Fraud Lawyers in Victoria

A fraud investigation often builds over months before you’re ever contacted. It moves quickly once the police have enough evidence.

Our Victoria team, led by Julia Hunter, scrutinizes this evidence. We look for gaps in the Crown’s timeline and other weaknesses in the case.

Our team has:

• Won the Consumer Choice Award for Best Criminal Defence Firm in Victoria.
• Built 40+ combined years of criminal defence experience across Vancouver Island and BC courts.
• Received 75+ five-star Google reviews from past clients.

We’re available 24/7 if you’re arrested or under investigation.

What is fraud, and how could a conviction affect you?

Fraud covers several different property offences under the Criminal Code. All involve some form of deception. Examples include tax fraud, credit card fraud, and insurance fraud.

The table below shows the charges we handle most often in Victoria.

The line between a summary (less serious) and an indictable (more serious) charge often comes down to:

• The dollar amount involved.
• Your criminal history.
• Any other factors that could influence the Crown’s decision.

When sentencing, judges must weigh aggravating factors, such as:

• The scale of the fraud.
• The number of victims.
• Whether you held a position of trust.

These factors can push a sentence well beyond what a first-time offender might expect. Preventing these types of consequences is our first priority.

A fraud conviction also carries consequences well beyond the courtroom:

• A permanent criminal record. This could affect future employment, especially in finance, law, or any regulated profession.
• A restitution order. This requires you to repay victims for their losses.
• A prohibition order (s. 380.2). This bars you from certain jobs that involve control over other people’s money or property.
• Immigration consequences for non-Canadian citizens. Removal is possible under the Immigration and Refugee Protection Act (IRPA).

These far-reaching consequences can raise stress levels. Reaching out early to one of our Victoria fraud lawyers means we can begin work immediately to limit the consequences.

What happens after an arrest, and how can we help?

After your arrest, the local Victoria, Saanich, or Oak Bay police (or an RCMP detachment) may release you on a Promise to Appear.

For more serious fraud charges, you’re more likely to be held at the Victoria Police Department at 850 Caledonia Avenue.

From there, your Strategic Criminal Defence lawyer works to negotiate your release at the bail hearing at the Victoria Law Courts on Burdett Avenue. Release can be more complex in fraud cases involving multiple victims or large sums of money.

If you’re released, bail conditions are likely to include:

• A no-contact order barring contact with alleged victims, witnesses, or co-accused persons.
• Surrender of your passport due to flight-risk concerns.
• A ban on opening new bank accounts, lines of credit, or business accounts.
• A restriction on your access to certain financial records, systems, or employer accounts.
• Regular check-ins with a bail supervisor or the police.

If you’re not released, you may be taken to the Vancouver Island Regional Correctional Centre in Saanich. You might have to stay there until your case is over.

First court appearance and defence

Your first court appearance takes place at the Victoria Law Courts on Burdett Avenue. Once we obtain the Crown’s disclosure, we can review the evidence against you, such as bank records and financial statements.

We then begin negotiating with the Crown Prosecution Service. Serious fraud cases leave little room for a resolution that avoids a criminal record. Those are more likely to go to trial.

In less serious cases, we may be able to negotiate a pre-trial resolution that prevents a trial and a criminal record:

• A reduction to a lesser charge, if the evidence does not clearly support an intent to deceive.
• A stay or withdrawal of charges, if we can show the Crown that the evidence against you is too weak to proceed.
• A restitution-based resolution, where repaying the victim in full can support a reduced charge or a lighter sentence.
• A peace bond, letting you avoid prosecution by agreeing to keep the peace for a set period.

In rare cases of minor fraud, a conditional discharge may be available. This results in a finding of guilt without a formal criminal record.

Julia Hunter’s previous years of work at the Crown Prosecution Service and the Judges’ Chambers can help during negotiations. She understands how the Crown builds financial crime cases and where the evidence tends to be weakest.

If there is no resolution, your case proceeds to trial in the Provincial Court or Supreme Court of British Columbia.

Testimonials

Here’s what clients have said about us. Remember that past results do not guarantee future outcomes.

What defences can protect you?

Depending on the facts of your fraud case, we may argue:

• You lacked the intent to deceive. Fraud requires the Crown to prove you knowingly acted dishonestly.
• The alleged victim suffered no real financial loss or risk of loss. This is a required element of the offence.
• The evidence was gathered through an unlawful search of your home, computer, or financial accounts. That would be a violation of your Charter rights.
• Someone else had access to your identity, accounts, or systems, and used them without your knowledge.

Frequently asked questions