When fraud charges are brought to light, we immediately refer to Section 380 of the Criminal Code of Canada. Fraud is divided into two categories:
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Fraud over $5,000. This indictable offence results in up to 14 years in prison.
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Fraud under $5,000. The Crown chooses to give either an indictable conviction or a summary conviction. An indictment results in up to two years in prison while a summary conviction results in up six months in prison.
The Criminal Code explains that fraud is committed “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.”
In other words, whether the victim endured economic loss or not is irrelevant; fraud is committed when there is the intent to defraud and the victim has the risk of economic harm. Giving the money back is one option, and it will help your case; however, it’s best to consult your lawyer for the best approach.
Gambriani Law has represented various types of cases, from insurance to credit card to employment fraud. Call us and discuss your case with: 1 (416) 628-2041.