When
fraud
charges are brought to light, we immediately refer to Section
380 of the Criminal Code of Canada. Fraud is divided
into two categories:
-
Fraud over $5,000. This indictable offence results in up to
14 years in prison.
-
Fraud under $5,000. The Crown chooses to give either an
indictable conviction or a summary conviction. An indictment
results in up to two years in prison while a summary
conviction results in up six months in prison.
The Criminal Code explains that
fraud Toronto
is committed “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.”
In other words, whether the victim endured economic loss or
not is irrelevant; fraud is committed when there is the intent
to defraud and the victim has the risk of economic harm.
Giving the money back is one option, and it will help your
case; however, it’s best to consult your lawyer for the best
approach.
Gambriani Law has represented various types of cases, from
insurance to credit card to employment fraud. Call us and
discuss your case with:
1 (416) 628-2041.
Contact Us