White-Collar Crime2020-12-15T17:26:29+00:00

What is white-collar crime?

White-collar crime is not a crime in and of itself (i.e. there is no Criminal Code offence called “white-collar crime”). Instead, white-collar crime is a broad category used to describe occupational and corporate crimes. The category consists of crimes that are committed either behind the desk at work or in the corporate boardroom. These offences are often committed through deceit and for financial gain. White-collar crime ranges from offences such as an under $5,000 fraud charge to a multi-million dollar Ponzi scheme.

White-collar crimes usually involve people in businesses that have a position of authority and access to sensitive information. This position of authority often gives them the means to commit the offence.

White-crimes are just as severe and serious as any other criminal charge. The stakes are often very high, and a lawyer’s expertise is often integral to combat these charges.

What does white-collar crime include?

As mentioned, white-collar crime is an umbrella term. Not only are there prohibitions on these offences in the Criminal Code, many fall under other regulatory frameworks. White-collar crime includes, but is not limited to:

  • Criminal embezzlement
    • “Criminal embezzlement” is not named in the Criminal Code. Instead, it is usually prosecuted through the offences of fraud and theft. A person is guilty of embezzlement of corporate funds when they withhold assets (such as money) for the purpose of theft or to be used elsewhere for a purpose other than what it was intended for.

For more information on fraud, please visit X.

  • Money laundering
    • A person commits money laundering, also known as laundering the proceeds of crime, when they transfer money in order to conceal the fact that it was obtained through a criminal act.
  • Tax fraud and evasion
    • A person commits tax evasion when they (individually or through their business) intentionally ignore Canadian tax laws and attempt to avoid taxes that they otherwise would owe. You can be prosecuted under the fraud provisions in the Criminal Code. It is important to note that the Income Tax Act and the Excise Tax Act also outline penalties for tax evasion.
  • Manipulation of stocks and insider trading
    • There are specific Criminal Code provisions against the manipulation of stocks and insider trading (found at section 382 and onwards). Insider trading is buying or selling stock by knowingly using information that you possess by virtue of your position and/or professional relationship. You can also be held liable for “tipping” (i.e. conveying inside information to a person, knowing there is a risk they will use it). It is important to note that the Ontario Securities Act also has prohibitions on insider trading.

It’s vital to hire a lawyer

Being charged with a white-collar crime is a stressful and tolling experience. Crimes that are considered to be white-collar can carry serious sentences and can have long-standing repercussions. They can be complex and include documents that are difficult to understand. A lawyer is best placed to review these documents and decide whether outside expertise is needed.  It is important to seek professional advice from a lawyer about your rights from the beginning.

A lawyer can also do much more. They can:

  • Work to secure your release with the most favourable conditions;
  • Help you navigate the criminal justice system;
  • Ensure that the Crown meets its disclosure obligations;
  • Identify systematic or administrative errors in the criminal process, including Charter rights violations;
  • Speak to the Crown on your behalf, negotiate, and advise you of your options;
  • Assess all the evidence against you and build a strong defence, so the charges are withdrawn or you are acquitted;
  • Gather further evidence to support your version of the events and consult financial professionals;
  • Obtain a more lenient sentence in the event a guilty plea or conviction is entered.

All criminal cases are complex and fact specific. We have provided general information about white-collar crimes. Hiring a lawyer provides your best chance at mounting a successful defence. For more information about how we can help, please contact our team.

Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario

ASSAULT

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Assault

A simple assault charge can change your life forever. A lawyer can help mitigate the negative consequences of this charge.

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MANSLAUGHTER

Section 234 of the Criminal Code of Canada defines manslaughter as any culpable homicide that is not murder or infanticide.

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It is a criminal offence to unlawfully possess a firearm, to possess a weapon knowing that its possession is unauthorized, or to possess a weapon (such as firearms) for a dangerous purpose.

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Possession means that you have both knowledge and control of the drug or substance. It does not matter whether the drugs are actually yours or not.

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Sexual assault does not just include non-consensual intercourse. Even activities, such as kissing, fondling or, any sexual touching without the complainant’s consent can constitute sexual assault.

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DANGEROUS DRIVING

Dangerous driving is different from careless driving. The former is a criminal offence under the Criminal Code of Canada, and the latter is a Highway Traffic Act offence.

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MONEY LAUNDERING

Money laundering is essentially taking the proceeds of a crime and using them in another transaction in order to change or disguise the nature of those proceeds.

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Criminal harassment is knowingly and without authority, engaging in conduct that makes someone either fear for their own safety or fear for the safety of someone known to them.

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He is caring, honest, and highly knowledgeable in his field. I was charged with domestic assault a few months ago, I was initially with another lawyer but got fed up with the unresponsiveness (didn’t answer my calls or emails), I decided to look for someone else. Igor came highly recommended from a friend and I’m glad I went with him. He knows his stuff and fought hard for my case. Compared to other lawyers I’ve dealt with, day and night.
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TESTIMONIALS

Thanks Igor for all your help throughout my criminal process. I have never been charged before and I think Igor really helped ease my nerves through the entire process. When I was initially charged I called a couple of other firms but I ended up retaining Igor because when we spoke on the phone he spent a lot of time to explain what I was charged with and what it all means, I felt the most comfortable when talking to him. As my case progressed, he really took the time to explain my options and the probability of each one, so I really appreciated that and I felt less confused with all the various legal proceedings.
My son was charged with DUI and I hired Igor to represent his matter. Overall, my experience with Igor was great and my son felt really comfortable working with Igor as well. As a parent, I was really concerned about the entire process and even though my son is considered an adult, I was extremely involved the entire time. I really liked that Igor respected my concerns as a worried parent and always ensured any meetings or conversations were held with me present as much as possible, if I wasn’t available to attend a meeting and only him and my son were able to meet, Igor would reach out to update me. I would most definitely recommend Igor to others.
He is caring, honest, and highly knowledgeable in his field. I was charged with domestic assault a few months ago, I was initially with another lawyer but got fed up with the unresponsiveness (didn’t answer my calls or emails), I decided to look for someone else. Igor came highly recommended from a friend and I’m glad I went with him. He knows his stuff and fought hard for my case. Compared to other lawyers I’ve dealt with, day and night.
I cannot recommend Igor Vilkhov enough. I was charged with possession and trafficking, I was going through a tough time in my life at the time and I am glad I was able to find a lawyer who is genuinely passionate about what he does. I was kept consistently updated throughout the entire process and I couldn’t believe the positive outcome. While reviewing my case, he located a significant error on the part of the police. I can honestly say that his work is meticulous and his ability to negotiate is something else. If you are looking for a quality criminal defence lawyer, I can’t say enough good things about Igor.

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