Defending Against Fraud
Protecting Your Reputation and Future.
Fraud
Understanding Fraud Charges in Canada
Fraud is a significant criminal offence in Canada, characterized by wrongful deception intended to result in financial or personal gain. The consequences of a fraud conviction can be severe, affecting your freedom, reputation, and future opportunities. At Ryan Patmore Criminal Defence, we understand the complexities of fraud cases and are dedicated to providing expert legal defence tailored to your specific needs.
What Is Fraud?
Fraud is a broad criminal offence that involves using deceit, falsehood, or other dishonest means to deprive someone of property, money, or services. Unlike theft, which involves the unlawful taking of something, fraud requires an element of deception. The goal of fraud is typically to gain something of value unlawfully.
Types of Fraud
Fraud can take many forms, ranging from simple acts of dishonesty to elaborate schemes. Here are some common types:
Fraud Under $5,000: This type of fraud involves smaller-scale deceptive practices where the value of the property, money, or service is less than $5,000. Examples might include altering price tags, making false insurance claims, or misrepresenting the value of goods or services.
Fraud Over $5,000: In cases where the value exceeds $5,000, the fraud is considered more serious. This can include more sophisticated schemes such as Ponzi schemes, embezzlement, or large-scale financial fraud.
Identity Fraud: Using someone else's personal information (such as social insurance numbers or credit card details) to commit fraud is another common form. This can lead to identity theft charges, which carry their own set of penalties.
Corporate Fraud: This involves deceitful practices within a corporate context, such as falsifying financial statements, insider trading, or misusing company funds.
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Fraudulent activity can vary widely in scope and nature. Common forms of fraudulent activity include:
Breach of Trust: This occurs when someone in a position of trust, such as a financial advisor, misuses their position to defraud a client.
Misuse of Corporate Accounts: Using company funds for unauthorized personal expenses or other dishonest purposes.
Non-Disclosure of Material Facts: Failing to disclose essential information during a transaction, leading the other party to make decisions based on incomplete or false information.
Breach of Contractual Obligations: Not fulfilling contractual promises, especially when done with fraudulent intent.
Unauthorized Diversion of Funds: Moving funds or property without authorization, often for personal gain.
Legal Framework and Penalties
Criminal Code of Canada - Section 380
Fraud is addressed under Section 380 of the Criminal Code of Canada. The severity of penalties depends on the value of the fraud and whether the Crown proceeds by summary conviction or indictment.
Fraud Under $5,000: If convicted, the maximum penalty is a term of imprisonment of up to two years if the charge is prosecuted as an indictable offence. For less serious cases, where the offence is prosecuted summarily, the penalty is typically less severe, potentially involving fines or shorter periods of incarceration.
Fraud Over $5,000: This is treated much more severely, with a maximum penalty of up to fourteen years of imprisonment. Given the potential for such lengthy sentences, it is crucial to have a strong defence strategy in place.
Elements of Fraud
To convict someone of fraud, the Crown Prosecutor must prove specific elements beyond a reasonable doubt. These elements include:
Deprivation of Value: The accused must have deprived the victim of something valuable (money, property, or services) or put the victim at risk of such a loss.
Deceit or Falsehood: The loss or risk of loss must have been caused by deceit, falsehood, or another fraudulent means. Deceit involves making a false statement knowingly, or with reckless disregard for its truth, to mislead the victim.
Intent to Defraud: The accused must have intended to defraud the victim or been aware that their actions could result in such deprivation. The intent is a critical element; a lack of intent can be a strong defence.
Defending Against Fraud Charges
What Must The Crown Prove In
A Fraud Case?
Fraud cases are complex and require a strategic approach to defence. At Ryan Patmore Criminal Defence, we explore every possible defence angle to protect our client's rights.
Lack of Intent
A common defence in fraud cases is arguing that the accused lacked the intent to defraud. For example, if a business deal goes wrong due to unforeseen circumstances rather than deliberate deceit, it may not constitute fraud. If the accused was unaware that their actions were fraudulent or if they genuinely believed they were acting within the law, this could serve as a defence.
Unlawful Search and Seizure
In many fraud cases, the evidence against the accused may have been obtained through search warrants or production orders. However, if law enforcement did not follow proper legal procedures in obtaining this evidence, it could be excluded from the trial. Challenging the legality of searches and seizures can significantly weaken the Crown's case.
Complexity of Evidence
Fraud cases often involve extensive documentation, financial records, contracts, and communication trails. A skilled defence lawyer can scrutinize this evidence for inconsistencies, errors, or misinterpretations. By challenging the accuracy and relevance of the evidence, the defence can create reasonable doubt about the accused's guilt.
Alternative Measures Program
For those charged with fraud under $5,000, the Alternative Measures Program (AMP) may offer a way to resolve the case without a criminal record. This program is designed to divert less serious offenders from the traditional court system. If the accused successfully completes the program's conditions—such as restitution, counselling, or community service—the fraud charge may be withdrawn.
The decision to grant access to the AMP is often influenced by the strength of your legal representation. At Ryan Patmore Criminal Defence, we work tirelessly to ensure that eligible clients can take advantage of this opportunity, thereby avoiding a criminal record.
Why Choose Ryan Patmore Criminal Defence?
Fraud charges are not only legally complex but can also carry lifelong consequences. A conviction can affect your employment opportunities, immigration status, and ability to travel. That's why it's crucial to have an experienced and dedicated criminal defence lawyer on your side.
At Ryan Patmore Criminal Defence, we have a proven track record of successfully defending clients against a wide range of fraud charges. Whether you're facing minor allegations or complex, high-stakes fraud cases, we provide personalized and strategic legal representation. Our goal is to achieve the best possible outcome for you, whether that means having the charges dismissed, securing an acquittal, or negotiating a reduced sentence.
Consultation and Legal Strategy
When fraud charges are brought against you, time is of the essence. The first step in your defence is a thorough consultation with our legal team. During this consultation, we will review the details of your case, assess the evidence, and develop a strategy tailored to your situation.
From challenging the evidence to negotiating with prosecutors, Ryan Patmore Criminal Defence is committed to safeguarding your rights and future. Contact us today to discuss your case and explore your legal options.