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Fraud or Financial Offences
Fraud involves deceiving someone to unlawfully gain something. Charges for fraud can be
categorized as either fraud under $5,000.00 or fraud over $5,000.00. A fraud conviction
typically results in restitution, fines, and potential jail time. For amounts exceeding
$5,000.00, the sentence may be up to 14 years in jail, while fraud under $5,000.00 could
lead to a maximum of 2 years in jail.
Fraud charges are treated seriously, with common offenses involving online banking and
commerce schemes, as well as identity and credit card fraud. These charges are often
intricate, particularly when they entail complex financial transactions.
In any criminal case, pleading guilty to a fraud charge can have significant consequences. A
criminal record may impact your employment, immigration status, reputation, family, and
personal freedom. A fraud conviction is particularly problematic as it is considered a crime
of dishonesty.
In any fraud case, the prosecutor bears the burden of proving, beyond a reasonable doubt,
that a fraud occurred. The prosecutor typically relies on a complex paper trail and
witnesses to make their case. Throughout the process, opportunities may arise to
challenge or exclude such evidence.
Penalties for Fraud
Under the Criminal Code of Canada, Section cc. 380.(1), anyone found guilty of fraud over $5000 is guilty of an indictable offense punishable by imprisonment for up to fourteen years.
Under the Criminal Code of Canada, Section cc. 380.(1), anyone found guilty of fraud over $5000 is guilty of an indictable offense punishable by imprisonment for up to fourteen years.
Under the Criminal Code of Canada, Section cc. 380.(1)(b), anyone found guilty of fraud
under $5000 is guilty of an indictable offense punishable by imprisonment for up to two
years, or in less serious cases, by an offense punishable on summary conviction.
What if I pay back the money?
Fraud cases are often challenging for prosecutors to prove in court, requiring substantial time and effort from the police and prosecutor’s office. In some instances, an offer to pay back the money or the value of the property (restitution) may lead to an agreement with the prosecutor to withdraw the charges, avoiding a time-consuming and difficult court case. Alternatively, it may be a factor for the judge to consider when deciding the penalty to impose.
Fraud cases are often challenging for prosecutors to prove in court, requiring substantial time and effort from the police and prosecutor’s office. In some instances, an offer to pay back the money or the value of the property (restitution) may lead to an agreement with the prosecutor to withdraw the charges, avoiding a time-consuming and difficult court case. Alternatively, it may be a factor for the judge to consider when deciding the penalty to impose.
Are there defenses to fraud?
As with most criminal charges, you may have certain defenses available, including a lack of intent to defraud, depending on the circumstances of your case.
As with most criminal charges, you may have certain defenses available, including a lack of intent to defraud, depending on the circumstances of your case.
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