Fraud & Financial Crime Offences:

Fraud and Property Offence Charges

Fraud and financial crime offences are part of the broader category of property and theft offences.  Depending on the allegations, related charges may include fraud under $5,000, fraud over $5,000, credit card fraud, identity theft, identity fraud, theft, possession of property obtained by crime, and other Criminal Code offences.

Each offence has its own legal definition, evidence requirements, possible penalties, and potential defences.  For a broader overview of related offences, visit the Property & Theft Offences page.

Important Things to Know About Fraud Charges

• Fraud allegations usually involve dishonesty, deception, false information, or misrepresentation.
• The value of the alleged loss may affect the charge and possible penalties.
• Fraud charges may involve individuals, businesses, banks, employers, retailers, or government agencies.
• The Crown prosecutor must prove the charge beyond a reasonable doubt.
• A conviction may result in a criminal record, restitution, fines, probation, or imprisonment.
• Financial records, documents, electronic records, banking records, and witness evidence often become important.
• Possible defences may involve intent, knowledge, identity, mistake, authorization, lack of loss, or lack of proof.

Common Fraud and Financial Crime Offences

Fraud and financial crime offences may involve many different allegations.  The following pages provide more information about common fraud-related charges.

• Fraud Under $5,000 – fraud allegations involving value under $5,000
• Fraud Over $5,000 – fraud allegations involving value over $5,000
• Credit Card Fraud – allegations involving unauthorized or dishonest use of credit card information
• Identity Theft – allegations involving possession or use of another person's identity information for a fraudulent purpose
• Identity Fraud – allegations involving dishonest use of identity information

What Are Fraud and Financial Crime Offences?

Fraud is a criminal offence under the Criminal Code of Canada.  In plain language, fraud generally involves dishonest conduct that causes, or risks causing, financial loss to another person, business, organization, or institution.

Financial crime offences may involve false documents, unauthorized transactions, account misuse, identity information, credit cards, online activity, business records, insurance claims, or other financial information.

The seriousness of the allegation may depend on the amount involved, the number of transactions, the type of victim, the accused person's history, and the evidence available.

Criminal Code Sections

Fraud and financial crime offences may involve several Criminal Code sections depending on the allegations.

• Section 380 – Fraud
• Section 342 – Credit card offences
• Section 402.2 – Identity theft
• Section 403 – Identity fraud
• Section 354 – Possession of property obtained by crime

The specific Criminal Code section depends on the charge, the evidence, and the conduct alleged.

What Must the Crown Prove?

In every fraud or financial crime case, the Crown prosecutor must prove the charge beyond a reasonable doubt.

Depending on the allegations, the Crown may need to prove:

• The identity of the accused person
• That the accused person engaged in dishonest conduct, deception, falsehood, misrepresentation, or unauthorized use
• That money, property, services, credit, identity information, or another benefit was involved
• That another person, business, or organization was put at risk of financial loss
• That the accused person had the required knowledge or intent
• That the conduct meets the legal definition of the offence charged
• That no legal defence creates a reasonable doubt

If the Crown cannot prove every required element beyond a reasonable doubt, the accused person cannot be found guilty.

Common Fraud and Financial Crime Allegations

Fraud and financial crime charges may arise from many different situations, including:

• Unauthorized use of credit cards or banking information
• False invoices or billing allegations
• Employee fraud or workplace fraud allegations
• Insurance claim allegations
• Government benefit allegations
• Online marketplace or e-transfer allegations
• Cheque, loan, or financing allegations
• Use of another person's identity information
• Business record or accounting allegations
• Allegations involving multiple transactions or multiple complainants

The facts, financial records, digital evidence, documents, witness statements, transaction history, and surrounding circumstances often become important issues in these cases.

Fraud Under $5,000

Fraud under $5,000 generally involves allegations that the value of the alleged loss or risk of loss was under $5,000.

These cases may involve retail transactions, online sales, small business disputes, benefit allegations, workplace allegations, or other financial matters.

For more information, visit the Fraud Under $5,000 page.

Fraud Over $5,000

Fraud over $5,000 generally involves allegations that the value of the alleged loss or risk of loss exceeded $5,000.

These cases are generally treated more seriously because of the amount involved and may include business records, banking records, financial documents, or multiple transactions.

For more information, visit the Fraud Over $5,000 page.

Credit Card Fraud

Credit card fraud allegations may involve unauthorized use of a credit card, possession or use of credit card data, online purchases, tap transactions, stolen cards, or use of card information without permission.

These cases may involve banking records, surveillance footage, transaction records, device evidence, receipts, or witness statements.

For more information, visit the Credit Card Fraud page.

Identity Theft and Identity Fraud

Identity-related offences may involve allegations concerning another person's name, date of birth, address, identification documents, account information, social insurance number, financial information, or other identifying information.

Identity theft generally focuses on obtaining or possessing identity information for a fraudulent purpose.  Identity fraud generally focuses on using identity information dishonestly or unlawfully.

• Identity Theft
• Identity Fraud

Possible Penalties for Fraud and Financial Crime Offences

The possible penalties depend on the charge, the value involved, the number of transactions, the accused person's history, the Crown's position, and the outcome reached in court.

• Criminal record
• Probation
• Restitution orders
• Fines
• Community service
• Forfeiture of property in some circumstances
• Travel restrictions
• Immigration consequences
• Employment and licensing consequences
• Professional discipline consequences
• Imprisonment in some circumstances

Fraud-related convictions can have serious consequences because they often involve allegations of dishonesty.

Restitution and Financial Loss

Restitution may be requested where the Crown alleges financial loss.  A restitution order may require repayment for money, property, services, credit, replacement costs, or other losses connected to the offence.

The amount of alleged loss may become an important issue during resolution discussions, sentencing, or trial.

Related Property & Theft Offence Charges

Some fraud and financial crime allegations may overlap with other property-related charges depending on the facts, value involved, documents used, identity information involved, or property obtained.

• Fraud Under $5,000 – fraud allegations involving value under $5,000
• Fraud Over $5,000 – fraud allegations involving value over $5,000
• Credit Card Fraud – allegations involving unauthorized or dishonest use of credit card information
• Identity Theft – allegations involving another person's identity information
• Identity Fraud – allegations involving dishonest use of identity information
• Theft Offences – overview of theft-related criminal charges
• Possession of Property Obtained by Crime – allegations involving property believed to be obtained through criminal activity

Additional information about these offences can be found on the Property & Theft Offences page.

Possible Legal Defences to Fraud and Financial Crime Charges

A defence to a fraud or financial crime charge depends on the specific facts, evidence, disclosure, documents, financial records, and legal issues involved.  Not every defence applies to every case.

Possible issues may include:

• The accused person did not commit the alleged conduct
• The accused person was wrongly identified
• The accused person had authorization
• The accused person did not act dishonestly
• The accused person did not intend to defraud anyone
• The matter is a civil dispute rather than a criminal offence
• The value of the alleged loss is disputed
• The financial records do not support the allegation
• The evidence does not prove the charge beyond a reasonable doubt
• Witness evidence is unreliable or inconsistent
• The allegation is mistaken, incomplete, or exaggerated
• Police may have breached Charter rights
• There may have been an unlawful search, seizure, detention, arrest, or statement issue

The best defence strategy depends on the evidence, disclosure, circumstances, and the accused person's goals.

Court Process for Fraud and Financial Crime Charges

The court process can vary depending on the circumstances.  Many fraud and financial crime cases involve:

1. Police investigation
2. Review of financial records, documents, transactions, or digital evidence
3. Arrest or charge
4. Release from custody or bail process, where required
5. First court appearance
6. Review of disclosure
7. Crown screening and resolution discussions
8. Restitution or repayment discussions, where applicable
9. Judicial pre-trial or Crown pre-trial, where required
10. Trial preparation
11. Trial or negotiated resolution
12. Sentencing, if applicable

Understanding each step can help you make informed decisions throughout the court process.

Fraud and Financial Crime Charges Should Be Taken Seriously

A fraud or financial crime charge can affect more than the immediate court case.  It may affect a person's criminal record, employment, travel, immigration status, professional licensing, security clearance, and future opportunities.

Because fraud allegations often involve dishonesty, they can create serious employment, licensing, and reputation concerns even where the amount alleged is not large.

Every fraud case depends on the specific facts, evidence, records, intent, authorization issues, and surrounding circumstances.

Frequently Asked Questions About Fraud and Financial Crime Charges

What is the difference between fraud under $5,000 and fraud over $5,000?

The difference is the value of the alleged loss or risk of loss.  Fraud under $5,000 involves value under $5,000.  Fraud over $5,000 involves value above $5,000 and is generally treated more seriously.

Can I get a criminal record for fraud?

A conviction may result in a criminal record and other long-term consequences.

Is fraud always intentional?

The Crown must prove the required dishonest conduct and intent.  Mistake, misunderstanding, authorization, or lack of intent may be important issues depending on the facts.

Can a business dispute become a fraud charge?

Some business disputes may lead to fraud allegations, but not every financial disagreement is criminal.  The Crown must prove the criminal offence beyond a reasonable doubt.

What is restitution?

Restitution is a court order requiring payment for certain financial losses connected to the offence.

Can fraud affect employment?

Yes.  Fraud allegations and convictions can affect employment, professional licensing, background checks, security clearance, and future opportunities.

Can fraud affect immigration status?

For non-citizens, criminal charges and convictions may have immigration consequences and should be reviewed carefully.

What should I bring to a legal consultation?

Bring police paperwork, court documents, release documents, disclosure, financial records, emails, text messages, banking records, receipts, contracts, invoices, screenshots, and any documents connected to the allegation.

Don't See Your Charge Listed?

The charges discussed on this website cover many common property, theft, fraud, and financial crime allegations, but they do not cover every possible charge under the Criminal Code of Canada.

If you have been charged with an offence that is not listed, are facing multiple charges, have received a summons, appearance notice, undertaking, release order, probation order, or court date, contact Marketing.Legal™ for information about your situation.

Understanding your legal rights and options early can help you make informed decisions and avoid unnecessary complications.

Key Takeaways

• Fraud and financial crime offences involve allegations of dishonesty, deception, false information, unauthorized use, or misrepresentation.
• The value of the alleged loss may affect how the charge proceeds and the possible penalties.
• The Crown prosecutor must prove the charge beyond a reasonable doubt.
• Fraud cases often depend on documents, financial records, digital evidence, witness evidence, and intent.
• A conviction may result in a criminal record, restitution, fines, probation, employment consequences, immigration consequences, or imprisonment.
• Possible defences depend on authorization, intent, identity, knowledge, value, records, and disclosure.
• Fraud and financial crime offences are part of a broader group of property and theft offences.

Conclusion

Fraud and financial crime offences can involve many different allegations, including fraud under $5,000, fraud over $5,000, credit card fraud, identity theft, identity fraud, workplace allegations, banking issues, online transactions, or business-related disputes.

Because these cases often depend on documents, transaction records, financial information, digital evidence, witness statements, and the accused person's intent, careful review of disclosure is important.

Understanding the allegations, reviewing the evidence, and considering available legal options can help a person make informed decisions throughout the criminal court process.