Fraud is a Criminal Code offence where someone is accused of using deceit, lies or other dishonest means to take, or put at risk, another person’s money, property or services. The charge is split at $5,000. Fraud over $5,000 carries up to 14 years in prison. Fraud over $1 million prosecuted by indictment carries a mandatory minimum of 2 years.
Fraud under $5,000 is far less serious. In Calgary, many first-time accused individuals resolve the matter through Alberta’s Alternative Measures Program, where the charge is withdrawn, and no criminal record follows.
Your chance of a favourable outcome improves with the help of an experienced fraud defence lawyer. Cory Wilson’s strategies have changed the landscape of fraud defence in Alberta and beyond. His cases have been used as precedents across the country.
KEY TAKEAWAYS
- Police build fraud over $5,000 cases with production orders and search warrants for your bank records. A mistake in getting those orders can get the evidence thrown out and end the case.
- The Crown’s usual starting point on fraud over $5,000 in Calgary is a guilty plea with jail time. The higher the dollar value, the longer the jail time they ask for.
- Fraud is a non-violent offence, so most people held for a bail hearing at the Arrest Processing Section are released within 24 hours.
- A failed investment or a business deal that went badly is not fraud on its own. The Crown has to prove dishonesty, not just loss.
- A conviction can lead to a court order banning you from any job or volunteer role that involves handling other people’s money.
ABOUT CALGARY CRIMINAL DEFENCE LAWYER CORY WILSON
Cory Wilson has spent more than 16 years defending people charged with fraud in Calgary and has appeared at every level of court in Alberta.
His record includes serving as defence counsel in the largest fraud investigation and trial in Canadian history. The alleged fraud was valued at well over $1 billion, covered conduct in Canada, the United States and South America, and went to a six-month jury trial. Cory reviewed multiple forensic accounting reports and hundreds of thousands of financial transactions before trial. That is the scale of disclosure he is prepared to handle.
Fraud cases come down to paper, and the Crown’s case is only as strong as the warrants, production orders and records behind it. Cory reviews every step the police took to obtain that evidence and puts the problems before the Crown while the charge can still be withdrawn.
Fraud allegations arise in a few ways: from an employer who says money went missing, from an investor unhappy with a failed deal, from a bank or credit card company, or from a business partner after a falling-out. Each one leaves a trail of bank records, emails, and contracts, and each one is a place where the Crown’s case can break down. Cory has represented clients from small, first-time frauds under $5,000 to multi-country investment cases. He has found the gaps in each and put them before the Crown, a judge, or a jury.
Cory earned his J.D. from the University of Calgary Faculty of Law, articled at Bennett Jones LLP, and trained under Willie deWit Q.C., now a judge of the Alberta Court of Appeal, and the late Hersh Wolch Q.C.
He is a member of the Law Society of Alberta, the Canadian Bar Association, and the Legal Education Society of Alberta. He holds a 4.9 rating across more than 130 Google reviews, is rated among Calgary’s top criminal defence lawyers by Three Best Rated and Calgary’s Best Rated, and has had his cases featured in the Calgary Herald.
If you have been charged with fraud or police have asked you to come in for a statement, speak to a lawyer before you say anything. Call 403-978-6052, 24 hours a day, for a free consultation.
“I often see clients who are charged with fraud in Calgary believe that they either have no defence or that they’re going to spend significant time in jail. More often than not, I can get the matter resolved either by having the charges withdrawn or with no jail time.”
Cory Wilson, Criminal Defence Lawyer
WHAT IS FRAUD UNDER THE CRIMINAL CODE?
Fraud in the Criminal Code covers anyone who, by deceit, falsehood or other fraudulent means, takes or puts at risk the property, money, valuable security or services of the public or any person
“Other fraudulent means” covers a wide range of possible types of activity, including:
- Breach of trust
- Misuse of corporate accounts
- Non-disclosure of material acts
- Breach of contractual obligations
- Unauthorized diversion of funds or property
To convict you, the Crown must prove two things:
- A dishonest act. This can be a lie, a hidden fact, or the use of money you had no right to use.
- A loss or risk of loss. Putting the complainant’s money at risk can be enough.
The Crown must also prove you knew the act was dishonest. Honest mistakes are not crimes.
WHAT ARE THE PENALTIES FOR FRAUD IN CANADA?
The penalty depends on the value of what was allegedly taken.
|
CHARGE |
MAXIMUM PENALTY |
|---|---|
| Fraud under $5,000 (s. 380(1)(b)) | 2 years for more serious (indictable) cases, or summary conviction penalties for less serious cases |
| Fraud over $5,000 (s. 380(1)(a)) | 14 years (indictable only) |
| Fraud over $1 million (s. 380(1.1)) | 14 years, with a mandatory minimum of 2 years when prosecuted by indictment |
A mandatory minimum also rules out a conditional sentence served in the community.
“Crown prosecutors in Calgary take fraud over $5,000 charges very seriously. More often than not, their starting point for resolution is a guilty plea with a jail sentence. The higher the value of the alleged fraud, the lengthier the period of jail they are seeking.”
Cory Wilson, Criminal Defence Lawyer
At sentencing, the judge must treat these as aggravating factors:
- The fraud was large, complex, long-running or carefully planned.
- There were many victims, or the victims were hit hard because of their age, health, or finances.
- The accused used their standing in the community to commit the fraud.
- The accused broke a licensing rule or professional standard.
- The accused hid or destroyed records.
Your job or reputation will not count in your favour if you used it to commit the fraud. The court can also order you to repay the loss. It can also ban you from any paid or volunteer role that gives you authority over other people’s money or property.
HOW DOES A CONVICTION AFFECT YOUR LIFE LONG TERM?
Beyond the sentence, a fraud conviction can lead to:
- Job loss. Employers screen for dishonesty offences.
- Lost professional licences. A conviction can make it impossible to get or keep a license.
- Immigration problems. A conviction can affect people who are not Canadian citizens.
- Travel limits. Countries, including the United States, can refuse entry.
These consequences last long after the case ends. That is why avoiding a conviction is the first goal in every fraud case Cory takes on.
WHAT HAPPENS AFTER A FRAUD CHARGE IN CALGARY?
After a fraud charge, one of two things happens:
- You are released with paperwork. It lists your first court date and a date for fingerprinting and photos at the Calgary Police Service Westwinds Campus, 5111 47 Street NE.
- You are held for a bail hearing. In more serious fraud over $5,000 cases, police take you to the Arrest Processing Section at the Spyhill Services Centre in northwest Calgary. Your bail hearing must happen within 24 hours.
“Given that it is a non-violent offence, more often than not, I can have the client released by consent within 24 hours.”
Cory Wilson, Criminal Defence Lawyer
Once you hire Cory, the case moves through these stages:
- Charge review. Cory checks the charging documents for errors by the police.
- Disclosure. His office orders all the evidence from the Crown. This takes weeks, or months for larger frauds.
- Early court dates. Cory appears for you at the Calgary Courts Centre at 601 5 Street SW, so you do not have to attend.
- Negotiation. Cory reviews the evidence with you, then takes the case’s weaknesses and your personal situation to the Crown.
- Resolution or trial. You attend court with Cory to resolve the case or for trial.
Fraud cases in Calgary can take well over a year. Cory keeps you updated at every step.
WHAT SHOULD YOU DO RIGHT AFTER BEING CHARGED WITH FRAUD?
Cory recommends these immediate steps:
- Do not give police a statement. Say you want to speak to a lawyer first.
- Do not contact the complainant. Even an apology can break your release conditions.
- Talk to a lawyer before offering to pay money back. How and when you offer it matters.
- Keep every record. Save bank statements, contracts, emails, and texts. Deleting anything can look like hiding evidence.
- Stay off social media. Prosecutors can use your posts as evidence.
These steps protect your options before the Crown makes its first offer.
CAN A FRAUD UNDER $5,000 CHARGE BE WITHDRAWN?
Yes. Many first-time fraud under $5,000 charges in Calgary are resolved through Alberta’s Alternative Measures Program. The Crown withdraws the charge once you complete the program, and you end up with no criminal record.
The program usually includes one or more of the following:
- Paying back the money (restitution)
- Community service
- A donation to a registered charity
- A letter of apology
To qualify, the Criminal Code requires that you:
- Accept responsibility for what happened.
- Agree to take part freely, after being told of your right to a lawyer.
- Face a charge the Crown has enough evidence to prosecute.
The program is not available if you deny involvement in the crime or want the court to decide your case. Alberta’s guideline also excludes offences with a mandatory minimum or a serious financial impact on the victim. Cory will tell you whether your case qualifies and whether it is the right choice for you.
HOW DOES CORY WILSON DEFEND FRAUD CHARGES?
Cory builds every fraud defence around the facts of your case, including:
- Attacking the police investigation. He reviews every step the police took, including how they obtained warrants and production orders for your bank records and your home.
- Raising Charter violations. The Charter protects you from unreasonable search and seizure. If police broke that right, Cory asks the court to exclude the evidence.
- Testing the complainant’s story. He checks whether it holds up, or whether they are upset about a failed investment.
- Challenging intent. The Crown must prove you acted dishonestly.
Other defences may question the value of the property concerned or the identity of the person accused.
Police get bank records through a general production order, a production order for financial data, or a search warrant. A judge or justice signs these without hearing from you, based on what police swore to. Errors in those sworn documents are what win fraud cases.
“In fraud over $5,000 cases, I often see prosecution cases fall apart when police make errors when obtaining search warrants or production orders. If I do find errors, the prosecution case often collapses when I make a Charter argument to have all of the evidence excluded at trial. Without the evidence, there can be no prosecution.”
Cory Wilson, Criminal Defence Lawyer
The choice to resolve or go to trial is yours. A resolution with no criminal record is worth strongly considering. If the Crown’s case is weak and no fair offer comes, Cory may advise you to go to trial.
SUCCESSFUL RESULT: ALL 12 FRAUD AND THEFT CHARGES WITHDRAWN
Cory’s client was charged with three counts of fraud and nine counts of theft. An undercover police officer bought items from her Kijiji listings that police said were stolen.
The officer said he saw more suspected stolen goods at her home, and police arrested her shortly after. Cory reviewed the disclosure and found the Crown could not prove several of the charges.
After lengthy negotiations, the Crown agreed to divert the case to Alternative Measures. She completed community service, and all 12 charges were withdrawn.
A careful review of the evidence makes that difference. If the Crown will not offer a fair outcome, Cory prepares your case for trial.
Check recent theft and fraud cases that Cory Wilson has successfully defended.
TESTIMONIALS
Here’s what clients have said about Cory.
Helped get my family through a tough year
“Cory was incredibly professional and efficient; he is as close as you can come to the real-life Harvey Specter. He prepared his arguments and information tactically and delivered them fluently. He all together helped get my family through a tough year, would highly recommend him to others.”
— W.U.
A great lawyer
“Cory Wilson is a great lawyer, he was very helpful throughout the entire legal processes in which I was dealing with and I highly recommend him for any legal advice. He communicated efficiently and was very professional during his interaction. Overall, very hard-working and personable.”
— A.G.
Five-star service
“Thank you, Cory, for all of your excellence and hard work. Our family truly appreciates everything you have done to resolve our legal matter. This has been a life-changing event, and it would have been different if I didn’t find your firm. Cory is definitely in a category of five-star service.”
— R.S.
Read more client reviews. Remember that past results do not guarantee future outcomes.
RELATED OFFENCES
Fraud charges are often laid alongside other charges, including:
- Theft. Taking property without the owner’s consent, also split at $5,000.
- Possession of property obtained by crime. Having money or property you know came from a crime.
- Identity fraud. Pretending to be someone else to gain an advantage or cause a loss.
- Using a forged document. Using or possessing a false document, such as a cheque or contract, knowing it is forged.
- Laundering proceeds of crime. Moving or hiding money to conceal that it came from a crime.
Each has its own penalties and defences. Cory reviews every count laid against you.
FAQS
CAN THE COMPLAINANT DROP A FRAUD CHARGE?
No. Only the Crown Prosecutor can withdraw a fraud charge. A complainant who no longer wants to proceed can affect how strong the Crown’s case is, but the decision belongs to the Crown.
IF I PAY THE MONEY BACK, WILL THE CHARGE BE WITHDRAWN?
Not automatically. Paying back the loss can help your case and is often part of alternative measures. But it can also be treated as an admission. Speak to a lawyer before you offer any repayment.
CAN POLICE GET MY BANK RECORDS WITHOUT TELLING ME?
Yes. Police can apply to a judge or justice for a production order without notifying you. You usually learn about it in disclosure. Cory then checks whether police had proper grounds to get it.
CAN I TRAVEL WHILE MY FRAUD CHARGE IS ONGOING?
It depends on your release conditions. Some conditions require you to stay in Alberta or hand in your passport. Breaking a condition is a new criminal charge. Check with Cory before you book any travel.
CONTACT US FOR A FREE, NO-OBLIGATION CONSULTATION
Every person charged with a criminal offence deserves skilled representation, regardless of their economic background. Wilson Criminal Defence offers flexible payment plans.
During your free consultation, we will discuss the charge, possible outcomes, defences and legal fees. We will also explain each step in advance, so you know what to expect. Call 403-978-6052, 24 hours a day, or contact us online.
LEGAL REFERENCES
- Fraud, Criminal Code, RSC 1985, c C-46, s 380
- Sentencing, aggravating circumstances for fraud, Criminal Code, RSC 1985, c C-46, s 380.1
- Prohibition order, Criminal Code, RSC 1985, c C-46, s 380.2
- Alternative measures, conditions for use, Criminal Code, RSC 1985, c C-46, s 715.49
- Alternative measures, restrictions on use, Criminal Code, RSC 1985, c C-46, s 715.5
- Restitution, Criminal Code, RSC 1985, c C-46, s 738
- Conditional sentence of imprisonment, Criminal Code, RSC 1985, c C-46, s 742.1
- Information for search warrant, Criminal Code, RSC 1985, c C-46, s 487
- General production order, Criminal Code, RSC 1985, c C-46, s 487.014
- Production order, financial data, Criminal Code, RSC 1985, c C-46, s 487.018
- Search or seizure, Canadian Charter of Rights and Freedoms, s 8
- Exclusion of evidence, Canadian Charter of Rights and Freedoms, s 24(2)
- Punishment for theft, Criminal Code, RSC 1985, c C-46, s 334
- Possession of property obtained by crime, Criminal Code, RSC 1985, c C-46, s 355
- Identity fraud, Criminal Code, RSC 1985, c C-46, s 403
- Use, trafficking or possession of forged document, Criminal Code, RSC 1985, c C-46, s 368
- Laundering proceeds of crime, Criminal Code, RSC 1985, c C-46, s 462.31
- Crown Prosecution Service Guideline: Alternative Measures Program, Alberta Justice
