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Mississauga Fraud Lawyer
Fraud is regarded as a serious property crime. There are two types of fraud charges: fraud Under $5000 and fraud Over $5000. Fraud is occasioned by a person who defrauds the public or any person, whether known or unknown, of any property, money, valuable security, or service through deception, lies, or other fraudulent means. Our firm represents clients accused of Fraud throughout Mississauga, Toronto, Brampton, Newmarket, and throughout Ontario.
Because of the substantial fines that a person facing a fraud charge could receive, as well as the potential long-term effects on employment, it is critical to seek the services of an experienced criminal lawyer if you are facing a fraud accusation.
If you are convicted of fraud, you may face prison time depending on the circumstances of your case. Certain aggravating factors, including being in a position of trust or a case involving many victims, may result in an increase in your sentence.
In terms of the standard of proof that the crown must reach, you may have defences available to you. With these types of charges, the police frequently launch large-scale investigations. There may be problems with the manner the police obtained information for the investigation, or we may be able to file a challenge on your rights under the Canadian Charter of Rights and Freedoms.
Fraud Defined
Fraud is the deception, falsehood, or other dishonest techniques used to deprive someone of their property, money, or other valuable security or service. Fraud under $5,000 is often distinguishable from fraud above $5,000 in terms of the value of the subject matter involved in the crime.
If you purposefully falsify or conceal the truth in order to deprive someone of money or something of value, you may be charged with fraud. While theft and fraud are comparable, fraud requires the use of false pretenses in order for the loss to occur.
Changing price tags, forgery, tax evasion, identity theft, pyramid schemes, embezzlement, charity fraud, internet fraud, insurance fraud, mortgage fraud, bank fraud, and perjury are all offences under the Criminal Code of Canada.
To obtain a fraud conviction, the Crown Prosecutor must establish the following beyond a reasonable doubt:
- You deprived the accuser of money or a valuable item (or there was a risk of such a loss);
- The deprivation was intentional;
- The deprivation was by caused by false pretense;
- The accuser is the owner of the offending property;
- You knowingly committed the fraudulent act, or you were willfully blind to the possibility of deprivation as a result of the act;
- The monetary worth of the crime (and whether it is over or under $5,000).
The Crown Prosecutor must also establish the following:
- Your identification
- The offence’s date and time
- The offence’s location
Fraud Over $5000
While the elements of fraud under $5,000 and fraud over $5,000 are identical, the penalties for fraud above $5,000 are significantly harsher. In general, the severity of the sentence after conviction is proportional to the value of the subject matter of the offence.
Breach of Trust in Mississauga
Breach of trust fraud is most often in the setting of an employer-employee relationship or another type of trust connection between parties. When the defendant was in a position of responsibility or trust with respect to the victim, it is an aggravating characteristic of fraud. Retail cashiers or supervisors, accountants, and public sector staff are all examples of individuals who may be involved in breach of trust issues.
Sentences of Fraud
The maximum punishment for fraud exceeding $5000.00 is established in section 380(1) of the Criminal Code of Canada. Anyone found guilty of this offence is guilty of an indictable offence punishable by a sentence of up to fourteen years in prison. Anyone found guilty of fraud under $5000 is guilty of an indictable offence punishable by a period of imprisonment of up to two years, or in less serious situations, an infraction punishable on summary conviction.
A Successful Defence
Based in Mississauga, Karapancev Law is committed to providing the top level of skill and discreet representation that our clients seek. When you hire our firm, you can rest assured that all of your information will be kept confidential. We assist clients accused of:
- Breach of trust
- Employer theft
- Tax fraud or tax evasion
- Corporate fraud
- Fraud stemming from bankruptcy procedures
- Credit card fraud
Our firm will provide you with guidance both during pre-trial investigations and in court. We seek outcomes that avoid unjustified penalties and reduce the overall impact of charges on your reputation by delivering a complete defence.
