Fraud Under $5000 and Fraud Over $5000

Facing criminal fraud charges can be a devastating experience for anyone, especially those employed in commercial or government settings. Whatever the scale of the offence, the social stigma of criminal fraud charges and the disruptive effect of imprisonment can ruin lives and undermine opportunities for further employment and social life.

The Canadian Criminal Code defines separate paths for the prosecution of fraud, depending on the value of the offence. Therefore, it is critical to understand what is fraud under and over $5,000, what are the penalties for each of these offences, and what your options are when facing a fraud case in Toronto.

What Exactly Is Fraud?

According to the Criminal Code of Canada, someone commits fraud if they “…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.”

Thus, the act of fraud includes distinct elements such as:

  • deceitful act or falsehood or other fraudulent means,

  • loss of property or placing victim’s financial interests at risk,

  • criminal intent, recklessness, or willful blindness.

In most fraud cases, proving intent is crucial. The Crown will try to prove intent by looking into any suspicious circumstances, aka “badges of fraud,” such as secrecy, kickback payments, lack of documentation, or close relationship between relevant parties.

What Is Fraud Under $5,000?

Similar to theft, $5,000 is a dividing line in fraud cases, splitting them into two categories. In Canada, fraud under $5,000 is a hybrid criminal offence that can be proceeded summarily or by indictment. If the Crown chooses to proceed summarily, you may not even have to appear in court, and can choose a fraud charge lawyer to represent you.

Many fraud cases under $5,000 in Toronto occur in retail or similar settings known as shoplifting fraud. These include price manipulations, discount manipulations, fraud with credit cards, and etc. Although the value of such offences can be minimal, fraud under $5,000 is a criminal offence in Canada and should always be taken seriously.

What Is the Possible Penalty For Fraud Under $5,000?

The maximum penalty for fraud under $5,000 is two years in prison. Meanwhile, the severity of the punishment will depend on whether the Crown will choose to proceed summarily or by indictment. The court will also account for the presence of aggravating circumstances, such as premeditated planning, deception, or breach of trust.

If the Crown proceeds summarily, the maximum sentence is 6 months and/or a fine of up to $5,000. However, in indictment proceedings, the maximum penalty increases to 2 years. Meanwhile, in both cases, criminal charges for fraud under $5,000 always come with a criminal record, with different waiting periods before becoming eligible for expungement.

The presence of a criminal record for fraud creates a stigma for employment, finding a residence, and developing a social life. In addition, the court can impose an order prohibiting offenders from obtaining or continuing employment, becoming a volunteer, or having authority over real property or financial assets.

What Is Fraud Over $5,000?

Fraud over $5,000 is known as “white-collar” crime, and is common in such sectors as accounting, banking, or finance. Given the severity of damages, this type of fraud is always treated as an indictable offence, presuming the most severe sentences.

Examples of fraud over $5,000 include withholding material information from potential investors, mortgage fraud, insurance fraud, security fraud, and other similar cases. In addition, the Criminal Code separately mentions cases of fraud where the total value exceeds one million dollars, presuming an additional minimum mandatory sentence.

What Is the Possible Penalty For Fraud Over $5,000?

Those charged with fraud over $5,000 face grievous consequences, given its treatment in the Criminal Code. These consequences have become more severe after amendments instituted in November of 2012, which excluded fraud over $5,000 from eligibility for conditional sentences. Unlike sentences for less serious offences, which can be served under house arrest, the penalty for fraud over $5,000 presumes prison time for the total sentence period.

Therefore, anyone charged with fraud exceeding $5,000 faces a maximum sentence of up to 14 years in prison. In addition, fraud cases over one million dollars include a mandatory minimum sentence of two years.

What Are Your Options When You Are Charged with Fraud?

If you have been charged with criminal fraud in Canada, it is essential to speak to experienced fraud defence lawyers as soon as possible. Building a strong defence strategy prior to your court date is vital for ensuring the most lenient outcome.

When someone is charged with fraud, offering restitution or paying back the money to a victim is a frequently considered option. While this strategy may certainly reduce the consequences of a criminal case, it will not automatically result in the dropping of charges; in many cases, the Crown will choose to proceed with the criminal case considering that prosecution would be in the public’s interest.

It is recommended to avoid speaking about your fraud charges to other people who may later be required to testify against you in court. Moreover, you should not talk to the police before speaking with a criminal defence lawyer.

Experienced fraud lawyers know how to mitigate fraud charges and use evidence to your benefit. Often, a successful defence strategy includes proving the absence of intent and/or badges of fraud, as well as raising reasonable doubt to support an acquittal.

Both frauds under $5,000 and over $5,000 are criminal offences that are fraught with serious penalties, including prison time, prohibition orders, and the stigma of a criminal record. Meanwhile, fraud over $5,000 comes with a maximum penalty of 14 years without the eligibility for conditional release.

If you find yourself facing fraud charges in Toronto, don’t hesitate to contact Vilkhov Law fraud lawyers as soon as possible. Call us on our toll-free number at 866-707-5845 or email us at ivilkhov@vilkhovlaw.ca for a free consultation on how we can help your case.

If you need legal support, contact Vilkhov Law for a free consultation:

Toronto Criminal Defence Lawyer
Etobicoke Criminal Defence Lawyer
Scarborough Criminal Defence Lawyer
Newmarket Criminal Defence Lawyer
Brampton Criminal Defence Lawyer
Mississauga Criminal Defence Lawyer

By |2023-10-18T19:03:49+00:00January 21st, 2022|Fraud|

3.8/5 - (6 votes)

Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Excellent5.0 Based on 148 reviews fromMichie FedericoMichie Federico ★★★★★ Igor and his team were absolutely amazing in helping my daughter out with everything. There were easy to get a hold off and there work is absolutely amazing I highly recommend him and his team.Tony OhTony Oh ★★★★★ Absolutely exceptional! My lawyer provided unwavering support, professionalism, and expertise throughout my case. Igor guided me every step of the way, ensuring I felt heard and protected. I couldn’t have asked for a better advocate. Highly recommended!nnn nnnnnn nnn ★★★★★ I'm very glad that Igor Vilkhov was my lawyer in solving my difficult problems. He is a real high-class professional. Thanks to Igor and his team ( special thanks to Daniel Slobodsky). My case was successfully completed. Excellent professional work with positive results. Highest recommendations! Roman M.Richard HyltonRichard Hylton ★★★★★ I cannot thank Igor enough for his amazing service. I was facing a serious charge that felt overwhelming. But Igor’s calm demeanour and level headed approach to my case gave me reassurance.Thanks to his amazing work everything was completely withdrawn, which allowed me to reclaim my life. I feel free to move forward without the weight of this hanging on my head. Thank God for Igor’s services! If you need a criminal lawyer, hire him!Ryan WiltonRyan Wilton ★★★★★ Igor Vilkhov and his associate Joel Prajs has been an absolutely amazing lawyers to work with, they've saved me copious amounts of grief on my legal matters.Their diligence to my matter and their ability to work with me and my schedule were greatly appreciated.I'd give them higher than 5 star rating if I could, my new number 1 lawyer!!Dennis ParkDennis Park ★★★★★ Igor is an absolute fantastic lawyer and I would highly recommend. I was facing some serious charges and Igor not only got all my charges withdrawn, he was very caring and informative through out the whole process. I owe him very dearly for getting me a second chance at life.Jodi HixonJodi Hixon ★★★★★ My name is Gary Hixon I've had Igor as my lawyer, and he did nothing but worked on my case and he got me worried at first , but because of COVID the first time I actually met him was when he hit my case out of the ball park. He's a great man I recommend him too all. Thank you Igor.Big DOWNEYYYBig DOWNEYYY ★★★★★ Greatness!!!! Mr.Igor Vilkhov and his team did a tremendous job on my stabbing case! He saved my life today I was facing years in the penitentiary for assault and he literally got it reduced to 2 years house arrest. He was an absolute pleasure to work with has a great attitude & I highly recommend him to everyone looking for a defense lawyer. He is definitely one of the TOP LAWYERS in Toronto! Thank you so muchTristan SmithTristan Smith ★★★★★ Igor has been a tremendous help and has saved my life, not just metaphorically. I can't think of a better and more competent person (and team) to have behind you! I just walked out of the courthouse acquitted after trial. I was facing five years in jail. Thank you so much.Zabi AkbariZabi Akbari ★★★★★ Mr. Vilkhov represented me in a trial today and I was found not guilty. I am a professional and this caused a lot of emotional turmoil for me. Igor was amazing during the trial, he absolutely nailed it. Thank you for getting my life back.MARK SINGHMARK SINGH ★★★★★ Igor Vilkov, was the calm in a storm that I thought would never pass. Mr Vilkov always made sure to answer all my questions a concerns . When incarcerated Mr Vilkov always kept in touch with my family . Without his expertise I would have never received such a favourable sentence . He was able to get me a non costodaial sentence for 3 serious charges that could have had me locked up for 2 years or more . Mr Vilkov truly cares about his client's a there family and not just about fees . I would recommend Mr Vilkov to anyone who has been charged he is a true professional.Thompson RanjitsinghThompson Ranjitsingh ★★★★★ Very great SA lawyer very reliable .he will do a very good job in getting you acquitted. Thanks a million igorJoshua RJoshua R ★★★★★ Best lawyer out there thank you for fighting my caseLydia RanjitsinghLydia Ranjitsingh ★★★★★ He's a very good lawyers, he got my son charges drop.Thank youthompson “Aaliyah R.” ranjitsinghthompson “Aaliyah R.” ranjitsingh ★★★★★ KK ★★★★★ So thankful that he got the job done and with reasonable pricing, he was so helpful and respectful throughout the whole process. 5 stars well earned.Sami Life Style (SamSam)Sami Life Style (SamSam) ★★★★★ I was facing very serious charges and was represented by Mr. Prajs. Mr. Prajs and the whole team at Vilkhov law vigorously defended me at trial and my charges were withdrawn. I can recommend Mr. Prajs and the whole Vilkhov team to anyone facing serious allegations.Ysabel AtienzaYsabel Atienza ★★★★★ Igor displays a level of professionalism, knowledge and dedication that puts his clients at ease during a very stressful time. His expertise in criminal law is unparalleled. What sets him apart is his unwavering commitment to his clients. He genuinely cares about his clients’ well-being and will go above and beyond for you!Kevin DKevin D ★★★★★ Igor is a great lawyer and has provided valuable guidance throughout my experience with him. He has always been honest and straightforward which I appreciate very much. I would recommend him to anyone looking for a successful outcome.Narmatha SNarmatha S ★★★★★ Igor is a dedicated and intelligent lawyer, known for his commitment to his clients.I've witnessed firsthand his incredible work ethic and professionalism, which sets a high standard in the legal field. His ability to meticulously research cases and articulate arguments convincingly is truly impressive!Fred BalmerFred Balmer ★★★★★ Experience with Vilkhov Law was great, Igor made all my charges get dropped without any issues. I would highly recommend this firm to everyoneDavinder GillDavinder Gill ★★★★★ Ecem KokEcem Kok ★★★★★ My experience with Vilkhov Law was nothing short of exceptional. Facing a daunting legal battle, looking at significant jail time and scared, I sought Igor Vilkhov's expertise based on his stellar reputation in criminal law. From the initial consultation to the trial, every step was handled with precision and care. His deep knowledge of the law and strategic approach gave me confidence throughout.In a pivotal moment during my case, Igor Vilkhov's dedication and expertise truly shone through, resulting in a favorable outcome that exceeded my expectations. His communication was clear and timely, keeping me informed and reassured at every turn.I am immensely grateful to Igor Vilkhov and the entire team at Vilkhov Law for his unwavering support and tireless effort. His professionalism and commitment are second to none. If you find yourself in need of expert legal representation, look no further than Vilkhov Law. He is simply the best.js_loader

CONTACT US

“Caring, honest, and highly knowledgeable.”

Contact Igor for a Free Consultation!

Please contact us online for a free consultation.
Go to Top