Fraud & Financial Crimes

Lack of fraudulent intent is the most common successful defence in fraud cases. Negligence, civil dispute, or honest commercial misunderstanding does not meet the criminal-fraud standard. Documenting that position is core defence work.

Likely — many regulators are notified on charge and act on conviction. We coordinate with regulatory counsel where appropriate and structure resolution paths with professional-licensing exposure in mind.

Most fraud matters resolve within 12–24 months from charge, faster in straightforward cases. Cases that proceed to trial often run 18–36 months because of disclosure volume. We provide a realistic timeline at the first meeting.

The threshold is the value of the alleged fraud. Fraud over $5,000 is a straight indictable offence with a higher maximum penalty; fraud under $5,000 is hybrid. Both are crimes of dishonesty that can carry serious employment and licensing consequences.

Not automatically, but it can help. Restitution can support a more favourable resolution — sometimes a withdrawal or a non-custodial sentence — particularly for a first offender. It should be approached strategically, with legal advice, not offered blindly.

It can. Fraud is a crime of dishonesty, so a conviction is treated seriously by employers and regulators. Protecting your record — and, where possible, resolving the matter without a conviction — is often the central goal of the defence.

Yes. Under section 380(1.1) of the Criminal Code, when the Crown proceeds by indictment and the total value of the fraud exceeds $1 million, the court must impose at least two years’ imprisonment. The maximum for fraud over $5,000 is 14 years. Section 380.1 lists aggravating factors, including the scale and planning of the scheme and the number of victims and the impact on them. How losses are calculated and attributed can significantly affect the outcome.

It is possible but uncommon for a first offence. Fraud under $5,000 is a hybrid offence carrying up to two years’ imprisonment on indictment, or up to two years less a day summarily. First-time accused who repay the loss may be eligible for diversion, a discharge or a non-custodial sentence. Breach of trust — for example, an employee taking from an employer — is treated more seriously and can lead to custody even for modest amounts.

Identity theft under section 402.2 of the Criminal Code is obtaining or possessing someone else’s identity information intending to use it to commit an offence involving fraud, deceit or falsehood; it carries up to five years. Identity fraud under section 403 is actually using that information to personate someone — to gain an advantage, obtain property or avoid arrest — and carries up to 10 years. Both are hybrid offences, and the Crown must prove the required intent.

Yes. The Crown can apply, often without notice, for a restraint order under section 462.33 of the Criminal Code if a judge finds reasonable grounds to believe property is proceeds of crime — freezing bank accounts, real estate or other assets while the case proceeds. Banks may also freeze accounts on their own. You can apply to vary a restraint order, including for reasonable living and legal expenses. Aaron M. Spektor handles these applications alongside the criminal defence.