Fraud

What is Fraud and how can it affect you?

If you have been accused of fraud, it is important you know what it is and possible impact on your life.

According to section 380 of the Canadian Criminal Code, you are guilty of fraud if “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.”

You should fight fraud through a lawyer because the penalties are quite hefty. If you are found guilty of an indictable offence, Section 380. (1) (a) states you are, “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.”

Section 380 (1) (a) (b) (i) and (ii) state that you if you are found guilty of an indictable offence, you are liable to imprisonment for a term not exceeding two years or punishment on summary conviction, “Where the value of the subject-matter of the offence does not exceed five thousand dollars.”

According to the act, examples of fraud include:

• Disposal of property to defraud creditors

• Ponzi schemes

• Fraud in relation to valuable minerals

• Breach of trusts

• Non-disclosure of material facts

• Unauthorized diversion of funds or property

• Breach of contractual obligations

• The use of company assets for personal purposes

• Insider trading

• Fraudulent disposal of goods on which money advanced

• Broker reducing stock by selling for his own account

Our defence

Most employers have policies that bar them from continuing to employ or hiring someone who has a fraud conviction. This, coupled with the complexity of fraud cases and the hefty penalties, calls for hiring a criminal lawyer Toronto in a fraud case. At Costa Law Firm, we are a Top Choice Award-winning law firm that has vast experience in fraud cases. Hiring us has several benefits.

Fraud cases in Superior Court of Justice and the Ontario Court of Justice usually drag on for months and even years. Hiring us allows you to concentrate on your job and family.

The law requires that the Crown prosecutor proves your identity as the accused. If there is no photographic or video evidence, we will raise reasonable doubt that you are the right accused.

The law requires, “That the complainant owned something of value (property, money, valuable security, or a service)”. Depending on the accusation, we will argue that he/she did not. Where probably, your criminal defence lawyer Toronto will also argue that the value of the item in question was under $5,000, which means more lenient penalties.

The Crown prosecutor has to prove, “That the accused deprived the complainant of something of value or was put at risk of losing something of value.” We will argue that there was no real risk of loss of something valuable.

Where documents are involved, we will argue that they were not made “In the ordinary course of business” pursuant to the Canada Evidence Act. We will also argue the date and time of the documents, the jurisdiction where they were signed, and the identity of the person who signed them.

Call us today on 416-535-6329 for answers to any questions you may have on Fraud.

Evelyn Burnette
Evelyn Burnette
06:08 12 Mar 18
We have a family business and one day we found ourselves in a legal situation in which we felt completely overwhelmed and helpless. We quickly realized there’s a whole different world out there that we know nothing about. Reached out to David and he quickly wrapped himself around our case. We know he was working around the clock. In a matter of days, we had a solid argument. He is sharp, candid and a true professional. Not sure how an attorney can help a client ANY better. Absolutely no hesitation recommending him.
Julia Austerlitz
Julia Austerlitz
00:15 10 Mar 18
When I was looking for a divorce lawyer, the most important thing to me was finding someone who would be easy to communicate with. I was anticipating a nasty custody battle and the last thing I wanted was a lawyer who was hard to get a hold of or who didn’t make me feel like my case was a priority. David Costa and Robin Mann were exactly what I was looking for. They responded quickly to all of my emails, took all of my concerns very seriously and above all, is very knowledgeable about family law. This was such a difficult phase of my life and they helped me to get through to the end of it with the best possible outcome. I highly recommend this law firm.
Ben Valencia
Ben Valencia
12:47 09 Mar 18
Mr. Costa and his wonderful assistant couldn't have been anymore professional. It's unfortunate I had to meet them under these circumstances but I wouldn't have chosen anyone different to represent me if I could. They’ve always kept me up to date on things I needed to get done and both were available when I had questions. They are first class in my book.
Daniel Hardison
Daniel Hardison
06:56 09 Mar 18
Have utilized David's services several times over the last five years. He always is quick to respond (even when he was on vacation), knows the real estate business inside out. His expertise always gives me the confidence the deal is done right.
Kate Miller
Kate Miller
20:08 13 Dec 17
Costa Law were a tremendous help in solving my legal issues. David and his team were professional, efficient, thorough and compassionate. Everyone involved capably assisted me in understanding the issues and the possible outcomes. I could not be happier with the results and would encourage anyone needing legal help to contact them. Best law group in the town. Thanks to everyone at Costa Law!!!
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