.

Contact us for a free, no-obligation consultation.

What is fraud under Canadian law?

Fraud is defined under section 380 of the Criminal Code. Tax fraud, credit card fraud, investment fraud, and insurance fraud are common examples.

The seriousness of the charge depends on the value involved:

TYPE OF FRAUD CHARGE WHAT IT MEANS MAXIMUM PENALTY
Fraud over $5,000 (or involving a will) Deceiving someone out of money or property worth more than $5,000. 14 years
Fraud under $5,000 Deceiving someone out of money or property worth $5,000 or less. 2 years, or summary conviction
Fraud over $1 million A large-scale fraud that also passes $1 million in total value. 14 years, with a mandatory minimum of 2 years

Fraud under $5,000 is a hybrid offence. That means the Crown can choose to treat it less seriously. This can work in your favour with the right defence.

What happens if you’re investigated and charged?

A fraud investigation usually starts with a complaint. Police gather financial records and statements. They may ask you to come in for a voluntary interview. If they believe you committed the offence, they will lay a charge.

If you’re charged with fraud, the police may release you immediately, with a document outlining your charges and any conditions.

However, if you need a bail hearing, additional conditions often include:

  • Strict reporting requirements with a bail supervisor.
  • No contact with the alleged victim.
  • Limits on your financial activity.
  • Giving up your travel documents in larger cases.

Your Strategic Criminal Defence lawyer will argue for the least restrictive bail conditions possible while your case passes through the Toronto court system.

What are the consequences of a fraud conviction?

A conviction can mean more than prison time. The court can also order you to pay back what you took. It also leaves a criminal record that shows up on background checks.

Fraud cases can affect you before you’re even convicted. Under the Criminal Code’s proceeds of crime rules, a restraint order can freeze your bank accounts or property tied to the allegation. This can happen early in your case, not just after a conviction.

If you hold a professional licence, such as in real estate, finance, law, or accounting, your regulator may also take disciplinary action. This can happen no matter what happens in your criminal case.

These harsh outcomes make it essential to speak to a criminal defence lawyer as soon as you’re aware of an investigation against you.

What defences do we use to fight a fraud charge?

Fraud charges can be hard for the Crown to prove.

Common defences include:

  • No intent to deceive. An honest mistake is not fraud.
  • No real or possible loss. If nobody was actually harmed or at risk of harm, the case is weaker.
  • You had permission. What appeared to be fraud may have been approved by a supervisor or business partner.
  • You relied on expert advice in good faith. If you gave a lawyer, accountant, or advisor full information and followed their advice, this can be a valid defence.

Fraud cases often hinge on detailed financial evidence. We can work with forensic accountants to review the Crown’s financial evidence and challenge their case.

Where is your case heard?

If the police arrest you and do not release you, you will likely be held at:

  • The Toronto South Detention Centre (for men).
  • The Vanier Centre for Women in Milton (for women).

From there, you will be brought to a bail hearing within 24 hours. Bail hearings are held at the Toronto Regional Bail Centre on Finch Avenue West.

If your case proceeds to trial, it will likely be heard at the Ontario Court of Justice on Armoury Street. Fraud cases over $5,000 can go before a judge and jury at the Superior Court of Justice on University Avenue.

Which court hears your case can change your timeline and your defence plan. This is worth discussing early with a Strategic Criminal Defence lawyer.

How can a Strategic Criminal Defence fraud lawyer help you?

We get involved early, often before charges are laid. We can help you avoid actions that could harm your case. We can also help you communicate and interact with law enforcement.

If you’re charged, we review the Crown’s full disclosure package and financial evidence line by line. Our team works with forensic accountants to challenge the Crown’s numbers or their theory about your intent. We can also often negotiate with the Crown on resolutions that can lead to a better outcome.

How can your fraud charge be resolved?

Well over half of criminal cases in Ontario end with charges withdrawn, stayed, dismissed, or discharged before a trial verdict is reached. Your options depend on the facts of the case, the amount of the alleged fraud, and your criminal history. Smaller, first-time fraud cases may qualify for a peace bond or the Alternative Measures Program.

Larger frauds are harder to resolve this way. Courts treat them seriously and often seek to send a strong message through sentencing. Paying back the money you took won’t necessarily prevent a criminal record, but it is often a real factor in getting a better outcome.

Testimonials

While past results do not guarantee future outcomes, here’s what some of our recent clients have said about us:

“The best possible outcome”

“Dylan is a fantastic lawyer who knows what he’s doing. He listened to all my concerns & questions patiently & provided responses that were satisfying. Dylan worked to get me the best possible outcome for my case & got the charges withdrawn. I would definitely recommend him.”

P.M.

“Under-promised and over-delivered”

“I felt myself in good hands after I spoke with Mr. Finlay and retained him. He handled my matter with a great attention to detail, guided me through every single step very clearly and effectively. The best part in my case was that Mr. Finlay under-promised and over-delivered. The outcome was 100% in my favor. I highly recommend this firm for your legal matters.”

M.G.

“Won’t let you down”

“Lorant Kiss is a fantastic lawyer. He managed to smoothly get my charge dismissed in a matter of months. What impresses me most about him, though, is how dedicated and professional he is. If I had a question or concern, he would answer me right away and explain every legal process. Anyone who runs into trouble or hard times should definitely give him a call. At the end of the day, there are good and bad lawyers and he won’t let you down.”

E.S.

FAQs about fraud charges

Yes. Canadian law does not require you to have meant to keep the money. If you knowingly did something dishonest, and knew, or should have known, it could cause a loss, that can still be fraud. An honest mistake is different.

No, you’re not required by law to tell your employer. Police will usually not inform them either. But if your job requires a vulnerable sector check, or your employer is somehow connected to the allegation, they may find out.

Only a conviction shows up on your criminal record. If your case is still open, it will not appear there yet, though the police system may still show that you were charged.

Yes, this can happen before you are convicted. A restraint order under the Criminal Code can freeze bank accounts or property connected to the allegation while your case is ongoing. A lawyer can help you understand what is frozen and why.

Both fraud and theft involve taking money illegally. With theft, someone takes your property without your permission. With fraud, someone tricks you into willingly giving it up. Whether the victim agreed to hand it over is usually what tells the two apart.

Contact us for a free, no-obligation consultation.