Fraud

What charge is laid in a Fraud allegation depends on the dollar value attributed to the offence. If the value exceeds $5,000.00 then the charge is Fraud Over $5,000.00 otherwise the charge is Fraud Under $5,000.00. .

Fraud allegations typically involve individuals being accused of using instruments such as cheques or credit cards properly owned by others as if they were in fact theirs. There are a number of charges that fall under the category of Fraud, such as fraudulent of a credit card, uttering forged documents, or impersonation.

Fraud trials are often very involved and complex resulting in multiple days trails at times requiring expert witnesses.

Sentencing

The maximum sentence for Fraud offences is 14 years in prison however there is no minimum punishment. It is common for Frauds involving a breach of trust to result in Jail sentences even for relatively small values.

Examples from actual cases

R. v. K - Fraud Over $5,000, and Fraud Under $5,000 x 6

In this high profile matter the client was charged with defrauding members of the public by soliciting donations while claiming to have cancer. The case was broadcast worldwide as a result of the nature of the fraud and the use of Facebook to further the fraud. The initial public outcry in this matter was extreme and widespread. At the bail hearing of the matter I was able to convince the court that the client could be released on her own recognizance without a surety but under the supervision of the John Howard Society.

Following the client's release I has able to provide additional details regarding the client to Crown in order to negotiate an appropriate plea while substantially reducing the number of charges.

CTV Coverage of Press Conference following Initial Guilty Plea

Hamilton Spectator report after plea entered

This matter took 8 months to resolve, however, in the end the court and the Crown agreed that the appropriate sentence for the client and society was one of a Conditional Sentence followed by probation. This sentence was structured specifically to address any underlying issues leading to the criminal behaviour while allowing the client to serve the sentence in the community rather than being incarcerated. During the length of this matter I was able to gather substantial material supporting this type of sentence through community and health care agencies.

CBC news report from sentencing

CP24 news report from sentencing

Toronto Star article on sentencing

RETURN TO CRIMINAL OFFENCES

 

  DISCLAIMER: The information on this site is not intended as legal advice. If you have a legal problem, you should seek legal advice from a lawyer.

 

Copyright 2009 Brendan Neil

Providing Criminal representation in south central Ontario including; Oakville, Burlington, Milton, Brampton, Mississauga, Hamilton, Toronto, Guelph, Kitchener, Waterloo, Cambridge, and surrounding areas for all Criminal Code and Controlled Drugs and Substances Act Offences

Brendan Neil, Criminal Trial Lawyer, Fraud

murder manslaughter assault firearms possession theft kidnapping forcible confinement breach dangerous driving impaired sexual assault interference fraud homicide bail hearing trial jury judge weapon aggressive aggravated experienced best defense sentence attorney mischief not guilty acquittal charter rights youth young offender juvenile self defence forgery arson prohibited weapon motor vehicle refuse