Professional Regulation

There are many different types of fraud, including:

• Tax fraud
• Mortgage Fraud
• Charity Fraud
• Internet Fraud
• Breach of Trust
• Employment Fraud
• Medical Health Practitioner Fraud
• Loan Fraud
• Real Estate Fraud
• Credit Card Fraud
• Email and Inheritance Fraud
• Insurance Fraud
• Medical Insurance Fraud

Stories of corporate fraud, Ponzi schemes, and white-collar crime are frequently in the headlines, and commonly the subject of blockbuster films, but what does it actually mean to commit fraud? According to the Criminal Code, Fraud is committed when a person 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. The Criminal Code does not define fraud any further than this.

Fraud offences have become increasingly common as banking and commerce continue to expand online. Fraud charges are therefore taken very seriously by the police and prosecution and can lead to serious consequences. Fraud charges may involve lengthy, stressful, and time consuming court proceedings in the Ontario Court of Justice and Superior Court of Justice. Your employment may also be in jeopardy as many employers have policies against hiring or continuing to employ someone with a Fraud conviction. It is imperative that professional legal counsel be sought at the outset to deal with these charges. Even individuals who are not the architects of fraudulent schemes can be charged and prosecuted. Anyone who is seen by the police or the Crown Attorney to assist a fraud scheme in any way can be charged and convicted as a party to the offence.

These cases can be extremely complex and can include voluminous disclosure from the Crown. Many cases involve issues such as breaches of trust and can be in such contexts as employment, families, mortgages, tax, etc. Convictions for larger fraud cases can result in significant jail sentences or highly restrictive conditional sentences. They require a criminal defence lawyer with experience, persistence and determination.

Fraud is a serious criminal offence with potentially severe penalties. A conviction for Fraud typically results in restitution, fines, and jail time. However it is possible to avoid jail time through probation, diversion or withdrawal of charges, depending on the gravity of the case and the circumstances of the offender.

You could face up to 14 years of imprisonment for a conviction of Fraud Over. A minimum sentence of 2 years imprisonment is imposed if the total amount of fraud exceeds 1 million dollars.

Paying a victim back can sometimes result in a more favourable outcome for your case. However, you should always consult a lawyer before doing this.

As technology develops, online scams have become increasingly sophisticated over the years. Scammers often target sensitive personal and financial information to exploit their victims. Common details they seek include bank account numbers, credit card information, Social Insurance Numbers, passwords, and even answers to security questions. It’s important to stay vigilant and avoid sharing any private information with unknown or unverified sources online.

If convicted of fraud under $5000 in Canada, you could face a maximum penalty of up to 2 years imprisonment if prosecuted as an indictable offence. If the offence is prosecuted summarily, penalties may include shorter jail terms, fines, or probation, depending on the circumstances. Additional consequences could include a criminal record, which may affect employment opportunities and travel. The severity of the penalty often depends on factors such as the nature of the fraud, the amount involved, and whether the accused has a prior criminal record. Consulting with legal counsel is essential to understand your rights and build a defense.