Fraud Lawyer in Toronto

Serving as Legal Advocates for Clients Facing Serious Fraud Charges

Allegations of theft can lead to serious consequences under Canadian law. However, when the Crown Attorney files fraud charges in relation to an alleged theft, the potential repercussions become even more severe. In addition to having a permanent blemish on your criminal record, you could face years in prison along with a variety of other legal penalties. Having a legal professional on your side may prove invaluable. A fraud lawyer in Toronto can help you understand your rights and how to best move forward.

At AR Law, you’ll work with a dedicated law firm that’s not afraid to fight against fraud allegations in open court. Of course, it may be possible to prevent your situation from ever escalating to that point. Dismissal of all charges or plea agreements that keep your record clean are both very real possibilities. The likelihood of these outcomes will depend on the charges levied against you and the evidence available to the Crown Attorney. Whatever you do, don’t jump right into a plea agreement with prosecutors. Contact AR Law today to discuss all your options and an appropriate legal strategy.

What Is Considered Fraud Under Canadian Law?

Under Canadian law, fraud charges can be brought against a person accused of using fraudulent means to defraud an individual or the public of money, services, property, or “valuable security.” This can include anything from stealing someone’s identity to insider trading. Clearly, the scope of this criminal allegation is immense. If you consider the charge on its surface, however, it’s very similar to accusations of theft. In fact, many people find themselves charged with theft in addition to criminal fraud charges. This could potentially make penalties stiffer — and possibly still secure a conviction even if fraud isn’t proven.

It’s important to note that these criminal allegations essentially fall into two distinct categories related to money or property value. When a person is accused of fraud under $5,000, they’ll often face summary conviction along with minimal penalties — although jail sentences of up to two years are still possible. When the Crown brings charges related to fraud over $5,000, though, they will likely be in the form of an indictment. This can make the potential consequences far more severe. For those facing allegations of corporate fraud or other white-collar crimes, surpassing the $5,000 threshold is not difficult.

Regardless of the specifics of your charges, though, the criminal penalties you’re facing can prove disastrous. That’s why you should reach out to a fraud lawyer in Toronto today.

What Types of Acts Can Result in Fraud Charges?

Whether you’re accused of defrauding a single individual or the entire public, penalties can be largely similar. The key number to remember is the $5,000 threshold. Once you’re accused of surpassing this amount, it doesn’t matter whether one or 1,000 people were affected. You can still face the most serious penalties.
The following are just a few of the acts that can set off an investigation, charges, and an eventual fraud conviction:

• Credit card fraud
• Tax fraud
• Insider trading
• Mortgage fraud
• Insurance fraud
• Ponzi schemes
• Corporate fraud
• Medical fraud
• Counterfeiting
• Inheritance fraud
•  Internet fraud

There are cases where an individual, initially arrested for theft, may find the charges escalated to fraud by the decision of the Crown Attorney. The intricacies and potential severity of these situations cannot be overstated. In light of these complexities, the assistance of a qualified Toronto fraud lawyer can be extraordinarily beneficial in navigating these legal challenges.

What Does the Crown Have to Prove?

Whether you’re accused of credit card fraud against a loved one or white-collar crime against thousands of investors, the fact remains that the Crown must prove your guilt. This is the most basic aspect of our country’s criminal justice system. An inability to do so will likely result in exoneration — or even the dropping of all charges before you ever make it to court. If the prosecutor cannot prove the following elements in your case, there’s a strong chance that you’ll walk away with no criminal record related to fraud:

• Intent. The prosecutor must provide evidence that you intended to deceive others for your own personal gain. Being mistaken about claims or engaging in actions not meant to benefit yourself will not typically qualify as fraud.
• Loss. For a conviction of fraud, it must be proven that actual loss occurred. In essence, there must be victims. Even planning fraudulent activities does not meet the legal definition if no loss occurs — although you may face other charges.

Absent these two elements, a Crown Attorney is not likely to prove their case. However, you should never just assume that there’s not enough evidence against you. Even if there are no bank account records, damning communications, or other obvious proof against you — it doesn’t mean that the prosecutor won’t be able to support a case with other evidence. This is a major reason you should discuss your case with a fraud lawyer in Toronto. They can help you better understand what you’re up against and whether the Crown can meet its own evidentiary standards.

What Are the Penalties for the Fraud Criminal Offence?

If you’re facing fraud charges, the potential penalties vary just as much as the underlying acts that lead to such charges. The important thing to consider in all fraud cases is how the Crown Attorney brings charges forward. If this is done as a summary conviction, you could face up to two years in prison. It’s also possible that you may walk away with just probation or even an absolute or conditional discharge. Keep in mind, though, that penalties can add up if you’re accused of defrauding multiple parties. However, you’re more likely to be charged under indictment in such situations.

If an indictment conviction happens, you could face up to 14 years in prison. In instances where over $1 million was allegedly stolen, there are also minimum required prison sentences. Unfortunately, this is far from where such consequences end. You could also end up facing:

•  Loss of employment
• Housing issues
• Being barred from certain professions
• Immigration issues
• Travel restrictions
• Restrictive bail conditions

As you can see, most of these consequences have little to do with actions by the Crown. This is one of the reasons it’s so important to speak with a fraud lawyer in Toronto. Even if the prosecutor convinces you that you’re getting a great plea deal, the simple fact is that a criminal record follows you everywhere. The consequences of any conviction — even one that doesn’t result in jail time — can negatively affect your life for decades to come. The main takeaway from this is that all fraud charges are serious. As a hybrid offence, you can be charged under indictment even for allegations of less than $5,000 theft.

Even if the Crown Attorney promises a lenient sentence and a stellar plea deal, there’s no way to avoid certain repercussions that accompany a conviction. Let a legal professional review your case and provide counsel on how to move forward. Contact AR Law today for a free consultation.

Can You Be Charged With a Lesser Serious Criminal Offence?

Crown Attorneys may charge you with both theft and fraud. Such a strategy offers multiple benefits for prosecutors. Most importantly, it may be possible to convict a defendant on theft charges even if the evidence doesn’t support fraud allegations. While this tactic often benefits the Crown, it can also be used in your defence. For instance, many fraud cases have clear evidence against the defendant. In such a situation, a conviction may be likely. However, a Toronto fraud lawyer might be able to secure a lesser charge through plea negotiations. Similarly, they could possibly arrange a more beneficial sentence for their client.

Fraud cases can be complex, and prosecutors know that going to court is always a risk. However, never forget that plea negotiations are not the only way a legal professional can help. Even if the evidence against you is strong, it’s possible to have that evidence — and potentially the charges against you — thrown out altogether. This can happen if your rights are violated and in other specific circumstances. The important thing to remember is that Toronto criminal lawyers will be able to help you understand your options. Contact our law firm today to learn more.

Contact a Fraud Lawyer in Toronto Today

If you’re facing allegations related to insurance fraud, white-collar crime, identity fraud, Ponzi schemes, or other fraud charges, it’s unlikely that the Crown will go easy on you. In a best-case scenario, a conviction could still carry a maximum sentence of two years. If aggravating factors exist — such as theft of more than $5,000 — penalties can quickly become more severe.

Fraud offences are notoriously complex, and every criminal charge has its own unique facts. However, we can guarantee that our law firm will dedicate itself to securing the best possible outcome in your case. In some instances, this can mean the full dismissal of all fraud charges. In other situations, it could mean an eventual discharge or a better plea arrangement. It’s important that we look at the facts of your case to decide the best approach. Contact us today by calling 647-503-5251 to schedule a free consultation. Our fraud lawyer in Toronto is ready to assist.