Fraud Lawyer in Toronto
Facing a Fraud Charge in Toronto? You’re in the right place. This article will provide guidance on the type of case you’re up against and some of the next steps to take in order to put yourself in a good position to start defending your allegation.
What is Fraud?
Fraud is a criminal offence found under the Criminal Code of Canada. Section 380(1) of the Code specifies that the offence is committed when someone, “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”.
The Crown would have to prove this charge beyond a reasonable doubt in court, unless you plead guilty. A Fraud Lawyer in Toronto will assist you in understanding what fraud is and whether the Crown has sufficient evidence to prove the case against you.
What Type of Criminal Offence is Fraud?
Fraud is considered a crime of dishonesty. Crimes of dishonesty, if you are convicted of one, can have implications for you besides the direct punishment in Criminal Court. For example:
- Travel to the USA can be problematic, as Homeland Security and Customs and Border Patrol are concerned with Crimes of Dishonesty (or Crimes of Moral Turpitude)
- A fraud conviction may affect your credibility at future court proceedings (including if you are testifying on your own behalf or someone else’s in a separate case)
- Fraud offences, unlike some other crimes, may be particularly concerning for certain employers, such as banks and other financial institutions
With a fraud charge, you’d be wise to consult a Fraud Lawyer in Toronto to evaluate your options, given what’s at stake if convicted.
What Category of Offence is Fraud in Toronto, Ontario?
Fraud Under $5,000 is a hybrid criminal offence, meaning that the Crown can proceed either by summary conviction or by indictment.
Fraud Over $5,000 is a straight indictable offence. Retaining a Fraud Lawyer in Toronto for Fraud Over $5,000 is particularly important, given that the maximum punishment is 14 years in jail.
The difference between summary and indictable offences is explained in another article found HERE.
Can I Get a Fraud Charge Withdrawn?
There is no set outcome or penalty for Fraud. Fraud is a broad offence that captures a wide range of conduct. Depending on the seriousness of your offence, there may be a chance to convince the Crown Attorney to withdraw your charge. Factors that will influence whether your case can be withdrawn include:
- Whether you have a criminal record
- The financial loss suffered by the victim
- The impact of the financial loss on the victim
- Whether you were in a position of trust in relation to the victim
Consult with a Fraud Lawyer in Toronto to determine whether your case is one that may be disposed of by the Crown Attorney with the correct approach taken.
What are the Potential Punishments for Fraud?
The law on fraud in Canada distinguishes between fraud under $5,000 and fraud over $5,000, with different penalties and implications for each category.
Fraud over $5,000 is addressed under section 380(1)(a) of the Criminal Code. This offence is considered more serious and is punishable by a maximum term of imprisonment of 14 years. The severity of the punishment reflects the significant impact such frauds can have on victims and society. Additionally, if the total value of the fraud exceeds $1 million, a mandatory minimum sentence of two years’ imprisonment is imposed.
Fraud under $5,000, on the other hand, is covered under section 380(1)(b) of the Criminal Code. This offence carries a lighter penalty, with a maximum term of imprisonment of two years if prosecuted by indictment, or it may be prosecuted by summary conviction, which typically results in lesser penalties. The distinction in penalties underscores the lesser financial impact and perceived harm of frauds involving smaller amounts.
Regardless of the type of Fraud charge you’re facing, retaining an experienced Fraud Lawyer in Toronto to assist with your defence will pay dividends in the long run.
Is a Fraud Against an Employer More Serious?
Yes – an employed fraud involves a “breach of trust”. A breach of trust is considered an aggravating factor on sentence, and requires the Court to increase punishment severity, focusing on sentencing objectives such as general deterrence and denunciation.
What are Potential Defences to Fraud?
To defend a charge of Fraud under the Criminal Code of Canada, it is essential to understand the specific elements of the offence and the potential defences available. Fraud is a serious charge, but there are several strategies that can be employed in defence.
Firstly, the prosecution must prove beyond a reasonable doubt that the accused intentionally deceived another party, resulting in a loss or risk of loss to that party. This involves demonstrating that the accused had the intent to defraud and that their actions were dishonest. A defence strategy could involve challenging the evidence of intent or arguing that the accused did not act dishonestly.
Another potential defence is to argue that there was no actual loss or risk of loss. If the accused can show that the alleged victim did not suffer any financial harm or that the harm was not a result of the accused’s actions, this could weaken the prosecution’s case.
Additionally, the accused could argue that they had a legal right to the property or money in question. If the accused believed they were entitled to the funds or property, this could negate the element of deceit required for a fraud conviction.
It is also important to consider any procedural defences, such as violations of the accused’s rights under the Canadian Charter of Rights and Freedoms. For example, if there were issues with how the evidence was obtained, this could be grounds for having the evidence excluded from the trial.
Retainer an experienced Fraud Lawyer in Toronto can help develop a defence that you otherwise would not even consider had you represented yourself.
Andrew Captan – Fraud Lawyer in Toronto
For a free consultation with an experienced Fraud Lawyer in Toronto, contact Andrew Captan today at (647) 878 – 6355, email him at andrew@captanlaw.com or visit his website HERE.
