FRAUD DEFENCE LAWYER

FIGHTING FRAUD CHARGES IN TORONTO

Under Canadian law, for fraud to be committed, it requires that a dishonest act, either by deceit, falsehoods, or other fraudulent means that caused an actual economic loss, must occur. Section 380(1) of the Criminal Code provides:

Everyone who, by deceit, falsehood, or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service, is guilty of an indictable offence.

If you’re facing fraud charges in Toronto, don’t wait to secure your defence. Contact us today for a free consultation and let our experienced legal team fight for your rights. Your future matters—reach out now!

FRAUD CLASSIFICATIONS IN TORONTO

In Canada, fraud charges are classified as either Fraud Under $5000 or Fraud Over $5000. A fraud charge can encompass a wide range of activities or a single subject matter that could appear to be legal. Depending on the circumstances, fraud charges may be very technical and complex offences that can be complicated for the Crown Attorney to prove and a difficult criminal case for defence counsel to defend against. There are instances where innocent people, through personal circumstances or professional associations, have been charged with fraud.

William Jaksa is an experienced criminal defence lawyer that has represented clients on fraud-related charges ranging from simple identity theft to credit card fraud and bank fraud to complex advance fees for loan frauds to large-scale multinational stock investment schemes. William Jaksa has provided legal representation to clients accused of Fraud Over $5000 in several large-scale complex police investigations, including Project Marathon, Project Longtime, and Project Ambassador, to name a few.

FRAUD RELATED OFFENCES

As a lawyer defending fraud charges in Toronto area courts for many years, William Jaksa has represented clients on fraudulent allegations stemming from:

Identity Theft
Charities Fraud
Manipulation of Stock Exchange Transactions, section 382
Investment Frauds
Fraudulent Insurance Claims
Insider Trading, section 382.1
Credit Card Forgery
Fraudulent Medical Expense Claims
Fraudulent Concealment of Title Documents, section 385
Embezzlement
Fraud on the Government, section 121
Fraudulent Registration of Title, section 386
Advance Fee Loans Schemes
Breach of Trust by Public Officer, section 122
Misleading Receipts, section 388
Cross-Border Fraud
Mail Fraud, section 381
Valuable Minerals Fraud, section 394

When you retain William Jaksa as your Toronto fraud lawyer, he will thoroughly review your matter and provide you with realistic legal advice, your options, and defence strategies. He will work closely with you and any experts or private investigators to ensure the best possible outcome for your matter.

PROVING FRAUD CHARGES

When prosecuting these cases, the Crown Attorney will often rely on evidence from search warrants, production orders, business records, and expert analysis. There are strict procedural and evidentiary rules that must be complied with to introduce such evidence. William Jaksa, as your fraud lawyer from Toronto, will be able to explain these rules and ensure that both the police and Crown Attorney are following them.

For the Crown to prove fraud charges, they must prove:

Identity of the accused party
Date, Time, and Jurisdiction in which the frauds occurred
That time victim was a person that owned the property/money/service involved
That the accused deprived the victim of that property/money by false representations
That the value of the loss was either under $5000 or over $5000
That the accused knew that the activity would cause the loss
That the loss was caused by either deceit, falsehood, or other fraudulent means

WHY YOU NEED AN EXPERIENCED FRAUD DEFENCE LAWYER IN TORONTO

Facing fraud charges can be an overwhelming experience that jeopardizes your future. In Toronto, hiring an experienced fraud defence lawyer is crucial for effectively navigating the complexities of the legal system. Engaging a knowledgeable lawyer enables you to mount a strong defence against allegations that could have severe consequences. Here’s how our firm can assist:

COMPREHENSIVE UNDERSTANDING OF FRAUD CHARGES

Fraud encompasses a range of criminal activities, from identity theft to securities fraud. Each type carries distinct legal implications and potential penalties. An experienced fraud defence lawyer in Toronto has a comprehensive understanding of these various forms of fraud and the specific laws that govern them.

STRATEGIC CASE ASSESSMENT

When you engage a fraud defence lawyer, they conduct a meticulous review of your case. This assessment includes gathering evidence, interviewing witnesses, and scrutinizing documentation. By understanding the intricacies of your situation, a seasoned lawyer can develop a tailored defence strategy that addresses the unique aspects of your case. We will anticipate potential challenges and prepare you for every possible scenario, ensuring you feel confident as you move forward.

NAVIGATING LEGAL PROCEDURES

The legal process can be intricate and intimidating, particularly for those unfamiliar with the system. A skilled fraud defence lawyer in Toronto will guide you through each step, explaining your options and the implications of various decisions. We will ensure that all legal procedures are followed accurately, minimizing the risk of procedural errors that could jeopardize your defence. Our familiarity with the court system and local laws enhances your chances of a favourable outcome.

STRONG NEGOTIATION SKILLS

Fraud cases often involve negotiations with prosecutors. An experienced lawyer possesses strong negotiation skills and can advocate on your behalf. We understand how to present your case in a compelling manner, highlighting any mitigating factors that may persuade the prosecution to reduce charges or seek alternative resolutions. Their ability to negotiate effectively can lead to more favourable terms, such as plea deals or lesser charges.

PROTECTING YOUR RIGHTS

Throughout the legal process, it’s essential to protect your rights. A knowledgeable fraud defence lawyer is committed to ensuring that your rights are upheld at every stage. We will fight against any unfair treatment, ensuring that law enforcement agencies and the judicial system adhere to legal standards. Having a dedicated advocate by your side provides peace of mind and reinforces your confidence in the legal process.

BUILDING A SOLID DEFENCE

Your lawyer will work diligently to build a solid defence tailored to the specifics of your case. This may involve challenging the evidence against you, uncovering inconsistencies in the prosecution’s claims, or presenting alternative explanations for your actions. By employing various defence strategies, our lawyer aims to create reasonable doubt in the minds of jurors or judges, enhancing your chances of a successful outcome.

EXPERIENCE WITH COURTROOM DYNAMICS

An experienced fraud defence lawyer understands courtroom dynamics and knows how to navigate them effectively. Our familiarity with judges, prosecutors, and court procedures allows them to anticipate reactions and adapt strategies as needed. This insight can significantly influence the direction of your case and increase your chances of a positive resolution.

A LAWYER DEFENDING FRAUD ALLEGATIONS IN TORONTO

Depending on the circumstances, a complex fraud charge can be difficult to prove in court by a Crown Prosecutor. Defences will focus on whether a criminal offence was committed, if there was sufficient evidence to substantiate the identity of the person committing fraud, or simply if the Crown can prove that the fraud was intentional. Sometimes criminal charges are laid by the police when they believe there has been financial or personal gain by the accused person, but the subject matter is best handled not in a criminal court but rather a civil court.

Call us now to schedule a consultation with our knowledgeable fraud defence lawyer in Toronto. Together, we can build a solid strategy for your case!

FREQUENT ASKED QUESTIONS REGARDING FRAUD CHARGES

WHAT IS FRAUD?

Fraud, in the simplest terms, is when a deliberate dishonest act or behaviour results in a financial loss for the victim and a material benefit for the offender. Section 380(1) of the Criminal Code defines what fraud is under Canadian law.

IS FRAUD A CRIME OF MORAL TURPITUDE?

Yes. Crimes of moral turpitude are defined as acts or behaviour that gravely violate the sentiment or accepted standard of the community. It usually includes acts or behaviour that are deliberate and have a quality of dishonesty or immorality. Crimes of a sexual nature, drug-related, theft, robbery, and extortion are all considered crimes of moral turpitude.

WILL A FRAUD CONVICTION STOP ME FROM TRAVELLING TO THE UNITED STATES?

Yes. Frauds are considered crimes of dishonesty that the United States classified as a crime of moral turpitude. The United States considers convictions for crimes of moral turpitude and thus a bar to entering the country. See the following article regarding the travel to the United States.

WHAT IS INSURANCE FRAUD?

Insurance fraud is an act that deliberately intends to obtain payment from an insurer fraudulently. Even the slightest exaggeration on a legitimate insurance claim, whether for an auto accident or health care-related expense, could constitute insurance fraud. Deliberately setting fire to the property to collect payment from an insurer is fraud.

WHAT ARE THE SENTENCES FOR FRAUD OVER $5000?

The Criminal Code of Canada under section 380 outlines that any person found guilty of fraud over $5000 by indictment can receive a maximum sentence of up to 14 years in jail. There is a minimum sentence of 2-year jail for convictions where the fraud was over $1 million.

WHAT ARE THE SENTENCES FOR FRAUD UNDER $5000?

The Criminal Code of Canada under section 380 outlines that any person found guilty of fraud under $5000 can receive a sentence of up to two years in jail.

WHAT IS RESTITUTION?

Restitution is the payment made by an offender to reimburse the losses incurred by their acts. Restitution can be made voluntarily by the accused person as part of the resolution of the charges or by a judge’s order as part of the sentence. Often in early resolution deals, restitution is central to avoiding convictions or lengthy sentences.