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Fraud Charges Lawyer in Brampton
Being accused of fraud can put your freedom, employment, finances and reputation at risk. These cases often involve large volumes of bank records, messages, contracts and other documents. The prosecution must still prove every essential element of the offence beyond a reasonable doubt.
Vincent Houvardas is a fraud charges lawyer in Brampton with over 20 years of criminal defence experience. He reviews the evidence, explains your options in plain language and builds a defence around the facts of your case. If the police want to question you, you have been arrested, or you have a court date, get legal advice before making decisions that may affect your defence.
What Is Fraud Under Canadian Law?
Section 380 of the Criminal Code applies when a person uses deceit, falsehood or another fraudulent means to deprive someone of property, money, valuable security or a service. The alleged victim does not necessarily have to suffer a completed financial loss. Placing their financial interests at risk can be enough.
In general, the Crown must prove both the prohibited conduct and the required state of mind. This usually means proving:
- a dishonest act involving deceit, falsehood or another fraudulent means;
- deprivation, which may be an actual loss or a risk of loss;
- knowledge of the dishonest act; and
- knowledge that the conduct could cause deprivation.
Fraud is not established simply because a business deal failed, an account is disputed or a statement later proved inaccurate. The evidence must support the criminal elements of fraud. A Brampton fraud lawyer can examine what you knew at the relevant time, what you represented, what the other party relied on and whether the evidence proves dishonest conduct and deprivation.
Fraud Charges We Defend
Fraud allegations can arise from personal transactions, workplaces, businesses and online activity. The form of the allegation changes, but the prosecution must still prove the offence beyond a reasonable doubt.
Fraud Under $5,000
Fraud under $5,000 concerns alleged property, money, security or services valued at no more than $5,000. The Crown may proceed by indictment or summary conviction. If prosecuted by indictment, section 380 provides for a maximum sentence of two years.
A lower dollar amount does not make the charge harmless. A conviction may still bring a criminal record, affect employment and professional opportunities, and lead to probation, restitution, a fine or custody, depending on the circumstances.
Fraud Over $5,000
Fraud over $5,000 is an indictable offence. It carries a maximum sentence of 14 years. The same maximum applies where the subject matter is a testamentary instrument, regardless of its stated value.
These files may involve extensive financial disclosure and allegations covering many transactions or a long period. A fraud offence lawyer in Brampton must be able to organize the records, test the prosecution’s theory and separate suspicious circumstances from proof of criminal intent.
Employee and Workplace Fraud
Workplace allegations may involve expense claims, payroll, inventory, refunds, corporate credit cards, false invoices or the diversion of funds. Internal audit findings can trigger a police investigation, but an employer’s conclusion is not a criminal conviction. The reliability and completeness of the underlying records must be assessed.
Credit Card, Debit Card and Online Fraud
These cases may rely on transaction records, device information, account access, surveillance footage and evidence about who used a card or online account. Access to an account does not by itself answer who completed a transaction or what that person knew.
Your lawyer discusses resolution — diversion, withdrawal, or a plea.
Identity-Related Fraud
An investigation involving another person’s identifying information may result in fraud allegations and separate identity-related charges. The defence must examine possession, use, authorization and the connection between the accused and the alleged transactions.
Insurance, Mortgage and Loan Fraud
These allegations may concern application information, supporting documents, property values, claimed losses or the use of funds. A disagreement, omission or inaccurate document does not automatically prove deliberate dishonesty. Context and intent matter.
Investment and Business Fraud
Business and investment cases can involve representations about revenue, ownership, risk, use of funds or expected returns. They often require careful review of contracts, accounting records, communications and the roles of multiple participants.
Penalties for Fraud in Canada
The possible penalty depends on the value involved, how the Crown proceeds, the accused’s circumstances and the facts proved in court.
Charge
Fraud of $5,000 or less |
Fraud over $5,000 |
Fraud involving a testamentary instrument |
Indictable fraud exceeding $1 million |
Criminal Code classification
Hybrid offence |
Indictable offence |
Indictable offence |
Indictable offence |
Maximum stated in section 380
Two years if prosecuted by indictment; summary-conviction sentencing rules apply if prosecuted summarily |
14 years |
14 years |
Two-year minimum term of imprisonment under section 380(1.1) |
The statutory maximum is not an automatic sentence. Sentencing is individualized. Section 380.1 directs a court to consider factors such as significant planning, complexity or duration; a large number of victims; a significant impact on a victim; abuse of community standing; failure to follow a relevant professional standard; and concealment or destruction of records.
Other consequences may include:
- a criminal record;
- probation or imprisonment;
- a restitution order;
- a fine or victim surcharge where applicable;
- immigration consequences for a person who is not a Canadian citizen;
- employment, licensing or professional-discipline concerns; and
- damage to personal and business relationships.
Do not assume a particular outcome based only on the amount alleged. A fraud case lawyer must consider the evidence, the mode of proceeding, prior record if any, the circumstances of the offence and the available mitigating factors.
Possible Defences to a Fraud Charge
There is no universal defence for fraud cases. The right approach depends on the disclosure and the circumstances. After reviewing the evidence, a lawyer for fraud cases may consider issues such as the following.
The Crown Cannot Prove Dishonesty
A failed promise, bookkeeping error or commercial dispute is not necessarily fraud. The defence may challenge whether the conduct was objectively dishonest in its context.
The Crown Cannot Prove the Required Knowledge
The prosecution must prove the required guilty state of mind. Evidence that an accused made an honest mistake, relied on inaccurate information, misunderstood an arrangement or lacked knowledge of the relevant conduct may be important.
No Proven Deprivation or Risk of Loss
The Crown must prove deprivation, including an actual loss or a risk to the alleged victim’s financial interests. The defence may dispute whether the conduct caused either.
Identity or Participation Is Not Proven
In a case involving shared devices, accounts or workplaces, the records may not reliably establish who performed an act. The Crown must prove the accused’s participation, not merely access or association.
The Evidence Is Unreliable or Incomplete
Financial cases can depend on spreadsheets, summaries, witness assumptions and records gathered from several sources. Missing context, inaccurate calculations, inconsistent witnesses or gaps in the chain of evidence may weaken the allegation.
Charter Rights Were Violated
Police investigations may involve statements, searches, seized devices, account records or production orders. Where evidence was obtained in breach of the Canadian Charter of Rights and Freedoms, the defence may seek an appropriate remedy. Whether exclusion is available depends on the facts and the court’s legal analysis.
These are examples, not conclusions about any particular case. A Brampton fraud offence lawyer can identify the issues that are actually supported by your disclosure.
How a Fraud Case May Proceed in Brampton
The exact path depends on whether you were released, the charge, the Crown’s election and the issues in the case. A file commonly includes:
- Investigation, arrest or summons: Police may seek an interview, execute a search, arrest a suspect or require a court appearance.
- Release or bail: An accused may be released with conditions or held for a bail hearing.
- Disclosure: The Crown provides the evidence it intends to rely on. Fraud disclosure may include statements, financial records, audit material, electronic communications and search materials.
- Case assessment: Defence counsel reviews the evidence, identifies missing disclosure, explains the available options and considers whether pre-trial resolution discussions are appropriate.
- Motions, resolution or trial: Depending on the case, counsel may challenge evidence, negotiate with the Crown or require the prosecution to prove the allegation at trial.
- Sentencing, if there is a guilty plea or conviction: The parties address the applicable sentencing principles, aggravating and mitigating circumstances, and any request for restitution.
Court dates and procedure can be confusing. Your lawyer should explain what each appearance is for, what you need to do and what decisions are approaching.
Why Work With Vincent Houvardas?
Vincent Houvardas is a local criminal lawyer with over 20 years of experience representing people charged with criminal offences. When you retain the firm for a fraud matter, the work begins with the evidence and your account of what happened.
The defence process may include:
- reviewing financial and electronic disclosure in detail;
- identifying gaps, inconsistencies and unsupported assumptions;
- explaining the charge, possible outcomes and next steps clearly;
- communicating with the Crown and attending court;
- bringing appropriate evidentiary or Charter challenges; and
- preparing for resolution discussions or trial based on your instructions.
You should be able to ask questions and understand the strategy in your case. Learn more
Speak With a Brampton Fraud Lawyer
If you are under investigation or charged with fraud, do not wait for the case to become more complicated. A prompt review can help preserve records, prevent avoidable mistakes and clarify what happens next.
Speak with Vincent Houvardas about your situation in a free consultation. Call 905-455-9970, available 24/7, or contact the firm online.
This page provides general legal information, not legal advice. The law and the outcome of a case depend on its specific facts. Contact a lawyer for advice about your situation.
