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
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.