Intent and Misrepresentation in Fraud Cases

To obtain a fraud conviction, the prosecution must prove that the accused acted with intent and knowingly engaged in a deceptive act. This includes making false pretenses, omitting key information, or using fraudulent activity to gain access to money, property, or services.

The presence of reasonable doubt about the accused’s knowledge or intent can lead to a successful defence or even dismissal of charges.

Types of Fraud

There are many types of fraud prosecuted under Canadian criminal law. These include but are not limited to:

• Mortgage fraud.
• Credit card fraud.
• Insurance fraud.
• Tax fraud.
• Internet fraud.
• Medical insurance fraud.
• Asset fraud.
• Inheritance fraud.
• Bank fraud.
• Corporate fraud.
• Stock fraud.
• Real estate fraud.
• Securities fraud.
• Ponzi schemes.
• Charity fraud.
• Online scams.
• Insider trading.

Each type of fraud has unique characteristics and may require specialized legal strategies. For instance, tax fraud and bank fraud often involve complex documentation, while identity theft and internet fraud may require digital forensic analysis.

The Role of a Fraud Lawyer

A skilled fraud lawyer provides more than courtroom representation. Whether you’re facing fraud or theft charges, from pre-charge consultation to bail hearing, trial, or resolution, your lawyer will:

• Investigate the allegations thoroughly.
• Challenge the evidence presented by the Crown Attorney.
• Negotiate with prosecutors for diversion, withdrawal, or reduced charges.
• Represent you at trial before the Superior Court or Supreme Court.
• Assist in appealing or expunging a criminal record, if applicable.

We take the time to understand every facet of the case, including the financial, legal, and personal dimensions, offering honest advice and decisive action.

How to Defend Criminal Fraud Charges

Defending against criminal charges for fraud involves careful examination of both the facts and the law. Some common defences include:

• Lack of intent or knowledge.
• Honest mistake or misunderstanding.
• Entrapment or abuse of process.
• Violation of Charter rights.
• Insufficient evidence or such evidence being inadmissible.
• Presence of reasonable doubt.

Every fraud case is unique. Our defence strategy is tailored to the facts, aiming to avoid a criminal conviction and the serious consequences that come with it.

What Is the Penalty for Fraud Over $5000?

Fraud over $5,000 is classified as an inditable offence, and the maximum penality under the Criminal Code of Canada is up to fourteen years in prison.

A conviction for fraud over $5,000 is likely to result in harsher sentencing, especially where there are aggravating factors such as:

• Large sums of money involved.
• Multiple victims.
• A position of authority or breach of trust.
• Use of sophisticated methods.
• Involvement of vulnerable individuals or charities.

The maximum sentence is rarely imposed, but the law reflects how fraud is a serious offence in the eyes of the court.

What Is the Penalty for Fraud Under $5000?

Fraud under $5,000 can be prosecuted as either a summary conviction or an indictable offence, depending on the circumstances. Penalties may include:

• Fines.
• Probation.
• Jail time (up to 2 years if prosecuted by indictment).
• A lasting criminal record.

Even though the dollar amount is lower, the criminal process can still be lengthy and damaging. Early intervention from a qualified fraud lawyer Toronto is essential.

What If I Pay Back the Money?

Repaying the amount defrauded, often called restitution, can influence sentencing or negotiations. In some cases, it may lead to:

• Diversion programs.
• Withdrawn or reduced charges.
• Alternative measures instead of jail time.

However, restitution is not a guarantee of leniency. The prosecution and judge will also consider intent, remorse, and any prior criminal activity.

Is There a Mandatory Minimum Sentence for Fraud?

There is no mandatory minimum sentence for fraud under Canadian law, except in certain cases involving public markets or breach of trust. However, the courts consider a variety of aggravating factors that may result in harsher punishments.

Which Circumstances Can Increase Fraud Sentences?

Fraud sentencing may be increased in situations where:

• The fraud exceeds one million dollars.
• The accused was in a position of trust (e.g. financial advisor, lawyer).
• The offence involved vulnerable victims.
• There is evidence of planning or sophistication.
• The fraud relates to securities fraud, stock fraud, or white collar crime.

These circumstances may result in elevated penalties, including fourteen years imprisonment in the most serious cases.

Our Expertise

Large-Scale and Corporate Fraud Defence

High-stakes corporate fraud or fraud litigation often involves regulatory scrutiny, forensic audits, and multiple parties. Our firm has defended companies and executives facing allegations of:

• Breach of trust.
• Insider trading.
• Crown proceeds misappropriation.
• Financial misreporting.
• False pretence in obtaining contracts or investments.

We work closely with financial experts, forensic accountants, and investigators to build a thorough and aggressive defence.

Digital and Cyber-Fraud Investigations

The rise of online scams, internet fraud, and identity theft has led to an increase in digital investigations by law enforcement. If you’ve been accused of a cyber-related fraud offence, you need a fraud lawyer who understands digital evidence, privacy laws, and constitutional protections.

We are experienced in challenging search warrants, electronic surveillance, and other tactics used in these investigations.

Exploring Diversion, Restitution, and Resolution

Not al fraud cases go to trial. In many instances, particularly for first-time offenders or law-dollar offences, we may explore:

• Diversion programs.
• Restitution arrangements.
• Peace bonds.
• Non-criminal resolutions.
• Conditional discharges.

These options can help avoid a fraud conviction and its serious consequences.

Protecting Your Rights Before and After Charges

If you are under investigation or already charged with fraud, you have the right to:

• Remain silent.
• Retain legal counsel.
• Know the evidence against you.
• Be presumed innocent.

We provide early-stage legal advice and representation at all stages of the criminal process, from police interviews to court proceedings and appeals.