What Is Fraud Under Ontario Law?
Fraud is defined under Section 380 of the Criminal Code of Canada as intentionally deceiving another party to obtain financial or personal gain, or to cause a loss to someone else. Fraud offenses can range from minor financial misrepresentations to large-scale corporate fraud.
Common Fraud Offenses
- Credit Card Fraud: Using stolen or unauthorized credit card information to make purchases.
- Bank Fraud: Deceiving financial institutions through forged checks, loan fraud, or identity theft.
- Insurance Fraud: Submitting false claims or exaggerating damages to receive payouts.
- Corporate and Investment Fraud: Engaging in Ponzi schemes, embezzlement, or stock market manipulation.
- Identity Fraud: Using another person’s identity for fraudulent purposes, such as opening bank accounts or securing loans.
- Mortgage Fraud: Falsifying income, employment, or financial information to obtain a mortgage.
- Telemarketing and Online Fraud: Scamming individuals through phone calls, emails, or fake websites.
Your Rights When Facing Fraud Charges
If you are charged with fraud, you have important legal rights, including:
- Presumption of Innocence: You are innocent until proven guilty beyond a reasonable doubt.
- Right to Legal Representation: You have the right to consult with a lawyer before making any statements.
- Right to Remain Silent: You are not required to answer police questions beyond providing basic identification.
- Right to a Fair Trial: You can challenge the charges, present evidence, and cross-examine witnesses.
Why Choose Kozyrev Law P.C. for Fraud Cases?
Extensive Experience in Fraud Defense
Our legal team has successfully defended clients facing complex fraud-related charges in Toronto. We understand how to challenge financial evidence and protect our clients from wrongful convictions.
Personalized Defense Strategies
We develop customized defense strategies based on factors such as:
- The intent behind the alleged fraudulent activity.
- The reliability of financial records and digital evidence.
- Whether there was a misunderstanding or accounting error.
- Violations of your rights during the investigation or arrest.
Thorough Investigations
We conduct a detailed review of your case, including:
- Examining financial records, transactions, and contracts.
- Reviewing emails, communications, and digital forensic evidence.
- Investigating witness statements and allegations.
Aggressive Court Representation
Whether negotiating with prosecutors or representing you in court, we fight aggressively to protect your rights and seek the best possible outcome for your case.
Steps in Handling a Fraud Case
Step 1: Free Consultation
During your free consultation, we will:
- Review the charges against you.
- Assess potential defense strategies.
- Provide a clear roadmap for your case.
Step 2: Evidence Gathering
Our team will collect and analyze key evidence, including:
- Financial statements and bank records.
- Witness statements and digital forensic evidence.
- Any procedural errors or rights violations.
Step 3: Pre-Trial Negotiations
We will negotiate with the prosecution to seek a reduction or dismissal of charges whenever possible.
Step 4: Trial Representation
If your case goes to trial, our experienced lawyers will build a strong defense, challenge the prosecution’s evidence, and advocate for your best interests.
Challenges in Fraud Cases
Lack of Intent or Misinterpretation
The prosecution must prove that the accused knowingly engaged in fraudulent activity. We challenge their case by:
- Demonstrating that the transaction was a misunderstanding or accounting error.
- Presenting evidence that shows a lack of intent to deceive or commit fraud.
- Highlighting inconsistencies in the prosecution’s financial evidence.
False Accusations
Fraud accusations may arise from:
- Business disputes or financial disagreements.
- Mistaken identity in financial transactions.
- Employees, clients, or business partners making false claims.
We work to expose false accusations by presenting evidence that contradicts the prosecution’s case.
Violation of Rights
If law enforcement violated your Charter Rights, such as conducting an unlawful search or failing to provide legal counsel, we can argue for the exclusion of evidence or case dismissal.
Frequently Asked Questions About Fraud Cases
What Are the Penalties for Fraud in Ontario?
Penalties depend on the amount of financial loss and prior criminal history, and may include:
- Fraud Under $5,000: Up to 2 years in jail.
- Fraud Over $5,000: Up to 14 years in prison.
- Additional Consequences: Fines, restitution orders, probation, and reputational damage.
Can Fraud Charges Be Dropped?
Yes, charges may be withdrawn or dismissed if:
- There is insufficient evidence to support the charges.
- The prosecution determines there is no reasonable prospect of conviction.
- The accused was wrongfully identified or falsely accused.
What Should I Do If I Am Arrested for Fraud?
- Remain Silent: Do not make statements to the police without a lawyer present.
- Request a Lawyer: Contact an experienced criminal defense lawyer immediately.
- Avoid Discussing the Case: Do not talk about the charges with anyone, including online.
Can Digital and Financial Records Be Used as Evidence in a Fraud Case?
Yes, bank records, emails, and financial transactions can be used as evidence in court. We analyze all financial evidence to build a strong defense and identify potential errors or misinterpretations.
Protecting Your Rights in a Fraud Case
- Seek Legal Counsel Immediately: Contact a lawyer as soon as possible to protect your rights.
- Preserve All Evidence: Collect and safeguard any documentation related to your arrest.
- Avoid Self-Incrimination: Refrain from discussing your case with anyone other than your lawyer.
- Follow Legal Procedures: Adhere to court orders and deadlines to avoid additional penalties.
Contact Kozyrev Law P.C. Today
If you are facing fraud charges in Toronto, Kozyrev Law P.C. is here to help. Our experienced legal team will fight to protect your rights and provide strong, compassionate support every step of the way.
Phone: (416) 900-0933
Email: info@kozyrevlaw.ca
Location: Serving clients across Toronto and the Greater Toronto Area
Take the first step toward defending your freedom. Contact Kozyrev Law P.C. today for a free consultation and let us help you through this challenging time.