Fraud Lawyers Calgary protecting your reputation

If you have been charged with fraud or are under fraud investigation, you need an experienced fraud lawyer to help you fight charges.

Being accused of a crime can be terrifying, but being charged or investigated for fraud also comes with complex financial issues. Never speak to investigators on your own. Even if you have nothing to hide, you could unintentionally incriminate yourself by saying the wrong thing.

At Wyman & Williamson, our lawyers are skilled in all aspects of criminal law, including fighting fraud charges. Contact us today to defend your freedom.

Fraud can cover a wide range of activities, and while it’s similar to theft, legally, it’s not quite the same. The Criminal Code of Canada defines fraud as using deceit or false pretenses to acquire property, money, valuables, or other assets belonging to another party. Note that the other party may be a person or an entity, like a private business or bank.

Common types of fraud could include falsifying insurance records for profit or using someone else’s credit card without their permission or knowledge.

Fraud differs from theft in that a fraudulent action contains an element of deceit. For example, if someone steals $500 from your wallet, that is theft. On the other hand, if they invent a charity and entice you to donate $500 to the fake charity, that is fraud. For the victim, either way, they’re out $500. However, Canadian criminal law draws a distinction between the two charges.

Types of Fraud Charges

Some common types of fraud that are considered crimes under the Criminal Code include:

• Identify theft
• Using a stolen credit card
• Pyramid or “Ponzi” schemes
• Embezzlement
• Tax fraud
• Writing a bad check
• Bank or mortgage fraud
• Wire fraud
• Insider trading and stock manipulation
• Insurance fraud
• Cybercrimes
• E-transfer scams

How severe the alleged fraud and corresponding penalties are depends on two things:

• The value of the illegally acquired goods. The higher the amount of money or value of property obtained by deceit, the stiffer the penalties.
• How sophisticated the fraud was. If the theft was simply taking your credit card out of your wallet without your knowledge and using it, that’s not a very sophisticated crime. However, if you work in a doctor’s office and you create false patients to bill insurance companies for extra money, that would be a more sophisticated scheme, and you may face a longer sentence.

Fraud convictions also rest on intent. If you intend to deceive someone, even if they don’t directly experience a loss, you could still face fraud charges. For example, if you made up a false charity and solicited donations, but no one gave you money, you could still be charged with fraud because you had a fraudulent intent to deceive people and take their money.

Another factor affecting your fraud charge (and penalty if convicted) is who you defrauded. Employees who steal or defraud their employer may face harsher penalties than someone who defrauds a private citizen. The courts view employees as being in a position of trust with their employers and that employers may be vulnerable to theft, embezzlement, or other types of fraud from their employees. Because of this vulnerability, even if the employee defrauded their employer of a low-value asset, the courts may still impose jail time.

However, some charges of fraud may stem from simple misunderstandings or a misinterpretation of the person’s actual intent. If you’re facing fraud charges, no matter how minor they may seem to you, it’s important to have an criminal defence lawyer help you through the legal process and protect your rights.

Fraud penalties depend on the value of the stolen property. However, the court may consider mitigating factors in your case or aggravating factors, like how many victims there were, how sophisticated the fraud was, the degree of planning required, or the extent of the impact on victims.

An example of a case with several aggravating factors could be a Ponzi scheme wherein the perpetrator swindled many elderly people out of their retirement savings, leaving them destitute. The court may also consider the fraud’s effect on the Canadian economy in cases where stock manipulation or large-scale insider trading took place.

For the most part, though, sentences for fraud are as follows:

• For property valued at less than $5,000, the penalty is up to two years in prison.
• For property valued between $5,000 and $1 million, a maximum sentence of 14 years in prison.
• For property valued at more than $1 million, the minimum sentence is two years, and the maximum sentence is 14 years in prison.

Each case is different, though, which is why having an experienced lawyer is so important. Your lawyer may present mitigating factors when it comes to sentencing or argue for alternative punishment rather than jail.

Every investigation is unique based on the charges, potential and/or alleged victims, and details of the case. However, in the event of a fraud investigation, the alleged victim is typically the one to bring it to investigators’ attention.

In Canada, for someone to be found guilty of fraud, the Crown Prosecutor must prove these factors:

• A Deceitful Or Dishonest Act Was Committed
• That The Accused Knew This Act Would Cause Economic Deprivation For Another Person
• Or That The Accused Was Willfully Blind To Whether This Would Cause Economic Deprivation
• The Accused Was Aware Of The Fraudulent Act
• There Was A Financial Loss Suffered By The Alleged Victim

When facing fraud or theft charges, it is essential to hire the right lawyer to defend you. Whether you’re facing fraudulent credit card use, insurance fraud, CERB fraud, shoplifting or pickpocketing charges, our team can help. These are serious criminal charges that can impact your reputation and life if you are convicted. Don’t leave your freedom up to chance. Contact us today.

The lawyers at Wyman & Williamson work hard to ensure the best possible outcome for your case. Some of the ways that our legal team can help include:

• Using the law to work in your favour by arguing points of law that are most favourable to your situation
• Arguing that your rights under the Charter of Rights and Freedoms were violated. Maybe you were a victim of an unreasonable search and seizure, or your rights to liberty and security were infringed on by law enforcement. If your rights were violated when the police seized evidence, like your phone or computer, paper records, or banking documents, then we may argue that this evidence should be excluded from your trial. Without this illegally seized evidence, then the Crown may not be able to prove their case.
• Challenging witness testimony. We have the opportunity to examine any witness the Crown produces. We could question whether they actually saw or heard anything, or we may be able to impugn their testimony.
• Disputing the facts. Was there actual fraud committed? Do the facts prove that you were deceitful, or do they show that you simply made a mistake, or there was a misunderstanding in your motive? Any fraud cases have a paper trail of evidence, which we may challenge. If the Crown doesn’t have enough evidence, then they may not be able to prove you guilty.

Unfortunately, not every fraud case results in an acquittal. If you are convicted of fraud, then we can still offer assistance in reducing your penalty. We may be able to help keep your penalties as lenient as possible by:

• Presenting mitigating circumstances or reasons why no jail time should be required. We may argue for higher fines rather than incarceration, community service, or other non-jail penalties.
• Arguing for a conditional discharge so that the conviction isn’t part of your criminal record. This can help you in the future if you need employment, a new bank account, or to take out a loan.
• Petitioning for the least amount of jail time possible, if jail is unavoidable in your conviction.

A criminal conviction can have devastating life long impacts. Our legal team works to protect you. We will fight any criminal allegation you face with the goal of keeping your criminal record clean. Picking the right lawyer could be the difference from having to explain to any future employer about your criminal past or never having to explain anything because your lawyer got your charges dropped or reduced the risk you faced.