The offence of Fraud over $5000.00 is a serious one. While people generally think of this offence as a white collar non violent offence, it is actually more serious in terms of the punishments than many violent criminal offences in the Canadian Criminal Code. The maximum sentence (punishment) for Fraud Over $5000.00 is codified in the criminal code under section 380 and is 14 (fourteen) years. Amendments to the Criminal Code of Canada over the years have eliminated a house arrest for this offence and real jail time is the norm. Case law over the years has also evolved and has provided guidance on how much jail time is applicable depending on the amount of the Fraud.
For example., for first time offenders where the Fraud approaches $1,000,000.00 the jail time usually can be upwards to 5 (five) years in jail – not an easy punishment at all for someone who has never seen the inside of a jail cell. Age also doesn’t really play a role in lessening the sentence either, contrary to what many people believe. Jail time for the offence of Fraud Over $5000.00 is not meant to be easy – the sentencing principles of general deterrence and denunciation are applied in all cases. The law of sentencing when it comes to “Fraud Over $5000.00” is like a sliding scale, the bigger the fraud the more time you can expect to get. But smaller frauds are no walk in the park either – with sentences ranging from a couple of months to a few years in jail. There are also forfeiture and probation orders that will be ordered in addition to the conviction. As you can see a conviction for Fraud Over $5000.00 will land you in some serious trouble.
If you are facing a Fraud Over charge, give Baratz Law a call at 416-937-3777 or email at avi@baratzlaw.com for a free initial consultation. Mr. Baratz has experience defending accused persons charged with Frauds that have been over a million dollars, and he excels in the complex and challenging nature of these cases.
