Ines Gavran
Toronto White Collar Bank Business Fraud Breach of Trust Criminal Defence Lawyer
Fraud related consequences are extremely serious and carry hefty imprisonment sentence, including full restitution.
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Criminal Defence Lawyer white collar crim bank business fraud breach of trust charges – Toronto, Brampton, Mississauga, North York
Fraud is a very serious financial criminal offence falling under “white collar crimes”. Generally, fraud is committed in the course of business or in a situation that is not strictly business-related but involves a breach of trust situation. Depending on the circumstances of the offence, the related consequences are extremely serious and carry hefty imprisonment sentence, including full restitution.
FRAUD
Criminal Code
What is Fraud, Business Fraud, Bank Fraud
Under section 380(1) of the Criminal Code, it is an offence to defraud the public or any person by deceit, falsehood or other fraudulent means, of any property, money or valuable security or any person. There are two types of fraud: fraud over $5,000 is where the value of the subject-matter exceeds $5,000 and fraud under $5,000 where the value is under $5,000. Breach of a duty of trust or quasi-trust is included in the definition of “other fraudulent means”, along with using corporate funds for personal purposes and unauthorized arrogation of funds.
Fraud in the course of a business involves a situation where, for example, a person operates a business and fraudulently accepts payments from its customers without providing the agreed-upon services. An example of bank fraud involves a situation where a bank employee divers bank clients’ funds into their own personal account for personal use.
Punishment for Fraud, Bank fraud, Business fraud breach of trust
The maximum imprisonment sentence for fraud over $5,000, a straight indictable offence, is 14 years where. For fraud under $5,000, where the matter proceeds by indictment, the maximum jail sentence is 2 years, and if the matter proceeds by summary conviction, 6 months and/or $5,000 fine. However, for all summary conviction offences committed after September 21, 2019, the maximum penalty of imprisonment has increased to 2 years less a day.
Where a person is convicted of committing fraud, the court will consider a number of factors to justify the imposition of a higher sentence. Some of these aggravating factors include the complexity of the fraud, degree of planning of the fraud, potential or actual adverse effects to stability of the Canadian economy or financial system, whether it involves a large number of victims, impact on the victim considering their personal circumstances and lack of compliance with a licensing or professional standard. A separate but important aggravating factor is if the value of the fraud committed exceeds one million dollars.
At Gavran Criminal Defence, our philosophy is that dedication, attention to detail, well prepared strategy and effective advocacy is what secures the best results.
If you are charged with simple fraud, bank fraud, business fraud or fraud committed in the context of breach of trust, call Gavran Criminal Defence immediately at (647) 624-6324 to schedule your initial consultation.
Call Toronto-based Criminal Defence Lawyer Ines Gavran today!
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