As a Toronto fraud lawyer operating throughout Ontario, I defend a wide range of conduct: one-time financial mistakes, small-time scams, complex schemes involving companies and investors, identity fraud, and credit card theft and fraud. The full provisions are in the Criminal Code of Canada; the Canadian Anti-Fraud Centre publishes detailed information on common fraud schemes.
What Is Fraud?
Fraud occurs when someone, through dishonesty, causes another person or institution to lose money or property. It does not need to involve cash, even misrepresenting information on a form or using someone's credit card without permission can qualify. For most clients, a first-time fraud charge below $5,000 can often be resolved without a criminal record, depending on the amount and circumstances. Paying restitution is often a big factor.
Types of Fraud Offences
Fraud under $5,000 usually involves smaller sums or limited harm. These cases can often be resolved through diversion, discharges, or even withdrawals if restitution is paid and genuine remorse is shown. Related charges may include theft or internet/cybercrime.
Fraud over $5,000 can carry heavier penalties. Courts take these more seriously because they often involve a higher degree of planning, breach of trust, and/or harm. Still, many cases can be resolved creatively if we can show repayment or lack of intent. For more on how the Crown approaches resolution vs. trial, see my guide to criminal trials in Toronto.
How Fraud Cases Are Resolved
I like to get my clients to do upfront work: restitution (paying back at least part of the money), employment stability, financial counselling, or volunteering. Once you've done this, the Crown starts to see you as someone who is turning things around, and they get nervous. If we go to trial and you're convicted, a judge will see your restitution and rehabilitation as powerful mitigating factors, meaning a lenient sentence is more likely. That weakens the Crown's position.
The Crown's office is swamped. When they see a cooperative accused, repayment of stolen funds, and no prior record, they often decide their time is better spent elsewhere. See about Elias for my approach, or our FAQ for common questions.
Aggravating & Mitigating Factors
Aggravating factors include higher dollar amounts, breach of trust, multiple victims, or fraudulent conduct over a long period. Mitigating factors include repayment of funds, early guilty pleas, upfront work like counselling or community service, and proof of rehabilitation. Legal Aid Ontario may be available for those who qualify.
