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Fraud Defence Lawyer in Winnipeg

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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.

What is Fraud (According to Canadian Criminal Code)?

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. 

Essential Elements of a Fraud Conviction by the Crown

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.

What Are Some Examples of Fraud?

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.

The Role of a Criminal Lawyer in Fraud Cases

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.

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Defending Against Fraud Charges in Winnipeg

While fraud charges in Winnipeg are serious and can have significant consequences, various defence strategies may be available to you. Here are some common defences we utilise when defending our clients.

Lack of Fraudulent Intent

The Crown must prove beyond a reasonable doubt that you intended to deceive or knew your actions could result in fraud for a conviction. Without this intent, the fundamental basis for a fraud charge is undermined. Consequently, proving the absence of intent can be a strong defence against fraud allegations. 

To establish this defence, you should showcase the evidence that you:

  • Did not intend to deceive anyone: This could involve demonstrating your honest belief in the information presented or your good faith efforts to ensure accuracy.
  • Lack of knowledge of the fraudulent nature of your actions: We can highlight any reasonable steps you took to verify information or rely on the advice of trusted professionals.

No Risk of Loss or Harm

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.

Unlawful Search and Seizure

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.

Charter Rights Violations

The Canadian Charter of Rights and Freedoms guarantees fundamental rights and freedoms to everyone, including those accused of fraud. If these rights are violated during the investigation or prosecution of a fraud case, it can provide a strong defence.

Key Charter rights that are often relevant in fraud cases include:

  • The right against unauthorised searches and seizures: As mentioned above, law enforcement must have reasonable grounds and usually a warrant to search your property or seize your belongings.
  • The right to timely access to legal counsel: You have the right to speak with a lawyer as soon as you are arrested or detained.
  • The right to a fair trial: This includes the right to be presumed innocent until proven guilty, the right to know the case against you, and the right to challenge the evidence against you.

Evidence obtained in violation of these rights may be excluded from trial, which can significantly weaken the prosecution’s case.

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Penalties for a Fraud Conviction

Fraud convictions in Canada carry severe penalties and the legal framework provides for substantial prison terms and additional financial penalties to deter fraudulent activities and compensate victims. Each case is judged on its merits, with penalties reflecting the specific circumstances and severity of the offence.

Penalties for Fraud Under $5,000.00

Fraud under $5,000 is classified as a hybrid offence, meaning it can be prosecuted either summarily or by indictment. The choice of prosecution method significantly affects the potential penalties.

  • Prosecution by Indictment: Up to 2 years of imprisonment.
  • Prosecution by Summary Conviction: Up to 6 months of imprisonment and/or a fine of up to $5,000

Additional consequences may include supervised release, restitution orders, restrictive bail conditions, and impacts on future employment and personal freedoms.

Penalties for Fraud Over $5,000.00

Fraud cases involving amounts over $5,000 are treated with greater severity. The Crown must proceed by indictment for these cases, leading to more stringent penalties.

  • Maximum Sentence: The maximum penalty is 14 years imprisonment.
  • Mandatory Minimum Sentence: If the fraud exceeds $1 million, there is a mandatory minimum sentence of two years.

Additional consequences can include prohibitions on employment in roles involving financial responsibilities, restitution to victims, significant fines, restrictive bail conditions, and the lasting impact of a criminal record on personal and professional life.

Aggravating Factors

The court considers several aggravating factors that can increase the severity of the penalties.

Magnitude, Complexity, and Duration: Cases involving large sums of money (e.g. (e.g. if the value of the stolen property is over $1 million), sophisticated schemes or prolonged fraudulent activities reflect premeditation and sophistication, leading to harsher penalties.

Impact on Victims: The emotional and financial distress caused to victims and/or the vulnerability of the victims are significant factors. Greater harm to victims often results in more severe sentences.

Abuse of Position of Trust: If the accused exploited a position of trust or authority to commit fraud, this is considered particularly serious and can lead to increased penalties.

Understanding the seriousness of these penalties underscores the importance of experienced legal representation to defend against such charges.

Securing Bail When Charged With Fraud

Securing bail is a critical early step if you are charged with fraud. You should exercise your right to counsel immediately upon arrest and before any interactions with the police.

Initial Release or Bail Hearing

After being arrested, you may either be released by the police with conditions specified in an undertaking or be detained for a bail hearing. If you are not released, you are entitled to a bail hearing before a judge or justice of the peace within 24 hours of your arrest (or as soon as possible thereafter).

Charter Rights and Reasonable Bail

The Canadian Charter of Rights and Freedoms ensures that individuals are not denied reasonable bail without just cause. Those charged with crimes, including fraud, typically have the right to be released while awaiting trial unless there are compelling reasons for their detention.

Typical Bail Conditions

Common bail conditions include:

  • Reporting to a bail supervisor or police officer
  • No-contact orders with victims or witnesses
  • Curfews
  • Travel bans

Contested Bail Hearings

If the Crown opposes release, a contested bail hearing occurs. Your lawyer must effectively challenge the Crown’s arguments to secure your release. Preventing pre-trial detention is important as it allows you better opportunities to consult with your legal team and prepare a defence.

Role of a Criminal Fraud Lawyer

A criminal fraud lawyer can advocate strongly on your behalf during the bail hearing, arguing for reasonable conditions and the necessity of release. A robust bail plan, often including sureties—individuals who agree to supervise you and ensure compliance with bail conditions—is crucial.

Securing knowledgeable legal representation from the start is essential to effectively navigating the bail process and ensuring your rights are protected.

Seek Counsel from an Experienced Criminal Defence Lawyer

When facing fraud charges, your first priority should be to consult with an experienced criminal defence lawyer. Fraud law is intricate and complex, demanding the support of knowledgeable legal professionals who understand the nuances of these cases.

Having a lawyer with in-depth knowledge of complex fraud laws and court procedures ensures that your case is meticulously analysed and the defence strategy is robust. At Wiebe Criminal Defence, we have extensive experience in handling fraud cases and are committed to clear communication, educating you on your rights and the legal pathways available.

Our dedication to advocating zealously on behalf of our clients ensures that you receive the best possible defence. Seek experienced legal representation to guide you through this challenging time.

Frequently Asked Questions

What is the difference between fraud and theft?

When facing fraud charges, your first priority should be to consult with an experienced criminal defence lawyer. Fraud law is intricate and complex, demanding the support of knowledgeable legal professionals who understand the nuances of these cases.

Having a lawyer with in-depth knowledge of complex fraud laws and court procedures ensures that your case is meticulously analysed and the defence strategy is robust. At Wiebe Criminal Defence, we have extensive experience in handling fraud cases and are committed to clear communication, educating you on your rights and the legal pathways available.

Our dedication to advocating zealously on behalf of our clients ensures that you receive the best possible defence. Seek experienced legal representation to guide you through this challenging time.

What are the bail conditions for fraud charges?

Bail conditions for fraud charges are generally imposed to ensure that the accused appears at court hearings and refrains from committing additional crimes. Moreover, bail conditions are not meant to be punitive but to protect the public and ensure the integrity of the legal process. These conditions may include:

  • Avoiding Contact: The accused may be required to avoid contact with alleged victims or witnesses to prevent potential intimidation or interference with the investigation.
  • Residence Requirements: The accused may need to reside at a specific address or within a certain area.
  • Activity Restrictions: To prevent further unlawful conduct, restrictions might be imposed on participating in certain activities, such as using credit cards or accessing particular financial systems, to prevent further unlawful conduct.
  • Travel Restrictions: The accused might be required to surrender passports or other travel documents to limit mobility.
  • Reporting Requirements: Regular reporting to the police to confirm compliance with bail conditions and to provide necessary information or assistance to the investigation.
  • Employment or Schedule Maintenance: The accused may need to maintain employment or adhere to a certain daily schedule.

The severity of the alleged fraud and the accused’s history can influence the strictness of bail conditions. By understanding the potential bail conditions associated with fraud charges, you can better prepare for the legal process and make informed decisions with the help of your legal counsel.

What if I pay back the money?

Paying back the money involved in a fraud case can influence the course of legal proceedings, though it does not automatically negate the criminal charges. Restitution, which involves compensating the victims for their losses, demonstrates remorse and a willingness to rectify the wrongdoing.

Restitution is not a guaranteed way to avoid charges, but it may be considered a mitigating factor during sentencing, potentially leading to lesser penalties. Courts may view restitution as a sign of genuine remorse and responsibility for one’s actions, which can be persuasive in negotiations and during sentencing.

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