Fraud
Criminal Defence
Being charged with a criminal offence is a serious matter. You could be facing jail time, fines, or other forms of punishment. Hiring the Cordaie Paralegal team will give you the best chance of getting the outcome that you want.
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Fraud Offences
Fraud charges in Canada are on the rise, and it's important for people to be aware of the possible consequences they could face if they are found guilty. The Canadian government has strict laws that prosecute anyone found guilty of fraud, and the potential penalties can be severe.
Financial fraud is a serious offence in Canada, and it can include a wide range of activities such as embezzlement, false statements, identity theft, and money laundering. Depending on the nature of the fraud, an individual may face fines, jail time, or both. In some cases, those convicted of fraud may be required to repay the money they took from victims.
The Royal Canadian Mounted Police is the main agency responsible for investigating and prosecuting fraud charges in Canada. They have an Anti-Fraud Centre that works to detect, prevent, and investigate fraud cases. The RCMP also works with other organizations such as the Canadian Security Intelligence Service and the Financial Transactions and Reports Analysis Centre of Canada to identify and prosecute fraudsters.
It's important for Canadians to be aware of the potential consequences of fraud and to take steps to protect themselves. This includes being careful when dealing with businesses and individuals online, and making sure to verify the trustworthiness of any person or company they do business with. People should also report any suspicious activities to the RCMP or their local law enforcement agency.
Fraud charges are serious, and it's important for people to understand the implications. In Canada, fraud is a criminal offence and those convicted could face up to 14 years in prison. It's crucial for Canadians to be aware of the potential risks and penalties associated with fraud and to take the appropriate steps to protect themselves.
Fraud Charges in Canada
If you've been charged with fraud, don't panic! You have rights, and we can help. You can defend against these charges, or even get them dropped entirely.
Our paralegals will fight to keep you out of prison, negotiate a reduced sentence, or even get your case dismissed entirely.
We'll work closely with you to ensure that the evidence against you is properly evaluated for its reliability and relevance. We'll also work hard to find holes in the prosecution's case that could lead to your charges being dropped or reduced.
We'll start working on your defence from day one—so give us a call right now
at 844-4-WIN-4-ME.
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Our team is here to help you with your legal issues. We have provided an overview of the types of cases we handle. In addition, we have provided a frequently asked questions page on our website.
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Fraud Offences
Some information that you should know about fraud.
The Definition of Fraud in the Criminal Code
Fraud is an umbrella term that can cover a wide range of activities. The act involves taking someone's property, money, valuable security, or any other service unlawfully and deceitfully section 380(1)(a) of the Criminal Code defines fraud over $5,000 and 380(1)(b) of the Code defines fraud under $5,000. The complexity and value of a fraud determine its severity. Generally, frauds over $5,000 are more serious, and the Crown may indict or summarily prosecute, depending on the circumstances.
Section 380.1 of the Criminal Code states,
"(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"
(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."
Aggravating Factors for a Fraud Charge
Section 380.1 of the Criminal Code, includes:
- The degree of sophistication, planning, or deception in the fraud
- The number of dishonest transactions during the offence
- Duration of the dishonesty
- The number of victims impacted by the fraud
- The vulnerability of the victims impacted by the fraud
- The impact that the fraud had on the victims
- The nature and the extent of the loss
- If any efforts were made by the accused to conceal the fraud
- If there was any personal benefit for the accused
- The number of individuals involved in the fraud and the accused’s role in the fraud.
Mitigating Factors for a Fraud Charge
- Voluntary repayment of restitution by the accused before sentencing
- Whether the accused had any honest motive for the fraud
- Whether the accused suffered any major personal impact from the offence of fraud
- No prior record of fraud is held by the accused.
Fraud: Possible Defences
Fraud cases are inherently different and a good defence will depend on the circumstances of the offence and the evidence against it. Common defences to fraud charges include arguments for lack of fraudulent intent, no risk of loss, and charter defences to exclude evidence.
No fraudulent intent
- A fraud charge must meet the actus reus and mens rea requirements beyond a reasonable doubt in order to be convicted. If you are not aware that you are committing fraud, you cannot be convicted of it. However, if the accused were reckless or willfully blind, they cannot rely on this defence.
No risk of loss
- An actus reus for fraud must involve some form of deprivation, either actual loss or the risk of loss. You can argue that an act did not result in actual deprivation or risk of deprivation as a defence to a fraud charge. There will not be a conviction for the Crown if no evidence of actual deprivation or risk of deprivation can be provided.
Charter defences
- The Charter outlines rights and freedoms, including the right not to be subject to unreasonable searches and seizures. In the event that a police violation of these rights has occurred, a defence lawyer may request that any evidence gathered through the illegal search be excluded under section 24(2) of the Charter. You cannot be found guilty of fraud by relying on that evidence, so the Crown cannot use it to prove your guilt.
What You Need to Do to Get Your Charges Dropped
You may be eligible for a diversion program or probation if you have been charged with fraud. You must accept responsibility for your actions and complete a probation officer-designed program. The Crown will withdraw the charges against you if it receives proof that you have completed the program.
Obtaining a favourable resolution from the Crown requires volunteering in the community immediately following an offence or other action. Writing apology letters, enrolling in counselling, or doing other activities that show you are motivated to rehabilitate yourself, may suggest that you may be a good candidate for a diversion program.
Avoid a Criminal Record with a Discharge:
To avoid a criminal record with a discharge, we can try to persuade the prosecutor to join them in an application for a discharge. A discharge is a sentencing option that will allow you to avoid a criminal record after you have pled guilty to the offence, and if successfully obtained, you will be immediately and permanently discharged from the offence.
Other Sentencing Options
When facing a conviction for fraud, it is important to consider other sentencing options such as diversion, or a discharge. If the evidence against you is strong, it may be beneficial to reach a pre-trial agreement with the Crown and enter an early guilty plea. If you are likely facing jail time, it is also beneficial to negotiate a proposed sentence with the Crown prior to trial. Some potential sentences that may be more desirable than a period of incarceration include a fine and probation, allowing you to serve your time in prison intermittently, or allowing you to avoid prison with a suspended sentence.
Penalties Associated With Fraud
In a fraud case, the sentence depends on the circumstances, including the amount of money taken, the value of the money taken, and who stole it. It is important to determine whether the fraud is over $5,000 or under $5,000.
Fraud over $5,000
- Fraud over $5,000 carries a maximum jail sentence of 14 years, with suspended sentences, fines, prison and probation, prison and fine, intermittent sentence, and fine, and probation. The minimum jail term is two years if the defrauding amount exceeds one million dollars.
Fraud under $5,000 – Proceeding by Indictment
- A maximum 2-year jail sentence applies if you are charged with fraud under $5,000 and the crown elects to proceed by indictment.
Fraud under $5,000 – Proceeding Summarily
- In cases of fraud under $5,000., a maximum of two years less one-day jail sentence and/or a fine of $500 can be imposed.
We Will Help You Reduce the Consequences
Before your case goes to trial, we strive to get it dismissed. A discharge will be sought if this is not possible. You can reduce the negative effects of a conviction by admitting responsibility, making charitable donations, writing an apology letter, paying restitution, and enrolling in counselling. With our team negotiating on your behalf and familiar with the criminal justice system, your case can have a better outcome.
Frequently Asked Questions
Here are answers to some common questions.