Fraud

Fraud can be divided into two types: “fraud under $5000” and “fraud over $5000”. The main difference is the amount that has been defrauded. Both types of fraud are classified as a “property offence”. The length of the fraud can be a factor in how many counts are issued. If the alleged fraud occurred over a long period of time it would not be uncommon for numerous counts of fraud to be issued.

Definition of Fraud

(1) 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,

(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or

(b) is guilty

(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or

(ii) of an offence punishable on summary conviction,

where the value of the subject-matter of the offence does not exceed five thousand dollars.

What is the penalty for fraud under $5000?

Section cc. 380.(1)(b) of the Criminal Code of Canada states everyone who is found guilty of Fraud Under $5000 is guilty of an indictable offense that is punishable by a term of imprisonment up to two years, or in less serious cases, by an offence punishable on summary conviction.

What is the penalty for fraud over $5000?

Section cc. 380. (1) of the Criminal Code of Canada states everyone who is found guilty of Fraud Over $5000 is guilty of an indictable offense that is punishable by a term of imprisonment up to fourteen years.

What possible defences can there be to fraud?

Depending on the situation, there may be numerous defences available to a person accused of fraud. One such defence could be lack of intent to defraud. The first thing to do would be to consult with a criminal attorney and explain your situation

How can Capulli Law, Vaughan’s premier criminal attorneys help you?