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Find the Right Lawyer for a Fraud Charge

People charged with fraud are often unaware that they did anything wrong.  But, it is a criminal charge, and being found guilty of fraud can mean jail time and a criminal record.


Especially if you’re unsure of all the reasons why you have been charged with fraud, the sooner you get a qualified fraud lawyer working on your case to defend your rights, the better.


If you are charged with fraud, the charge will be either “Fraud Under $5,000” or “Fraud Over $5,000”. Both are criminal offences.

The Criminal Code of Canada – Section 380 (1) states that those who meet the following criteria are guilty of Fraud.

380 (1) Every one 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.


Considering that charges for Fraud include a monetary value, the penalties for “fraud under” and “fraud over” are different.

  • FRAUD OVER $5,000

    As an indictable offence, the maximum penalty is imprisonment for 14 years

  • FRAUD UNDER $5,000

    • If you are found guilty of an indictable offence, which is a more serious conviction based on the circumstances surrounding the case, including previous convictions, the maximum penalty is imprisonment for 2 years
    • If you receive a summary conviction, which is less serious, the maximum penalty is imprisonment for six months and/or a $5,000 fine.


The fact that you may not have intended to commit fraud means that anything you do without the legal advice and services of a qualified legal team, including former police officers and legal professionals with specific experience in fighting fraud charges, can make the case against you worse.

What You Can Do – You should not admit guilt or any fault.  Fraud charges are often levelled where there is a misunderstanding or miscommunication. You should also start writing down everything you can remember about the circumstances surrounding the actions that resulted in the charge. That way, you may be able to show where misunderstandings occurred.

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