The word “fraud” evolved from the Latin word “fraus,” which was defined as criminal deception. Merriam-Webster defines fraud as “intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right.” Given that there are numerous ways to “pervert the truth,” there is a broad range of different types of fraud.

What is a Fraud Charge Under Canadian Law?

With so many possible means to engage in fraud, Canada’s Criminal Code provides a broad-based description of potentially fraudulent activity. This allows for a greater degree of prosecutorial discretion in pursuing fraud charges. Section 380(1) of the Criminal Code describes fraud as having two specific elements: 1) a prohibited act of “deceit, falsehood or other fraudulent means;” and 2) that this act deprives the public or specific person of “any property, money or valuable security, or any service.”

Ensuing sections of the Code, along with legal precedents set by court cases, establish “intent” as a crucial component of fraud charges. This means that intent needs to be proved in order to secure a conviction. This also means that people can be charged for their intention to conduct fraud, even if unsuccessful.

Penalties for fraud if convicted under Section 380 depend upon the value of the property involved. Offences involving property valued at less than $5,000 can lead to a maximum prison sentence of two years. Property values greater than $5,000 can result in a maximum prison sentence of up to 14 years. If the property value exceeds $1 million, the minimum sentence is two years imprisonment. In determining penalties, courts consider a number of aggravating factors listed by the Criminal Code. Judges may also consider mitigating factors, such as attempts at restitution, remorse, and absence of a criminal record.

Some fraud types can also be addressed by other sections of the Criminal Code or by other legislation. For example, credit card fraud charges are often brought under Section 342, which covers credit card theft and fraud. Most Tax fraud is typically handled under Section 239 of Canada’s Income Tax Act.

Fraud cases in criminal law tend to be very complicated. When combined with the monetary complexities inherent in many financial transactions, most people charged face stiff challenges in mounting a successful defence. Thus, anyone facing fraud charges in Canada should always seek out the services of a highly competent fraud lawyer.

What Are the Different Types of Fraud?

One might be tempted to say that the number of fraud types is only limited by the ability of people to come up with new ways to pervert the truth. But this is only partially true because new means of fraud also arise with the emergence of new business tools. Thirty or so years ago the various types of check fraud were far more predominant than the few types of internet fraud that started to emerge with that new technology. Today, the number of internet fraud types far surpasses that of check fraud. New and emerging technologies also lead to a merging of fraud types. For example, credit card fraud can also be a form of internet fraud and vice versa.

Describing all of the most common types of fraud is a tall order, but here is a rundown of some of the more common types of business fraud:

Tax Fraud

Unlike most fraud types, prosecution of tax fraud is typically conducted under the auspices of Section 239 of Canada’s Income Tax Act. Tax fraud includes the willful deception in writing or by statement for the purposes of evading tax payment or falsely claiming refunds and/or credits not due. In addition to prison sentences of up to five years, penalties can include extensive fines.

Mortgage Fraud

Mortgage fraud typically involves the deliberate misrepresentation of information for the purposes of obtaining financing that otherwise would not have been granted. There are a variety of mortgage fraud types, but all generally involve deception regarding assets and/or income. Some common forms of mortgage fraud include:

  • Purposely providing misleading information about income sources and work details.
  • Failing to disclose other mortgages or debts.
  • Inflating property values by purposely omitting detrimental property information.
  • Using false purchaser names on mortgage applications.
  • Acting as or using a “straw buyer” with credit to deceptively secure a mortgage.
  • Falsely claiming a rented property is owner-occupied.

Medical Fraud

Medical fraud is considered prevalent world-wide and primarily involves offenders who make false claims and/or produce fake receipts in order to secure unearned medical benefits from insurers. In 2018, the Canadian Life and Health Insurance Association estimated that fraudulent claims account for between two to 10 percent of total private insurer claims in Canada. That equals between $600 million to $3.4 billion per year. Medical fraud charges are usually brought up under Section 380 of the Criminal Code.

Insurance Fraud

Like medical fraud, insurance fraud is widespread. While medical fraud is often a type of insurance fraud, any type of insurance is subject to potential fraud. Knowingly lying on an insurance application or claim can lead to fraud charges, as can any attempt to deceptively claim damages. Charges relating to insurance fraud are generally laid under Section 380 of the Code.

Credit Card Fraud

Most cases of credit card fraud are addressed under Section 342 of the Criminal Code. Charges can be brought for anyone knowingly possessing, using, or selling a credit card(s) that has been forged or altered. People can also be charged with fraud for using a credit card with the knowledge that it has been revoked or cancelled. Penalties for fraud covered under this section of the Code can result in a maximum penalty of 10 years in prison.

Identity Theft Fraud

Most everyone knows that incidents of identity theft have skyrocketed across Canada in the past decade. Section 403 of the Criminal Code provides a fairly definitive description of identity theft under the law. Identity theft fraud basically includes anyone who “fraudulently personates another person, living or dead, with intent:”

  1. To advantage themselves or others
  2. Obtain any property or property interest
  3. Cause disadvantage or harm to the person being impersonated or others
  4. To avoid arrest, prosecution or otherwise obstruct justice.

Such fraud isn’t limited to using a person’s identifying information but can also involve the act of pretending to be another person in conjunction with the above.

Internet Fraud

Internet fraud is so wide encompassing that fraud-related charges are liable to be laid under several different sections of the Criminal Code. Because internet fraud often involves credit cards and/or unauthorized use of a computer, charges can be laid under Section 342. Charges might also be laid in relation to Section 403 covering identity theft. And, because such fraud often intrudes on privacy, Section 184 might also might be involved. In short, internet fraud-related charges can prove especially complex and call for the expertise of an experienced fraud lawyer.

By |2023-08-11T10:34:16+00:00January 15th, 2021|Fraud|

5/5 - (1 vote)

Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Excellent5.0 Based on 132 reviews fromQais MohammadiQais Mohammadi ★★★★★ Professional Service Thank you Mr Igor VilkhovKK ★★★★★ 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.Rhea OXXORhea OXXO ★★★★★ Jessie TeixeiraJessie Teixeira ★★★★★ I would like to thank Igor Vilkhov and his dedicated team for their professional assistance in dealing with my matter. I could not be happier about the way my matter was handled and am very satisfied with the result.Annabella FusaroAnnabella Fusaro ★★★★★ Igor Vilkhov was an amazing Lawyer. I met him through one of his colleagues and one thing I can say he fights for your rights and he doesn’t amazing job. He was so patient and kind with me. I’m very grateful for the outcome of my case. May god bless Igor And the amazing work he does.AnnabellaXuan LinXuan Lin ★★★★★ Hello my name is Leon I got charged with SA in 2021 in relation to a young complainant. I have been looking about 10 lawyer all of then is bad and lie all they care is money never help my case .Until I meet Igor I told him what happened he told me no worry he will try his best for help me . And this year May I won the case I just can't believe it Igor is best lawyer he is legendary . Guy you should believe in Igor he is really good. His preparation was meticulous and was acquitted. He saved my life.ChrisChris ★★★★★ The Best Lawyer In my opinion. A legal Tactician in the modern day criminal justice court systems. Very professional service. Great Techniques and Extremely knowledgable and Highly talented and recommended team.I’m 37 old Newfoundlander who is not well spoken but this was an easy to write.Nikolai Wheeler-BalazevNikolai Wheeler-Balazev ★★★★★ I want to start off this review by thanking Mr.Vilkhov for handling my case, Igor got my case resolved in a timely manor, i had previously been going to court for my case for about a year, and when i had gotten Mr.Vilkhov as my lawyer he had my case resolved and all my charges withdrawn in a matter of days. If anybody is looking for a lawyer i would urge you to go with Mr.Vilkhov, he knows what he is doing and knows how to do it quickly.Shannan HarrisonShannan Harrison ★★★★★ Mr. Vilkhov is an outstanding lawyer, I just avoided a lengthy jail sentence because of him. I literally cannot believe what he was able to do for me. The judge in court praised him for his work, thank you so much.Anoop RAnoop R ★★★★★ One of the best law firms in town! Highly recommended. Just retain them. They'll do the rest.ARRARR ★★★★★ I was falsely accused and charged with a serious offence. All it took was just one phone call from the complainant. As an immigrant, it was a nightmare. Fortunately Igor was the first person whom I contacted and I knew he was the one and I retained him. Beware of the lawyers who try to scare you, make you feel insecure. From the first phone call, he never made me feel insecure. He was confident that he can get the work done. Igor and Daniel promptly attended all my court dates. It took a while to achieve the resolution and finally my case was unconditionally withdrawn. I can't thank him enough. As Igor is a busy person, I was getting updates regularly from Daniel. I would give six stars to Daniel. Igor should never let him go. I would definitely recommend this law firm. You might sometimes feel that Igor is late in responding, but he'll be putting all his efforts behind the scene. Just have faith in him. I wish Igor and Daniel all the best.Brandon ABrandon A ★★★★★ Igor was fantastic to work with. He was always very quick to respond and answered any questions I had at any time during the process. I'm so impressed for his amazing and efficient work - he was able to have any charges against me dropped. I highly recommend Igor to anybody that's currently facing legal trouble. He truly exceeded my expectations and I'm so grateful for everything. Thank you Igor!Maria AgasMaria Agas ★★★★★ I was very impressed with his professionalism, swift responses and attention to detail. He was proactive and always communicated next steps. I’m so happy we came across Igor and his team. Igor is amazing and wonderful lawyer.Cindy LiCindy Li ★★★★★ I cannot express my gratitude enough for the exceptional legal representation provided by Igor. Facing wrongful accusations was a harrowing experience, but Igor's expertise and dedication swiftly turned the tide in my favor. He navigated the complexities of the case with professionalism, demonstrating remarkable intelligence and a deep understanding of the legal system. Thanks to his efforts, the charges were withdrawn in a timely manner, allowing me to move forward with my life. Igor is not just a good lawyer; he is an outstanding advocate for his clients. I wholeheartedly recommend his services to anyone in need of top-notch legal assistance.George ArellanoGeorge Arellano ★★★★★ Mr. Vilkhov got my charges withdrawn today after a very stressful time in my life. I hired him because of his reviews and I am not surprised that I got this result. I appreciate him and his team. Igor literally dedicates his entire life for his clients.Latch RamoutarLatch Ramoutar ★★★★★ I am sitting here at 10 Armoury street after my charges were just withdrawn. I cannot thank Igor enough for what he has done for me. This was supposed to be a trial where I was facing a ten year jail sentence. Somehow Igor got my charges dropped. This man is the lawyer you need, hands down. Also a very nice person.Emad MEmad M ★★★★★ Do not blink! Go with him.I know for stressful this process might be an how awful law system might be treating you, also how difficult it might be to trust someone with your “life”.Igor knows what he is doing and he saved my partner and I from false accusations of a jealous individual!He didn’t over charge, he didn’t hold back on any help a lawyer could possibly provide.This man is the best saviour one can ask for in these situations.Christa DuchenoChrista Ducheno ★★★★★ No kidding, if you need an attorney and You want the Best lawyer to defend you and your rights in the legal system I’d definitely recommend you call Igor Vilkhov.I am completely and gratefully satisfied with His professional guidance, knowledge of the complex legal system and most of all for saving my life. I give Igor and his Team my hands heart shout out Thank You for your dedication, I couldn’t have gotten through it without Y’all.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