Fraud & Theft Lawyers in Calgary

If you are facing fraud charges, you need a criminal defence lawyer in Calgary to look at your case as soon as possible. A conviction on fraud charges can carry serious penalties including expensive fines and jail time.

Fraud is defined as defrauding the public or any person of property, money, valuable security, or service by deceit, falsehood, or other fraudulent means. This encompasses a wide range of deceptive conduct where the accused deliberately uses dishonesty to cause economic loss to a victim or to put their financial interests at risk.

In Canada, fraud is a criminal offence defined in Section 380 of the Criminal Code. There are two types of fraud cases based on the value of what was taken.

For fraud over $5,000, this is an indictable offence. If convicted, a person can face up to 14 years in prison. Fraud under $5,000 is a “hybrid offence,” which means the prosecutor can treat it as either an indictable offence or a summary offence. If treated as an indictable offence, the maximum punishment is 2 years in prison. If treated as a summary offence, the punishment can be up to 2 years in jail, a fine of up to $5,000, or both.

Strategic Criminal Defence is a top Google-rated criminal defence firm in Calgary, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help those accused of fraud beat the charge.

The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact a Calgary criminal defence lawyer today by calling (403) 719-6410.

An Experienced Criminal Defence Firm

Strategic Criminal Defence was founded by respected senior criminal lawyer Michael Oykhman. For over 15 years, Michael has defended thousands of clients and appeared at all levels of court in Alberta, including the Supreme Court of Canada.

Our lawyers are guided by core values of service, results, integrity, teamwork, drive, and strategy. We share our collective experience, resources, and passion to help people and look for opportunities to add value to our clients through strategic thinking and creative solutions.

Key Takeaways

• Fraud in Canada is governed primarily by the Criminal Code (s.380), categorized as either under or over $5,000
• Fraud over $5,000 is an indictable (more serious) offence carrying maximum penalties of 14 years imprisonment
• Fraud under $5,000 can be prosecuted as either summary (less serious) or indictable, with maximum penalties of 2 years (summary) or 5 years (indictable)
• Bail conditions typically include travel restrictions, non-contact orders with alleged victims, and financial monitoring
• Crown must prove fraudulent conduct and an intention to deceive beyond reasonable doubt
• Early legal representation can significantly increase chances of favourable outcome.

How can a fraud lawyer in Calgary help?

Our lawyers are your strongest ally if you are facing fraud charges. Before charges are formally filed, they can give you important legal advice about your situation. This early guidance helps you understand your rights and options from the start.

• Our team can protect you from saying things that could hurt your case. They know how to handle conversations with police and investigators in ways that safeguard your interests.
• Fraud cases often hinge on detailed financial evidence. Our lawyers can gather financial records, communications, and other evidence that supports your side of the story. In complex fraud cases, they can bring in financial experts who can explain technical details to the court.
• Our fraud lawyers will guide you through Calgary’s court system, explaining each step of the process in simple terms. During trial, they leverage their knowledge of fraud-specific defences, challenge the prosecution’s evidence regarding intent and financial transactions, and provide comprehensive representation tailored to the unique aspects of fraud charges.

Fraud Charge in the Criminal Code of Canada

Fraud has a broad definition, but involves depriving someone of their property, money or other valuable security or service through deceit and dishonesty. This can occur in many different ways, making fraud hard to define.

According to s 380 of the Criminal Code:

Examples of Fraud Charges

Some examples of a fraud charge may include the following:

• Insurance Fraud: After a minor fender bender, someone reports serious damage to their car that existed before the accident. They then submit fake repair quotes to their insurance company trying to collect $8,000. The insurance company investigates and presses fraud charges.
• Credit Card Fraud: Someone uses their roommate’s credit card without permission to buy $6,000 worth of products online. They are charged with fraud over $5,000 after their roommate discovers the unauthorized purchases.
• Investment Fraud: An accused convinces their friends to invest in a business that does not exist. They collect $50,000 and use the money for personal expenses while sending fake investment reports. When the scheme collapses, the accused faces fraud charges.

Fraud Charge Defences

Every case is different. The availability and strength of any defence depend entirely on the specific facts of your case. The strength of any available defence rests on the evidence against you and the precise details of the allegations. However, the following are some common defences that may be used when fighting a fraud charge.

• Lack of Intent: When accused of fraud, showing someone did not mean to deceive anyone can be a powerful defence. Fraud requires intent—you must have deliberately tried to trick someone. For example, if you made an honest mistake in your business records or truly believed the information you provided was accurate, this may not be fraud. Courts look at your actions and knowledge at the time. If you can prove you acted in good faith and any errors were honest mistakes, the prosecution may fail to prove the intent element required for a fraud conviction.
• Authorization: Sometimes what looks like fraud was actually approved by the other party. This defence argues that you had permission to take the actions in question. For instance, if you are accused of using company funds improperly, but can show your supervisor approved these expenses, this could be a valid defence. Courts will examine whether the authorization was legitimate and whether you acted within its scope.
• Statute of Limitations: Fraud charges must be brought within a certain time period after the alleged fraud occurred. If too much time has passed, the prosecution may be barred from bringing charges. If you can show that the alleged fraudulent acts happened outside this time window, the case might be dismissed regardless of other evidence.
• Good Faith Reliance on Expert Advice: If you relied on the advice of professionals like lawyers, accountants, or financial advisors before taking actions that led to fraud charges, this could be a valid defence. For this to work, you must show you fully disclosed all relevant information to the expert, received their advice, and reasonably followed it believing it was proper and legal. For example, if your accountant advised certain tax deductions were legitimate and you took them based on this guidance, you might not be guilty of tax fraud even if the deductions were improper.

What are the consequences of a fraud charge? 

Fraud over $5,000 is an indictable offences. There is a Defence election of court under s. 536(2.1) of the Criminal Code for fraud theft over charges. A preliminary inquiry is also required. The maximum punishment for fraud over is 14 years incarceration.

Fraud under $5000 is a  hybrid offence. This means that depending on the circumstances of your case, the Crown can elect to proceed by indictment or summarily. There is no defence election for this offence, meaning it must be tried by a provincial court judge. The maximum punishment for fraud under is no more than 2 years of incarceration if prosecuted by indictment. If it is prosecuted summarily, the maximum punishment is no more than 6 months of incarceration and/or a $5,000 fine.

Fraud Charge Investigation

An investigation into fraud is usually initiated by the alleged victim. This person typically makes a report to the police, who may arrive to investigate right away. Given the nature of a fraud offence, investigation often takes longer than other charges, as the police may need to look through records such as bank records to understand the case. The accused committing fraud is often not present when police arrive, unless in situations such as credit card fraud, where an accused may be stopped at a store.

The police will arrive and often request a statement from the victim. If the accused is not present at the scene when the police arrive, a warrant may be issued for their arrest. An accused will have access to the information obtained through the investigation in the disclosure package provided by the Crown.

Bail Conditions for Fraud Charges

If you are released on bail after being charged with fraud, you will be provided certain conditions which you must follow after being released to the public. If you do not follow these conditions, you can be arrested and held in custody pending another bail hearing. Your bail conditions will provide certain restrictions which you must follow.

Conditions could involve a no contact condition with the alleged victim(s) and a no go condition to the place of the alleged theft or the victim’s property, if those places are not mutually exclusive. Depending on your condition when committing an offence, conditions may limit drug and alcohol use or the possession of firearms and other weapons. More severe conditions can include house arrest or curfew conditions.

Frequently Asked Questions About Fraud

What exactly is fraud? How is it different from making a mistake?

Fraud happens when someone deliberately tricks or deceives another person for financial gain or advantage. The key difference between fraud and a mistake is intent. If you accidentally give someone wrong information, that’s a mistake. But if you knowingly provide false information to get money or benefits, that’s fraud. Courts look for evidence that you meant to deceive someone. Prosecutors must prove you knew what you were doing was wrong and did it anyway. Simple errors or misunderstandings, even if they caused problems, aren’t fraud if you didn’t intend to deceive.

What are the possible penalties if I’m convicted of fraud?

The penalties for fraud depend on how serious the fraud was, how much money was involved, and your criminal history. For smaller frauds (usually under $5,000), you might face probation, community service, and fines. For larger frauds, especially those over $50,000, prison time becomes more likely. Serious fraud cases can result in sentences of several years in prison. Beyond criminal penalties, you might also have to pay restitution, which means paying back all the money taken. A fraud conviction can make it hard to get jobs that involve handling money or positions of trust. 

Can I still travel if I’m charged with fraud?

Travel restrictions are common when you’re facing fraud charges. Whether you can travel depends on your bail conditions, which are rules set by the court while your case proceeds. For minor fraud allegations, you might only have restrictions on international travel. For more serious fraud charges, especially those involving large sums of money, you might be restricted to your city or province.

Can fraud charges be dropped or reduced through negotiation?

Yes, fraud charges can often be negotiated down or even dismissed under the right circumstances. Many fraud cases are resolved through plea bargaining rather than going to trial. Factors that help in negotiations include paying back the money involved, having no previous criminal record, showing the fraud was less serious than initially thought, or proving there were misunderstandings rather than intentional deception. The prosecutor’s willingness to negotiate often depends on the strength of their evidence, the amount of money involved, and whether victims have been repaid. Early intervention by your Strategic Criminal Defence lawyer can sometimes lead to the best outcomes.

Related Offences 

• Arson: Arson is an offence involving the dangerous use of fire or explosives. Someone may commit arson while committing fraud.
• Breaking and Entering: breaking and entering involves forcing your way into a place, which a person may do when committing fraud.
• Mischief: Mischief is an unlawful interference with the property of another person. One may interfere with property when committing fraud.
• Possession of Stolen Property: A person who possesses stolen property they are using to defraud someone, such as a credit card may clearly fall under a possession of stolen property offence as well.
• Robbery: robbery is an extreme version of theft which involves violence or the threat of violence. A person may be robbed and then defrauded.
• Theft: a person may steal an item to then use to engage in fraud.