Fraud & Financial Lawyer in Barmpton, ON | Financial Lawyer
If you have been charged with fraud cases, contact our Brampton criminal lawyer as soon as possible to discuss this serious charge.
Fadi Matthew Kazandji is a distinguished criminal and fraud lawyer in Brampton, ON, recognized for his exceptional legal acumen. With a proven track record in criminal law, particularly in fraud cases, Mr. Kazandji is a trusted advocate committed to achieving favourable outcomes for his clients.
We offer complimentary consultations with our team of skilled fraud lawyers in Brampton, ON, to explore how we can assist you. Our areas of expertise encompass various legal matters, including bail hearings, assault, Sexual Offences, robbery, drug-related offences, impaired by drugs, youth offences, fraud law, and weapons and firearms charges.
While our Fraud Charges services are centred in Brampton, ON, we extend our representation to clients across the Greater Toronto Region, encompassing areas such as Oakville, Mississauga, Milton, and Burlington.
What is Fraud Crime in Canada?
380 (1) Everyone 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,
(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject matter of the offence is a testamentary instrument or the value of the subject matter of the offence exceeds five thousand dollars or
(b) is guilty
(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years or
(ii) of an offence punishable on summary conviction,
where the value of the subject matter of the offence does not exceed five thousand dollars.
How Is Fraud Detected in Brampton, ON?
In proven fraud cases, the perpetrator—a person who commits a harmful, illegal, or immoral act—may be found guilty of a criminal violation or a wrongful act in Brampton, ON.
Fraudsters may seek monetary or non-monetary assets when they make false representations. For example, lying about one’s age to get their driver’s license, criminal background to get a job, or income to receive a loan could all be considered fraudulent.
Fraudulent conduct should not be confused with a “hoax,” a purposeful deceit or false statement to financially gain or harm another person.
Fines and/or imprisonment may be imposed on criminal fraud perpetrators. Victims of civil fraud may file lawsuits seeking monetary restitution from the wrongdoer.
To win a civil fraud court case, the victim must have suffered genuine damages. In other words, the fraud must have succeeded. On the other hand, criminal fraud can be punished even if it fails.
Furthermore, a single fraudulent act can be pursued both criminally and civilly. As a result, a person charged with fraud in criminal court may be sued by the victim or victims in civil court.
Fraud is a serious criminal offence. Anyone who believes they have been a victim of fraud or who has been accused of fraud should always seek the advice of a competent attorney. You should contact our experienced Brampton criminal lawyer right away.
Necessary Elements of Fraud in Brampton, ON?
While the intricacies of fraud legislation differ from province to province and from federal to provincial, five fundamental factors must be proven in court to prove that a fraud offence has been committed:
1. Misrepresentation of a material fact:
A false statement about a material and relevant fact must be made. The seriousness of the false statement should be such that it significantly impacts the victim’s decisions and behaviour. For example, this false statement may influence a person’s decision to buy a product or authorize a loan.
2. False statement made with knowledge:
The person making the statement must know if it is incorrect or false.
3. Intent to deceive:
The false statement had to be made with the explicit purpose of deceiving and influencing the victim.
4. The victim’s reasonable reliance:
In the court’s view, the extent to which the victim relies on the false statement must be reasonable. It’s possible that relying on hyperbolic, absurd, or impossible statements or claims isn’t “reasonable.” However, if the criminal willfully takes advantage of a person who is illiterate, incompetent, or otherwise mentally impaired, civil damages can be charged.
5. Actual loss or injury:
The victim incurred some actual loss due to their reliance on the misleading information.
Legal Consequences of Fraud In Brampton, ON
Engaging in fraudulent activities in Brampton, ON, can lead to significant legal repercussions, including criminal and civil actions. Individuals facing criminal fraud charges could face monetary fines and imprisonment, while civil cases may result in compensatory damages and financial penalties.
The gravity of these consequences often depends on the nature of the fraud and the individual’s criminal record. Moreover, being convicted of fraud can tarnish a person’s reputation and adversely affect their employment opportunities in the future.
Fraud is considered a grave offence, and individuals who believe they might be implicated in such activities are strongly advised to consult with a legal professional in Brampton, Ontario.
Fraud Over $5,000 in Brampton, Ontario
In Brampton, ON, fraud exceeding $5,000 is treated as a grave criminal act, potentially leading to harsh penalties if a conviction is secured. Those found guilty could face up to 14 years behind bars, although the actual sentence will vary based on the case details, the defendant’s prior criminal activities, and the judge’s judgment.
A conviction for fraud not only risks imprisonment but may also compel the offender to compensate the fraud victims through restitution, in addition to possible fines and mandated community service. A fraud conviction on one’s criminal record can severely hamper future employment opportunities and tarnish one’s reputation.
Notably, fraud over $5,000 falls under the category of an indictable offence in Canada, granting Crown prosecutors the choice to pursue the case as either a summary conviction or an indictment based on the fraud’s specifics, available evidence, and the defendant’s criminal history.
Anyone accused of fraud is strongly advised to consult a skilled Brampton criminal defence lawyer. Professional legal advice is crucial for understanding the charge’s potential outcomes and developing an effective defence strategy.
Fraud Under $5,000 in Brampton, Ontario
In Brampton, fraud involving amounts less than $5,000 is treated as a less severe criminal offence than fraud involving more than $5,000. Nonetheless, the repercussions of a conviction can be substantial. Individuals found guilty could face a maximum sentence of up to two years less a day in prison and be fined up to $5,000.
Beyond prison time and financial penalties, those convicted of fraud under $5,000 might also be required to make restitution payments to the frafraud’sctims and be mandated to perform community service as the court orders. Additionally, having a criminal record for fraud can adversely affect oneone’sployment opportunities and tarnish their reputation.
As a hybrid offence in Canada, fraud prosecutions in cases under $5,000 can proceed either by summary conviction or indictment. The choice depends on various factors, including the specifics of the fraud, the evidence available, and the accaccused’sevious criminal history.
Given the serious legal and personal ramifications of a fraud conviction, it is crucial for individuals facing such charges to seek the counsel of an experienced Brampton criminal defence attorney. This legal support is essential for understanding the nature of the charges, exploring the potential outcomes, and developing an effective defence strategy.
Other Legal Consequences
In most cases involving fraud, returning stolen property or reimbursing the monetary amount does not stop legal proceedings. Such actions, however, might be leveraged during negotiations between the defence attorney and prosecutors to secure a reduced penalty possibly.
Individuals with fraud convictions on their criminal records may face significant challenges in securing employment, finding housing, or travelling to places like the United States. The long-lasting impact of fraud or any criminal conviction can affect one’s life for many years.
Why Hire Our Trusted Criminal Lawyer Brampton, ON for Fraud Charges?
If you, a family member, or a loved one has been charged with Fraud or other charges like Public mischief, Break and enter, Threats, Forgery, Mischief, Shoplifting, Theft, and Proceeds of crime, you need experienced, dedicated, and committed representation. At FMK Law Group, our Brampton criminal lawyers have the knowledge, dedication, and commitment that cases of this nature require.
We can help you navigate these difficult times and work tirelessly to achieve the best results possible for your case. Contact us at (647) 269-8414 to speak with one of our experienced criminal lawyers Brampton.
- Call us for a FREE Consultation
- (647) 269-8414