Fraud Over $5000 and Related Offences
The Criminal Code of Canada surprisingly does not define Fraud. Instead, it is defined through legal precedence which holds ultimately that “to defraud is to deprive by deceit, to deceive by falsehood to induce a state of mind or to defraud by deceit to induce a course of action”. The Criminal Courts’ have been loath to attempt anything in the nature of an exhaustive definition of “defraud” but one may safely say, that two elements are essential: dishonesty and deprivation. To be found guilty of Fraud, the intentional aspect is needed to be proved by the Crown beyond a reasonable doubt. The accused must have subjective knowledge of the prohibited act and also, subjective knowledge that the prohibited act could have as a consequence: the deprivation of another. Where the conduct and knowledge required by these definitions are established, the accused will be found guilty whether he actually intended the prohibited consequences or was reckless as to whether it would occur. There are numerous types of dishonest activities that can lead to fraud charges such as welfare fraud, corporate fraud, dishonest conduct in business that would cause a deprivation, securities fraud, banking fraud, real estate transaction fraud, mortgage fraud and investor fraud to name a few. Sometimes, fraud can occur when an accused is nearing bankruptcy and deploys his assets to relatives or friends or other clever maneuvers in such a way that creates what is known as a fraudulent conveyance.
The penalties for Fraud depend on whether the amount of the Fraud is over or under $5000.00. The sentence for Fraud Under $5000.00 can be as minimal as a conditional discharge (which is not considered a criminal record) whereas Fraud Over $5000.00 is punishable by up to 14 years in prison. Also, large fines, restitution orders to victims and forfeiture orders are standard orders when one is convicted of Fraud related charges. Contact Baratz Law for a free confidential consultation if you are under investigation or have been charged with Fraud or a fraud related offence.
Avi Baratz represents individuals charged with Fraud throughout Brampton and the Greater Toronto Area. He has a knack for defending these types of cases and enjoys the complex challenges and financial aspects of each case.
Frequently Asked Questions
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
The police require a search warrant in order to search your home, office, car, computer, mobile telephone, smartphone or other dwelling or area where you could expect privacy. Your home is your castle where you have an expectation of privacy and the Courts are serious about enforcing that right. There
You have the right to remain silent. It is a fundamental right under our law and the Canadian Charter of Rights. I always advise my clients to exercise their rights to silence in the face of police questioning, including repeated and creative attempts by the police to get you talking.