Your Fraud Lawyer Serving Brampton

In Ontario, yes. Even though the individual that is a victim in your case didn't lose money as a result of your actions; fraud charges are able to go forward. The crown can demonstrate fraudulent activity has occurred through deceitful practices, deceptive representations or by demonstrating dishonest behavior which placed someone else's finances at risk.

In most fraud investigations a great deal of documentary and electronic evidence is reviewed. Bank records, e-transfer receipts, emails, text messages, contracts, invoices, video surveillance recordings, accounting records, cell phone data and witness testimony are all common forms of evidence that police and prosecutors use to build their case. In some frauds involving more than one party (such as those involving multiple businesses) investigators will look at business-to-business transactions; investigate and report on cryptocurrency activities; and/or review forensic accounting reports.

Fraud under $5000 is generally viewed as less severe than fraud over $5000. The distinction for fraud cases is based primarily upon the value of the fraudulent activity. While both types of fraud are punishable by a criminal conviction and possible penalties (such as fines), frauds that exceed $5000 are more severe in terms of investigation length, severity of bail restrictions, potential restitution to victims, and potential prison time.

Fraud charges can result when there are misinterpretations of what the parties intended to do with their agreement or if poor business practices were used. Misunderstandings about an agreement that resulted in a failed deal, a contract dispute or accounting error could also be the reason for fraud allegations. However, the Crown has to establish that it was done intentionally beyond a reasonable doubt. As such, a criminal defence lawyer would likely consider this matter (the intent behind the conduct) to determine if this is actually a criminal act or simply a civil/commercial matter.

Yes. As a crime of dishonesty, fraud is subject to severe sanctions both in terms of a potential criminal record and in terms of how that record will reflect on an individual's future. In addition to potentially affecting one's eligibility for certain jobs within the financial services industry (e.g., banking), fraud convictions could also negatively impact immigration applications, an applicant's eligibility for security clearance, international travel (particularly travel to the U.S.) and their ability to maintain licensure for their profession.