Fraud Defence Lawyer in Winnipeg

Fraud is a serious criminal offence under Canadian law, defined as intentional deception aimed at depriving someone of their property or money. The potential consequences — from jail time and hefty fines to a tarnished reputation — are immense. However, understanding fraud laws can empower you, giving you a sense of control and reducing the overwhelming nature of these cases.

Why Choose Wiebe Criminal Defence?

• Experience That Matters: With nearly two decades of experience in criminal defence,  we have an in-depth understanding of the complexities of fraud charges.
• Your Defence, Our Priority: We know that every case is unique. We take the time to listen to your story, meticulously analyse the evidence, and develop a personalised defence strategy tailored to your specific needs.
• Results-Driven Approach: Our commitment to achieving the best possible outcome for our clients is unwavering. We’re not just lawyers; we’re your advocates, fighting tirelessly to protect your rights and future.

Don’t face fraud charges alone. The sooner you have a skilled defence team on your side, the stronger your case will be.

Fraud is primarily outlined under Section 380(1) of the Criminal Code of Canada. It is defined as any act of deceit, falsehood, or other fraudulent means that deprives, or risks depriving, any person or the public of property, money, valuable security, or service.

Based on the value involved, fraud can be prosecuted as an indictable offence or as a summary conviction offence. The key element for a conviction is the intent to defraud or the knowledge that one’s actions could defraud another party. Importantly, under Canadian law, actual financial loss is not necessary for a fraud charge; the potential or risk of loss is sufficient.

There are two main categories of fraud: fraud under $5,000, and fraud over $5,000. The amount involved dictates the severity of potential penalties, with fraud over $5,000 generally attracting more severe consequences. These penalties are discussed in more detail below. 

For the Crown to secure a fraud conviction, they must prove two essential elements beyond a reasonable doubt: intentional deception and resultant loss.

Intentional Deception (Dishonesty)

The first requirement involves proving that you engaged in fraudulent activities with intentional deception. This includes actions such as manipulating information, intentionally deceiving, abusing a position of trust or concealing material facts to gain an advantage or cause a loss to another party. Deliberate misconduct aimed at personal gain or causing harm to another is crucial to establish this element.

Resultant Loss (Deprivation)

The second essential element is proving that the victim suffered a loss directly attributable to your fraudulent actions. The prosecution must demonstrate that your deceitful actions had a tangible negative impact on the victim, such as financial loss or other types of deprivation. This element underscores the consequential aspect of fraud, directly connecting your conduct to the harm experienced by the victim.

Both intentional deception and resultant loss are critical in the legal assessment of fraud cases. Without proving both elements, the foundation of a fraud charge is significantly weakened, making it difficult for the Crown to secure a conviction.

Fraud includes a variety of deceptive practices aimed at unlawfully benefiting the perpetrator at the expense of another. Here are some common examples:

• Credit Card Fraud: Using someone else’s credit card information without authorization to make purchases.
• Insurance Fraud: Submitting false claims to insurance companies to receive compensation.
• Mortgage Fraud: Providing false information on a mortgage application to obtain a loan.
• Investment Fraud: Misleading investors about potential returns or the risks involved in an investment.
• Identity Theft: Using someone else’s personal information to commit fraud or other crimes.
• Cheque Fraud: Writing fraudulent cheques or altering the details on a cheque to withdraw funds illegally.

These examples highlight the diverse nature of fraudulent activities and their occurrence in various contexts, each requiring a tailored legal approach to address effectively.

When facing fraud charges, having the right criminal defence lawyer is paramount. A skilled lawyer not only ensures a fair legal process but also works tirelessly to achieve the best possible outcome for your case.

Tailored Defence Strategies

An experienced criminal lawyer develops customised defence strategies specific to each case’s unique details. This involves thoroughly analysing the prosecution’s evidence, identifying weaknesses, and constructing compelling counterarguments to challenge their case.

Advocacy and Representation

Beyond courtroom representation, a good criminal lawyer advocates for your rights throughout the entire legal process. They ensure your voice and narrative are heard and understood, and your rights are protected throughout the legal process.

Securing Favourable Bail Conditions

Experienced lawyers strive to secure favourable bail conditions, minimising disruptions to your life while awaiting trial. This includes advocating for reasonable conditions and ensuring that you are not unduly detained while awaiting trial.

 Having a seasoned criminal lawyer by your side is key to navigating the complexities of fraud charges and achieving the best possible outcome.

For a fraud charge, there must be a deprivation or risk of deprivation of property, money, valuable security or intangible loss such as loss of opportunity. If no such deprivation occurred, or the risk was negligible, the defence can argue that this element is not satisfied. Additionally, we can show there was no realistic potential for loss, meaning the circumstances or actions in question could not have reasonably led to a loss.

The legality of evidence collection is crucial in fraud cases. Evidence obtained illegally can be excluded, potentially weakening the prosecution’s case. Proper legal authority and adherence to prescribed procedures are essential when collecting evidence. Any evidence obtained in violation of these standards may be deemed inadmissible in court.

A skilled criminal lawyer can identify instances of illegally obtained evidence and argue for its exclusion in court, thereby protecting your rights and potentially undermining the prosecution’s case. By scrutinising the search and seizure process, we can determine if any violations occurred that would warrant the suppression of critical evidence.