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06 / 12 · Criminal Code, ss. 366 – 380, 402.2 – 403

Fraud & White-Collar Offences

White-collar cases are document-heavy and often begin long before charges are laid. Early advice can shape how an investigation unfolds.

  • Fraud under and over $5,000
  • Forgery and uttering forged documents
  • Identity theft and identity fraud
  • Breach of trust
  • Credit card offences

What is at stake

Why this charge needs a real defence.

Fraud over $5,000 carries up to 14 years in prison, and a fraud exceeding one million dollars carries a mandatory minimum of two years. Courts treat an abuse of an employer's or client's trust as seriously aggravating. Beyond the sentence, there are restitution orders, professional discipline, and reputational damage that begins the day a charge becomes public.

How it is done

How we build your defence.

  1. 1

    Get advice before charges

    Fraud investigations often start with an employer, a bank, or a regulator asking for your side of the story. What you say at that stage can become the Crown's best evidence. Speak to a lawyer before you speak to anyone else.

  2. 2

    Master the documents

    These cases are built on records: bank statements, emails, accounting entries, and device data. We organize the disclosure, identify what is missing, and bring in forensic accounting help where it is needed.

  3. 3

    Challenge dishonest intent

    Fraud requires proof of dishonesty and of a loss or risk of loss. Authorization, honest belief, sloppy bookkeeping, and genuine business disputes are not crimes.

  4. 4

    Negotiate from strength

    Where resolution makes sense, the timing and structure of restitution can significantly affect the outcome, including whether a sentence can be served in the community.

What we look for

The issues that decide these cases.

  • 01

    Intent

    The line between a failed venture or a civil dispute and a criminal fraud is drawn at dishonesty, and the Crown must prove it.

  • 02

    Authorization

    Whether you were permitted to do what you did is often unclear in the documents, and that ambiguity matters.

  • 03

    The loss figure

    The alleged amount drives the sentence. It is frequently overstated and can be challenged.

  • 04

    Searches of devices and records

    Production orders and device searches must comply with the Charter.

Possible outcomes

What a good result can look like.

  • No charges laid after pre-charge representation
  • Withdrawal or acquittal where dishonest intent cannot be proven
  • A reduced loss amount and a correspondingly lower sentence
  • A community-based sentence supported by restitution

Every case turns on its own facts. These are examples of results that may be available, not a prediction or guarantee of the outcome in your matter.

Questions

What people ask us first.

Speak with a lawyer first. Workplace interviews are routinely handed to police, and you cannot take back what you say. A lawyer can communicate on your behalf in a way that protects you.

Repayment does not automatically end a prosecution, but it is one of the most significant factors in how a fraud case resolves. How and when it is offered should be planned carefully.

Next step

Talk to us about your fraud & white-collar offences matter.

A short conversation now can prevent mistakes that are hard to undo later. What you tell us is confidential.

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