Fraud & White Collar Lawyer In Toronto
There are numerous Fraud related offences, including Fraud, Uttering Forged Documents, Breach of Trust crimes, and Impersonation. These, and others, can all be found in the Criminal Code of Canada: http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html. What follows is a brief summary of the law. While it is not, and should not be relied upon as legal advice, it may assist you with some of the questions you might have. As always, consult a criminal lawyer should you need criminal advice.
Offences
Fraud
380(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; or
(b) is guilty
- Of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
- Of an offence punishable on summary conviction,
where the value of the subject-matter of the offence does not exceed five thousand dollars
To find someone guilty of Fraud, the Crown must prove that: (a) the defendant deprived the complainant of something of value, including any property, money, valuable security or service, (b) the defendant’s deceit, falsehood or other fraudulent means caused the deprivation, and (c) the defendant intended to defraud the complainant.
False Pretenses
362(1) Every one commits an offence who
(a) By a false pretence, whether directly or through the medium of a contract obtained by a false pretence, obtains anything in respect of which the offence of theft may be committed or causes it to be delivered to another person;
(b) Obtains credit by a false pretence or by fraud
(c) Knowingly makes or causes to be made, directly or indirectly, a false statement in writing with intent that it should be relied on, with respect to the financial condition or means or ability to pay of himself or herself or any person or organization that he or she is interested in or that he or she acts for, for the purpose of procuring, in any form whatever, whether for his or her benefit or the benefit of that person or organization,
- The delivery of personal property,
- The payment of money
- The making of a loan
- The grant or extension of credit,
- The discount of an account receivable, or
- The making, accepting, discounting or endorsing of a bill of exchange, cheque, draft or promissory note; or
Forgery
366(1) Every one commits forgery who makes a false document, knowing it to be false, with intent
(a) That it should in any way be used or acted on as genuine, to the prejudice of any one whether within Canada or not; or
(b) That a person should be induced, by the belief that it is genuine, to do or to refrain from doing anything, whether within Canada or not.
Breach of Trust
To prove someone guilty of Breach of Trust, the Crown must prove that: (a) the defendant was a trustee of something, (b) the defendant converted the thing to an unauthorized use, and (c) the defendant intended to defraud the complainant. A “trustee” is defined as a person who holds property (money) for someone else usually under a legal obligation, to administer that property for the benefit of another. To “convert” means to direct the thing to some use or in some way that is not permitted.
There are numerous ways to defend against Fraud related charges and I have successfully defended people against them many times – please refer to my Recent Successes page. The consequences to receiving a conviction for any fraud related offence are severe and can include a lengthy term of imprisonment.
Again, the foregoing is only a summary. It is not legal advice and should not be relied upon as such. For a free consultation to discuss your case, please call me at 416-658-5855.
