Breach of Trust

A breach of trust occurs when someone in a position of authority or power exploits that position to commit fraud. Examples include using a client’s financial information or taking advantage of a vulnerable family member. This is considered an aggravating factor in fraud cases and can result in more severe penalties, including significant jail time if convicted.

Breach of trust is a component of a fraud offence that makes the type of fraud more serious. Breaches of trust occur in fraud scenarios when an individual uses their particular position of power and authority to take advantage of another person. Some examples of breaches of trust in the context of fraud are:

An employee or employer using a client’s personal financial information to commit fraud and obtain funds from an account; or
A family member taking advantage of another family member’s age, physical, or mental limitations to gain access to their funds without proper consent.
A professional using his or her power and authority to deceive others into providing funds under false pretences.

A breach of trust is seen as an exceptionally aggravating factor in sentencing and can result in a significant jail penalty if convicted.