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FRAUD CHARGES

Under Canadian law for a fraud to be committed, it requires that a dishonest act either by deceit, falsehoods or other fraudulent means that caused an actual economic loss must occur, Section 380(1) of the Criminal Code provides:

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, is guilty of an indictable offence. 

In Canada, fraud charges are classified as either Fraud Under $5000 or Fraud Over $5000. A fraud charge can encompass a wide range of activities or a single subject matter that could appear to be legal. Depending on the circumstances, fraud charges may be very technical and complex offences that can be complicated for the Crown Attorney to prove and a difficult criminal case for defence counsel to defend against. There are instances where innocent people, through personal circumstances or professional associations, have been charged with fraud.

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In Canada, fraud charges are classified as either Fraud Under $5000 or Fraud Over $5000. A fraud charge can encompass a wide range of activities or a single subject matter that could appear to be legal. Depending on the circumstances, fraud charges may be very technical and complex offences that can be complicated for the Crown Attorney to prove and a difficult criminal case for defence counsel to defend against. There are instances where innocent people, through personal circumstances or professional associations, have been charged with fraud.

William Jaksa is an experienced criminal defence lawyer that has represented clients on fraud related charges ranging from simple identity theft, to credit card fraud  and bank fraud to complex advance fees for loan frauds, to large scale multinational stock investment schemes. William Jaksa has provided legal representation to clients accused of Fraud Over $5000 in several large-scale complex police investigations including Project Marathon, Project Longtime and Project Ambassador to name a few.

FRAUD RELATED OFFENCES

As a lawyer defending fraud charges in Toronto area courts for many years William Jaksa has represented clients on fraudulent allegations stemming from:
  • EIdentity Theft
  • EInvestment Frauds
  • ECredit Card Forgery
  • EEmbezzlement
  • EAdvance Fee Loans Schemes
  • ECross-Border Fraud
  • ECharities Fraud
  • EFraudulent Insurance Claims
  • EFraudulent Medical Expense Claims
  • EFraud on the Government, section 121
  • EBreach of Trust by Public Officer, section 122
  • EMail Fraud, section 381
  • EManipulation of Stock Exchange Transactions, section 382
  • EInsider Trading, section 382.1
  • EFraudulent Concealment of Title Documents, section 385
  • EFraudulent Registration of Title, section 386
  • EMisleading Receipts, section 388
  • EValuable Minerals Fraud, section 394

When you retain William Jaksa as your Toronto fraud lawyer, he will thoroughly review your matter and provide you with realistic legal advice your options and defence strategies. He will work closely with you and any experts or private investigators to ensure the best possible outcome for your matter.

PROVING FRAUD CHARGES

When prosecuting these cases, the Crown Attorney will often rely on evidence from search warrants, production orders, business records and expert analysis. There are strict procedural and evidentiary rules that must be complied with to introduce such evidence.  William Jaksa, as your fraud lawyer from Toronto, will be able to explain these rules and ensure that both the police and Crown Attorney are following them.

For the Crown to prove fraud charges they must prove:

  • NIdentity of the accused party
  • NDate, Time and Jurisdiction in which the frauds occurred
  • NThat time victim was a person that owned the property/money/service involved
  • NThat the accused deprived the victim of that property/money by false representations
  • NThat the value of the loss was either under $5000 or over $5000
  • NThat the accused knew that the activity would cause the loss
  • NThat the loss was caused by either by deceit, falsehood or other fraudulent means

A LAWYER DEFENDING FRAUD ALLEGATIONS IN TORONTO

Depending on the circumstances a complex fraud charge can be difficult to prove in court by a Crown Prosecutor. Defences will focus on whether a criminal offence was committed, if there was sufficient evidence to substantiate the identity of the person committing fraud, or simply if the Crown can prove that the fraud was intentional. Sometimes criminal charges are laid by the police when they believe there has been financial or personal gain by the accused person, but the subject matter is best handled not in a criminal court but rather a civil court.

FREQUENT ASKED QUESTIONS REGARDING FRAUD CHARGES

What is Fraud?
Fraud, in the simplest terms, is when a deliberate dishonest act or behaviour results in a financial loss for the victim and a material benefit for the offender. Section 380(1) of the Criminal Code defines what fraud is under Canadian law.
Is fraud a crime of moral turpitude?
Yes. Crimes of moral turpitude are defined as acts or behaviour that gravely violates the sentiment or accepted standard of the community. It usually includes acts or behaviour that are deliberate and have a quality of dishonesty or immorality. Crimes of a sexual nature, drug related, theft, robbery, extortion are all considered crimes of moral turpitude.
Will a fraud conviction stop me from travelling to the United States?
Yes. Frauds are considered crimes of dishonesty that United States classify as a crime of moral turpitude. The United States considers convictions for crimes of moral turpitude and thus a bar to entering the country. See the following article regarding the travel to the United States.
What is insurance fraud?
Insurance fraud is an act that deliberately intends to obtain payment from an insurer fraudulently. Even the slightest exaggeration on a legitimate insurance claim, whether for an auto accident or health care related expense, could constitute insurance fraud. Deliberately set fire to property to collect payment from an insurer is fraud.
What are the sentences for Fraud Over $5000?
The Criminal Code of Canada under section 380 outlines that any person found guilty of fraud over $5000 by indictment can receive a maximum sentence of up to 14-years in jail. There is a minimum sentence of 2-year jail for convictions where the fraud was over $1 million.
What are the sentences for Fraud Under $5000?
The Criminal Code of Canada under section 380 outlines that any person found guilty of fraud under $5000 can receive a sentence of up to two years in jail.
What is restitution?
Restitution is the payment made by an offender to reimburse the losses incurred by their acts. Restitution can be made voluntarily by the accused person as part of the resolution of the charges or by a judge’s order as part of the sentence. Often in early resolution deals restitution is central to avoiding convictions or lengthy sentences.

FRAUD RELATED ARTICLES BY WILLIAM JAKSA