Fraud Offences

Fraud [C.C. s 380]

A person commits fraud when he or she, by deceit, falsehood or other fraudulent means, defrauds the public or any person of any property, money or services.

Fraud cases, especially those involving amounts over $5,000, are typically very complex and involve a heavy reliance on financial documents, forensic accounting, and technical concepts pertaining to liability and intention. For this reason, it is critical to have a lawyer who fully understands the rules of evidence in a courtroom, as well as any defences that apply on the facts on the case. Daniel Freudman’s experience in the field of criminal law, combined with his background education in commerce and accounting, provides him with a unique perspective on these matters, and in turn enables him to formulate clever and sophisticated legal arguments.

Potential penalty upon conviction:

(a) Fraud Over $5,000 i.e. the amount defrauded exceeds $5,000-
        (i) Crown proceeds by indictment: maximum of 14 years jail

(b) Fraud Under $5,000 i.e. the amount defrauded does not exceed $5,000-
        (i) if Crown proceeds by indictment: maximum of 2 years jail
        (ii) if Crown proceeds summarily: maximum of 6 months jail

Uttering Forged Documents [C.C. s 368]

A person commits fraud when he or she, knowing or believing that a document is forged:

(a)uses, deals with or acts on it as if it were genuine;

(b)causes or attempts to cause any person to use, deal with or act on it as if it were genuine;

(c)transfers, sells or offers to sell it or makes it available, to any person, knowing that or being reckless as to whether an offence will be committed under paragraph (a) or (b); or

(d)possesses it with intent to commit an offence under any of paragraphs (a) to (c).

Potential penalty upon conviction:

(i) if Crown proceeds by indictment: maximum of 10 years jail

(ii) if Crown proceeds summarily: maximum of 6 months jail

Breach of Trust [C.C. s 336]

It is an offence for a trustee to convert, with intent to defraud, trust property or any part of it to a use that is not authorized by the trust.

Potential penalty upon conviction:

(i) Crown proceeds by indictment: maximum of 14 years jail

Identity Fraud [C.C. s 403]

It is an offence to fraudulently personate another person, living or dead, with intent to

(a) gain advantage for one's self or another person;

(b) obtain any property or an interest in any property;

(c) cause disadvantage to the person being personated or another person; or

(d) avoid arrest or prosecution or to obstruct, pervert or defeat the course of justice.

Potential penalty upon conviction:

(i) if Crown proceeds by indictment: maximum of 10 years jail

(ii) if Crown proceeds summarily: maximum of 6 months jail

Personating a Peace Officer [C.C. s 130]

It is an offence for a person to

(a) falsely represents him or herself to be a peace officer or a public officer; or

(b) not being a peace officer or public officer, use a badge or article of uniform or equipment in a manner that is likely to cause others to believe that that person is a peace officer or a public officer.

Potential penalty upon conviction:

(i) if Crown proceeds by indictment: maximum of 5 years jail

(ii) if Crown proceeds summarily: maximum of 6 months jail

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