Cory Wilson is a criminal defence lawyer serving Calgary, Okotoks, Airdrie, Strathmore, Cochrane, Canmore, Didsbury, Medicine Hat, Lethbridge, Grand Prairie and  Turner Valley.

Fraud is a serious offense in Canada, and if you or someone you know is facing charges for fraud, it is essential to hire a reputable defense lawyer. Fraud cases are complex and can have severe consequences, including imprisonment, hefty fines, and a criminal record. It is vital to seek the guidance of an experienced fraud lawyer to protect your rights and defend your case.

Fraud Defined in Canadian Law

Fraud is an umbrella term that includes a wide range of criminal offenses that involve deceit or deception. According to the Canadian Criminal Code, fraud is defined as “a dishonest act or omission that causes harm to another person or organization.” Fraud offenses can occur in different contexts, such as financial, insurance, identity theft, and investment schemes.

Penalties for Fraud in Canada

The penalties for fraud vary depending on the severity of the offense and the value of the property or services involved. In Canada, fraud can be charged as either a summary or an indictable offense. Summary offenses carry less severe penalties and are typically heard in a provincial court. Indictable offenses, on the other hand, are more serious and can result in harsher punishments, including imprisonment.

The maximum penalty for fraud in Canada is fourteen years in prison. However, the sentence depends on various factors, such as the value of the property involved, the offender’s criminal history, and the complexity of the offense. Other penalties may include probation, community service, restitution, and fines.

Types of Fraud in Canada

Fraud can take many forms, and it’s essential to understand the different types to know how to defend your case. The following are some of the common types of fraud in Canada:

1. Financial Fraud

Financial fraud involves the misrepresentation of financial information or the use of deception to gain access to another person’s financial resources. This type of fraud can include embezzlement, Ponzi schemes, investment fraud, and credit card fraud.

2. Insurance Fraud

Insurance fraud occurs when an individual or organization makes false claims to an insurance company for financial gain. This type of fraud can include staged accidents, false claims, and fraudulent insurance policies.

3. Identity Theft

Identity theft is a type of fraud that involves stealing another person’s personal information, such as their social insurance number, date of birth, and credit card information. The offender then uses this information for financial gain, such as opening credit cards or bank accounts in the victim’s name.

4. Internet Fraud

Internet fraud involves the use of the internet to deceive or defraud someone. This type of fraud can include phishing scams, identity theft, and investment fraud.

Defending Against Fraud Charges

If you are facing fraud charges in Canada, it’s crucial to hire a reputable defense lawyer who understands the complexities of fraud cases. A skilled lawyer can help you navigate the legal system, build a strong defense, and protect your rights.

The following are some of the defenses that a lawyer may use to defend against fraud charges:

1. Lack of Intent

One of the most common defenses against fraud charges is lack of intent. The prosecution must prove that the defendant had the intent to commit fraud, which can be challenging to prove in some cases.

2. Mistaken Identity

In some cases, a defendant may be wrongly accused of fraud. A defense lawyer may use mistaken identity as a defense if there is evidence that someone else committed the fraud.

3. Lack of Knowledge

If the defendant did not have knowledge of the fraud, they may be able to use this as a defense. For example, if an individual unknowingly received stolen property, they may be able to use the lack of knowledge as a defense.

4. Duress

If the defendant was forced to commit the fraud under duress, they may be able to use this as a defense. For example, if someone threatened to harm the defendant or their family if they did not commit the fraud, duress could be used as a defense.

5. Entrapment

If the defendant was coerced by law enforcement to commit the fraud, they may be able to use entrapment as a defense. Entrapment occurs when law enforcement creates a situation that causes the defendant to commit a crime that they would not have committed otherwise.

6. Lack of Evidence

If the prosecution does not have enough evidence to prove that the defendant committed the fraud, the defense lawyer may argue that the charges should be dropped due to lack of evidence.

Hiring a Defense Lawyer

If you are facing fraud charges in Canada, it’s essential to hire a defense lawyer as soon as possible. A skilled lawyer can help you understand your rights, build a strong defense, and protect your reputation. When looking for a defense lawyer, consider the following:

1. Experience

Look for a lawyer with experience in fraud cases. An experienced lawyer will be familiar with the legal system and the complexities of fraud cases.

2. Reputation

Look for a lawyer with a good reputation in the legal community. Check online reviews and ask for references from previous clients.

3. Communication

Choose a lawyer who communicates well and is easy to reach. You want a lawyer who will keep you informed about your case and answer any questions you may have.

4. Fees

Discuss the lawyer’s fees upfront and make sure you understand their billing structure. You don’t want any surprises when it comes to legal fees.

Conclusion

Fraud charges in Canada are serious and can result in severe penalties. If you are facing fraud charges, it’s essential to hire a skilled defense lawyer who can help you navigate the legal system, build a strong defense, and protect your rights. Consider the lawyer’s experience, reputation, communication, and fees when choosing a defense lawyer. With the right defense, you can fight the charges and protect your future.

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Cory Wilson is a criminal defence lawyer based in Calgary and serving all of Alberta. If you have been charged with a criminal offence or are a suspect in a criminal investigation, call today for a free, no obligation consultation.