Experienced Fraud Lawyer in Toronto
Are Your Front Line Defence.
Fraud is one of the most sternly prosecuted criminal offences in Canada. As such, it’s imperative to have an expert lawyer by your side if you’re under investigation or charged with any category of fraud. At Bytensky Shikhman Criminal Defence firm, we have a proven track record of successfully defending clients facing fraud allegations in Toronto. With our sizeable and dedicated team, we can handle even the most complex fraud cases with utmost professionalism and meticulousness.
If you are facing criminal fraud charges in Toronto, it’s in your best interest to retain experienced criminal defence attorneys, such as Bytensky Shikhman Fraud Criminal Lawyer. They’ll meticulously review the criminal charges against you and devise a strong, effective defence to attain the best possible outcome per your case.
To understand fraud, let’s take a look at section 380(1) of the Criminal Code of Canada:
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.
As per the definition provided by the criminal code, for a crime to be termed as fraud, the accused must put the complainant at some risk of financial or other property loss. Also, the accused must have done so willingly and knowing that their actions will lead to some personal benefit on their end. It’s important to note that you can still be charged with fraud, even if your actions did not cause any loss to the complainant. What carries weight is your willful intent to defraud.
There are two categories of fraud offences, i.e., fraud over $5,000 and fraud under $5,000. Both classes have similar elements of fraud crimes. However, the monetary value of the property involved and the penalties upon the finding of guilt vary.
If you, or someone you know, are facing fraud charges, reach out to our Toronto criminal defence lawyers at 416-365-3151 for a free, no-obligation consultation.
Fraud can be a serious charge depending on the facts of the allegation. Fraud charges are more serious where:
If you’re convicted of fraud in Canada, the penalties imposed are primarily dependent on the monetary value of the fraud, i.e., fraud over or under $5,000.
Fraud Under $5,000
Fraud Over $5,000
With such severe sentences awaiting you upon conviction, it’s requisite to retain an experienced and knowledgeable criminal defence lawyer when charged with fraud. A lawyer can negotiate with the Crown, advise you on the available options, and build a strong defence to obtain the best possible results as per your case.
In some cases, the Crown may agree to withdraw your charges if you pay the money back. This is called restitution. Whether the Crown will agree to restitution depends on a variety of factors including the type of fraud, the sophistication of the scheme, the value of any losses suffered, and your criminal record, as well as the court resources that will be required to prove the charges and the Crown’s ultimate chance of success.
Insurance companies randomly audit plan members and review their claim history for irregularities. If the company has concerns, they will reach out to the individual being audited and ask for information about the flagged claims or for documentation supporting the claim. You should always contact a criminal defence lawyer before responding to this type of correspondence. Making false benefits claims can not only result in your termination from your employment, but it can also result in criminal charges. Anything you tell the insurance company with respect to the claims can be used against if criminal charges are brought.
Forgery is an offence that is often committed as part of a fraud. Under s. 366 of the Criminal Code, a person commits forgery who makes a false document, knowing it to be false, with intent:
Making a false document includes:
The partners and lawyers at Bytensky Shikhman Barristers are regularly called upon by the media to provide commentary and legal opinion. Mr. Bytensky and Ms. Shikhman are the official legal analysts for CTV News and Newstalk 1010.
Sonya Shikhman at CTV NEWS
Boris Byensky at NewsTalk10101’s The Jerry Agar Show
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Don’t delay – contact an experienced criminal defence lawyer with decades of experience to have the best chance of winning your case.
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