Fraud

The Criminal Code states that Fraud is committed when a person “by deceit, falsehood or other fraudulent means…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 provide any further guidance or definition of Fraud. However, there have been a number of precedent setting cases over the years that have defined what Fraud means in a wide variety of circumstances. Fraud charges are frequently laid in relation to employer theft, unauthorized use of credit cards, and cases involving submission of falsified documents such as work invoices or financial statements.

In some cases, Fraud may occur where the accused was in a position of responsibility or trust in relation to the victim. This is considered a Breach of Trust, and is treated as an aggravating feature of Fraud. Breach of Trust situations commonly involve employees, bookkeepers, store managers, accountants and other situations where there is a preexisting relationship between the accused and the victim.
Depending of the extent of the Fraud, the penalties that may be imposed upon conviction are serious. However, depending on the circumstances of the offence, we can work towards having the charges withdrawn or non-custodial penalties, such as diversion or probation. Even where the Crown has a particularly strong case, we will ensure that you receive the lowest possible sentence if convicted.

Fraud is a complicated area of criminal law. Extensive financial experience and a depth of knowledge of this area of the law are required in order to ensure that you raise the best defence against Fraud charges. If you are charged with Fraud, don’t waste any more time. Contact us today.