FRAUD LAWYER TORONTO

Fraud charges in Toronto are among the most serious criminal matters a person can face, not only because of the potential for significant prison sentences but also because of what a conviction means for your reputation, your career, and your future. A fraud conviction is treated as a crime of dishonesty. It can result in immediate professional consequences before your case has even been resolved, including suspension of professional licences, asset seizure, and loss of employment. At Goodman Berman, Barristers, we defend the full range of fraud charges in Toronto and across the GTA. Your case is handled directly by an experienced criminal defence lawyer from your first call.

What is fraud under the Criminal Code

Fraud is defined under s.380 of the Criminal Code as defrauding the public or any person of property, money, valuable security, or service, by deceit, falsehood, or other fraudulent means. The Crown must prove beyond a reasonable doubt that you intended to defraud and that the conduct put the complainant at risk of financial loss; actual loss does not need to have occurred. Intent is the most frequently contested element in fraud prosecutions and the foundation of most successful defences.

Fraud charges we defend

Fraud over $5,000 

Fraud over $5,000 is a straight indictable offence — the most serious category. These cases frequently involve complex financial evidence, large volumes of documents, and extended investigations by police financial crime units. The Crown takes these matters seriously and will invest significant resources in prosecution.

Penalties:

• Asset forfeiture orders and restitution orders are common
• Maximum 14 years imprisonment
• A mandatory minimum sentence of 2 years applies where the value of the fraud exceeds $1 million
• Aggravating factors — position of trust, multiple victims, impact on victims — increase sentencing exposure significantly
• Asset forfeiture orders and restitution orders are common

Fraud under $5,000 

Fraud under $5,000 is a hybrid offence — the Crown can proceed summarily or by indictment. These cases include retail fraud, minor deception, and low-value financial misrepresentation.

Penalties:

• Summary conviction: maximum 2 years less a day
• Indictment: maximum 2 years

Types of fraud we defend

Fraud charges in Toronto can arise from a wide range of alleged conduct including identity theft, mortgage fraud, insurance fraud, bank fraud, credit card fraud, internet fraud, embezzlement, tax evasion, forgery, charity fraud, and pyramid schemes. Each involves distinct evidentiary issues and defence approaches. Common fraud matters we defend include:

• Identity theft and identity fraud
• Mortgage fraud — including allegations against brokers, appraisers, and borrowers
• Insurance fraud — including vehicle, property, and personal injury claims
• Credit card and bank fraud
• Fraud by misrepresentation in a business context
• Embezzlement and breach of trust
• Benefits fraud — including CERB, ODSP, and employment insurance fraud
• Internet and online fraud

Immediate consequences of a fraud charge

Unlike many criminal charges, fraud allegations frequently trigger serious professional and financial consequences before any finding of guilt:

Fraud cases can trigger immediate asset seizure and professional licence suspension before trial. Depending on your profession and the nature of the allegations:

• Professional licences — regulated professionals including lawyers, accountants, real estate agents, mortgage brokers, financial advisors, and healthcare workers may face immediate reporting obligations to their regulatory body and potential suspension pending resolution of the criminal matter
• Employment — many employers in finance, banking, and related sectors treat a fraud charge as grounds for suspension or termination regardless of outcome
• Asset restraint orders — the Crown can apply for restraint orders freezing your assets before conviction in serious fraud matters
• Reputation — fraud allegations frequently become public through court records and media reporting, with consequences that extend well beyond the legal outcome

This is why retaining experienced counsel immediately — before making any statements to police, employers, or regulators — is critical.

How we defend fraud charges

Lack of intent 

The single most important element the Crown must prove in every fraud case is that you intended to defraud. Fraud charges sometimes arise from misunderstandings, business disputes, accounting errors, or innocent mistakes. Where the accused genuinely did not intend to deceive — or did not understand that their conduct was fraudulent — the Crown cannot establish the required mental element. Your lawyer will examine all the circumstances to identify whether genuine intent to defraud can actually be proven beyond a reasonable doubt.

You were a victim, not a perpetrator 

It is not uncommon for people to be unknowingly used in a fraud scheme, for example, as an unwitting money mule in a romance scam, as an innocent party to a fraudulent mortgage transaction, or as an employee following instructions without knowledge of the fraud. Where you were yourself deceived, the Crown must prove your knowledge of the criminal nature of the conduct, and without that proof, there is a genuine defence.

Restitution as a path to resolution 

In some instances an offer to pay back the money or value of the property may result in an agreement with the Crown whereby they withdraw the charges instead of prosecuting a time-consuming and difficult case in court. Restitution is not an admission of guilt; it is a recognized and frequently effective path to resolution, particularly in lower-value fraud matters where the Crown’s resources are finite and the complainant’s primary interest is recovery of the loss.

Challenging the documentary evidence 

Fraud prosecutions frequently rely on large volumes of financial records, emails, contracts, and transactional data. Daniel Brown Law has often identified significant problems with the documentation underlying a fraud prosecution and achieved acquittals for clients facing serious fraud charges. Your lawyer will scrutinize the entire disclosure, how documents were obtained, whether they establish what the Crown claims, and whether there are inconsistencies or gaps in the evidence chain.

Charter challenges 

Fraud investigations frequently involve search warrants for homes, offices, computers, and financial records, as well as production orders for banking records, emails, and cell phone data. If any of this evidence was obtained in breach of your Charter rights, an invalid warrant, an unlawful search, or failure to advise of right to counsel, your lawyer will bring a Charter application to exclude it.

Wilful blindness 

The Crown may allege wilful blindness — that you deliberately avoided knowing about the fraud — as a substitute for actual knowledge. This is a highly technical area of law that requires careful analysis of what you actually knew, what steps you took, and whether the circumstances truly support an inference of deliberate ignorance.

Consequences of a fraud conviction

A fraud conviction is treated as a crime of dishonesty — one of the most damaging categories of criminal record for long-term consequences:

Employment — a fraud conviction disqualifies you from virtually any position of financial trust. Employment in banking, finance, accounting, insurance, real estate, government, healthcare administration, and any regulated industry becomes extremely difficult or impossible.

Professional licensing — most regulatory bodies treat a fraud conviction as grounds for revocation or suspension of professional licences. This applies to lawyers, accountants, real estate brokers, mortgage agents, financial advisors, and many others.

Travel — a fraud conviction can make you inadmissible to the United States and other countries. This is particularly significant for professionals who travel for business.

Immigration — for non-citizens, a fraud conviction can trigger deportation proceedings or render you inadmissible for permanent residence or citizenship. The seriousness of the immigration consequence is proportional to the sentence received.

Restitution orders — courts routinely order convicted persons to repay the full value of the fraud to the complainant, in addition to any fine or custodial sentence. These orders can be enforced civilly and follow you regardless of bankruptcy proceedings in most circumstances.

Reputation — fraud convictions are matters of public record and frequently reported by media in higher-value cases. The reputational consequences can outlast every other aspect of the sentence.

Frequently Asked Questions