The offence of Fraud can be a complicated topic if you are charged with a crime in relation to this area of the Criminal Code. Fraud can be classified or defined in many ways, but generally, it is committed through some form of deceit, falsehood, or manipulation in order to gain or deprive a person or business of money, value, or products.
There are many different kinds of Fraud, but two of the most common forms are Fraud Under $5,000 and Fraud Over $5,000. If the value of what was involved in the offence is under $5,000 the punishments differ greatly from those if the value exceeds $5,000.
If you are charged and convicted of Fraud you can face a period of imprisonment or jail for up to fourteen (14) years if the value exceeds $5,000 and up to two (2) years if the amount is under $5,000. The specific facts and circumstances of the offence will play a significant role in the type of sentence you would receive if you are charged and subsequently convicted of a Fraud offence.
There are significant collateral consequences as well if you are convicted of any type of Fraud. The United States considers Fraud a crime of moral turpitude and you will likely be barred entry. If you are convicted of Fraud and have this on your criminal record it may be very difficult to obtain employment, especially if you are in a position of trust or deal with matters of finance.
There are additional forms of Fraud which are common, such as:
- Insurance Fraud – i.e. submitting false insurance claims;
- Mortgage Fraud – i.e. obtaining a mortgage fraudulently;
- Workplace Fraud – i.e. defrauding an employer of property or funds;
- Credit Card Fraud – i.e. obtaining credit card information;
There are additional considerations the Crown Attorney can look at if you are charged with a Fraud-related offence, such as:
- Duration of the offence;
- Impact of the offence on the public;
- Number of victims;
- Position of the offender in public;
- If the offender was part of a regulatory body;
- If the offender attempted to coverup records of the crime;
It is strongly encouraged you seek advice from a lawyer if you are charged with a Fraud offence because the consequences of a conviction are significant. The lawyers at X-Copper Law Firm deal with Fraud offences often and have helped you navigate the criminal justice system if you are charged with an offence.
