Fraud Lawyers in Toronto

Fraud is in umbrella term that describes variety of criminal activities under Canadian criminal law.

Committing fraud can lead to many negative outcomes; both for your personal and professional life. Fraud is similar to the crime of theft, but it is different as it involves an element of deceit or false representation, like attempting to defraud someone or the public of their property, money, or services.

The consequences and nature of fraud are dependent upon the complexity and type of fraud committed. Section 380 of the Criminal Code of Canada outlines the offence of fraud and also separates it into 2 categories: fraud over $5000 and fraud under $5000. Fraud that is over $5000 is considered more serious and is an indictable offence. Fraud under $5000 however, is considered less serious and is classified as a hybrid offence. This means that the Crown Prosecutor can decide whether it will be considered as a summary offence or an indictable offence, depending on the circumstances of each case.

If you are convicted of fraud over $5000, you could potentially be imprisoned for up to 14 years. If you are convicted of fraud under $5000, you could be sentenced with up to 2 years in prison and/or a $5000 fine. This will depend on whether the Crown classifies the fraud as and summary or indictable offence. If you commit fraud over one million dollars, a mandatory minimum of 2 years will be imposed upon conviction.

Key Takeaways

• The severity of a fraud charge depends on if the fraud was over or under $5000. If it was over $5000 it is more sever, and if it is under $5000 it is less sever.
• If you commit fraud of over $5000 you could be facing up to 14 years in prison. If you commit fraud of less than $5000 you could be facing up to 2 years in prison and/or $5000 fine.
• If you are charged with fraud, the police may release you immediately, with a document outlining your charges and any conditions. However, in some cases a formal bail hearing may be necessary for release (this will happen within 24 hours of your arrest). This will depend on several factors unique to your case, such as whether you have a previous criminal record or the seriousness of the allegations you face.
• Being accused of fraud can be stressful, but it’s important to remember that a fraud charge can successfully be fought with the help of a skilled and experienced attorney.

How can a fraud lawyer in Toronto help?

When facing criminal charges, it would greatly benefit you to hire a criminal defence lawyer. A criminal defence lawyer can give you important pre-charge advice, understand your rights in the situation, and help you avoid actions that could harm your case. A skilled criminal defence lawyer can help you communicate and interact with law enforcement.

Criminal defence lawyers can help you fight your case successfully by gathering evidence, interviewing witnesses, and retaining help from expert witnesses as well. All of these steps are crucial in building a successful defence.

The criminal justice system and processes are complicated. An experienced lawyer can help you navigate these complexities and provide you with a strong representation in court. All of these factors will provide you with the best possible chance in gaining a favourable outcome.

Fraud Charge in the Criminal Code of Canada

While fraud is a broad term that covers a broad range of acts, its core involves fraudulently and deceptively acquiring property, money, valuable security, or services.

Examples of Fraud Charges

Common examples of fraud charges may include:

• Tax fraud
• Identity theft
• Insurance fraud
• Possession of stolen property
• Forgery
• Embezzlement

Fraud Charge Defences

There are many defences that your lawyer could use to defend you against a fraud charge. The kind(s) of defences that could be used will be dependent on the individual circumstances of your case.

Generally, the best defences for fraud charges are as follows:

• Factual Innocence: This is when the facts and evidence do not support your involvement or other key elements of the offence and is usually the strongest defence. Examples include:
  • Lack of fraudulent intent: if you genuinely didn’t know that your actions were dishonest or deceitful, you may not be held accountable. But, if you were reckless or just ignored the fraudulent nature of your actions, you may still be found guilty.
  • Absence of loss: If the victim didn’t face any actual or potential loss, then the fraud allegation may be weakened. However, even if the Crown cannot prove that you committed fraud, they may still be able to convict you for conspiracy to commit charge.
• Violation of Constitutional Rights: The Canadian Charter of Rights and Freedoms outlines what your rights are before and after arrest. If the police violates these rights, it could strengthen your defence. For example, if evidence presented against you was obtained unlawfully, it could be excluded from the trail, which would in turn weaken the case against you.

The Crown has to prove that your actions led to the actual or potential loss of someone’s property, money, or assets through dishonest or deceitful means. The Crown are the ones who have to prove this, meaning the burden of proof lies with them. However, you may play a role in raising certain defences during the trail.

What are the consequences of a fraud charge?

There are both legal and non-legal impacts fraud charges can have on your life. From a non-legal perspective, fraud charges can negatively affect your personal and professional life. When people think of fraud, they think of someone who is dishonest. This can directly impact the way you’re viewed by your community, potential future employers, and others.

On the other side, there are also many legal consequences that may arise. Since fraud is a term that covers a wide variety of actions, the consequences also vary. They can range from discharges to fines, probations or even incarceration. Section 380 of the Criminal Code highlights the maximum penalties of fraud as:

• Fraud over $5000 or involving a testamentary instrument (e.g., a will) could result in up to 14 years in prison
• Fraud that is $5000 or less can result in up to and including 2 years imprisonment if prosecuted by indictment, or less than 2 years if it is a summary conviction

The sentencing options in fraud cases can vary, and will depend on factors like the amount misappropriated, the relationship between you and alleged victim, your prior criminal record, and other circumstances of the case.

Fraud Charge Investigations

A fraud charge allegation is typically instigated when a complainant informs the police. The police will then collect statements from those involved, and look through any relevant documentation, like financial records. The case could last weeks, months or even longer depending on how complex it is. The police may request your presence at the station to question you if you become a subject of interest.

Once the police have collected their evidence, they will arrest you if they believe you are the perpetrator.

If you are charged, the police will create a “disclosure package” of all the collected evidence and give it to the Crown Prosecutor. You have the right to see this package and review the evidence against you. Our lawyers will assist you in acquiring and reviewing the disclosure package to examine the Crown’s case and identify potential legal defenses.

Bail Conditions for Theft Charges

If you have been charged with fraud, you may be released on a release order, which will tell you what you have been charged with, where you need to appear, and any potential release conditions.

However, you may need to undergo a formal bail hearing. This will be held within 24 hours of your arrest. If you’re released on bail, there may be certain conditions you have follow (bail conditions). They could vary based on the circumstances of the case but could include ceasing contact with the alleged victim, curfews, limits on places you can visit (like the alleged victim’s workplace), restrictions on alcohol and drug use, or surrendering weapons or firearms you own.

If you are released on bail, it is important that you follow the conditions. Failure to do so could result in adverse consequences.

Frequently Asked Questions about Fraud

Will a fraud charge show on my criminal record?

A fraud charge will not show up on your criminal record if the case is still ongoing or open. However, the police system may show that you have been charged with an offence. A criminal record will only show up if you are convicted of fraud. Even a conditional or absolute discharge will not result in a criminal record since these are considered criminal convictions.

If your job requires you to provide a vulnerable sector check, it may show offences you have been charged with, even if they’re ongoing.

How long does a fraud case take?

The length of a fraud case can vary – it could take weeks, months or even longer to resolve. This will vary based on the individual circumstances of the case.

Can I travel while a fraud case is ongoing?

If you’ve been charged with fraud, you should generally be able to travel freely. However, if you have been released on bail, your bail conditions may restrict you from travelling outside the country or even outside of Ontario. It is important to be fully aware of your bail conditions, so that they are not violated.

Can I go to jail for fraud charges?

Yes, it is possible that you may go to jail if you are convicted of fraud. The maximum sentence is 14 years, but sentencing will vary based on the severity of the charge.

Do I have to tell my employer about fraud charges?

The police will likely not inform your employer that you have been charged with fraud. You are not obligated by law to inform your employer if you have been charged with fraud. However, in some cases, the employer may be informed, if they are somehow related to the fraud. Employers may be able to see you have been charged with a crime, should they require a vulnerable sector check.

Related Offences

• Mischief: Mischief involves unlawful tampering with someone’s property and the term covers a broad range of actions.
• Possession of Stolen Property: Possession of stolen property involves having someone else’s property under your control, knowing it was stolen. A common example of this is a stolen credit card.
• Theft: Theft is a broad term that typically defines the stealing of someone else’s property.