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Fraud Lawyer Toronto

Award-Winning Defence for Criminal Fraud Charges in Ontario

Top Criminal Boutique 2027 Daniel Brown Law LLP

Why Choose Daniel Brown Law?

Daniel Brown Law represents clients facing fraud, identity theft, breach of trust, and other white-collar charges in courts across Ontario. Daniel Brown is a certified specialist in criminal law — a designation held by fewer than 2% of criminal lawyers in Ontario. He is the author of Prosecuting and Defending Sexual Offence Cases (3rd Edition, Emond Publishing's Criminal Law Series), has authored articles for legal journals, and contributes commentary on criminal law to The Toronto Star and other major Canadian news outlets.

The firm and its lawyers have been repeatedly recognized for excellence in criminal defence:

Fraud charges are classified as fraud under $5,000 or fraud over $5,000, depending on the value of the amount alleged to have been defrauded. It is not uncommon for an accused person to face multiple counts of fraud when the alleged conduct took place over a lengthy period of time. A fraud conviction is particularly damaging because it is considered a crime of dishonesty, which can disqualify individuals from positions of trust in fields such as banking, accounting, law, and government.

Our lawyers have extensive experience defending both minor and large-scale fraud cases across Ontario. Call (416) 297-7200 for an immediate consultation.

Types of Fraud Charges in Ontario

Under sections 380 to 400 of the Criminal Code of Canada, fraud encompasses a broad range of conduct. Common types of fraud charges our lawyers defend include:

  • Credit card fraud — using a stolen, forged, or unauthorized credit card to make purchases or obtain cash advances.
  • Mortgage and real estate fraud — misrepresenting information on mortgage applications, title fraud, or fraudulent property transactions.
  • Insurance fraud — filing false or exaggerated claims with an insurance company.
  • Identity fraud and identity theft — obtaining or possessing another person's identity information to commit fraud (s. 402.2 and s. 403 of the Criminal Code).
  • Investment and securities fraud — misleading investors, operating Ponzi schemes, or making false representations about financial products.
  • Tax fraud — making false or deceptive statements on tax returns or evading tax obligations.
  • Government benefit fraud — fraudulently obtaining Employment Insurance, Ontario Works, ODSP, or other government benefits.
  • Internet and e-commerce fraud — online scams, phishing, and fraudulent transactions conducted through digital platforms.

Elements the Crown Must Prove

In any fraud case, the prosecutor must prove each element of the offence beyond a reasonable doubt. Specifically, the Crown must establish that:

  1. The accused committed a prohibited act — deceit, falsehood, or other fraudulent means;
  2. The prohibited act caused a deprivation — an actual loss, or the risk of loss, to the victim's economic interests; and
  3. The accused had subjective knowledge that the act could cause deprivation to another person.

Prosecutors frequently rely on complex paper trails, forensic accounting reports, and witness testimony to build fraud cases. Financial records are rarely as clean or conclusive as the Crown presents them — errors, omissions, and alternative interpretations can surface throughout the disclosure. Our lawyers know where to look and how to use what they find.

Defending Fraud Charges

Fraud cases are among the most document-intensive criminal prosecutions. The Crown must piece together a narrative from bank records, emails, contracts, and accounting documents — and each of those records presents potential weaknesses. We go through disclosure line by line, not because it's routine, but because that's where fraud cases are won.

Common defence strategies include:

  • Lack of intent — Fraud requires proof of deliberate dishonesty. Honest mistakes, misunderstandings, poor judgment, or simple negligence are not fraud. The Crown must prove that the accused specifically intended to deceive.
  • Lack of knowledge — The accused was unaware that the information provided was false, or did not know that their actions could cause deprivation to another person.
  • Colour of right — The accused had an honest belief in a legal entitlement to the property or funds in question. Even if that belief was mistaken, an honest claim of right is a complete defence.
  • Challenging the paper trail — Forensic accounting evidence and documentary records are not always accurate or complete. Gaps, errors, or alternative interpretations of financial records can undermine the prosecution's theory of the case.
  • Charter rights violations — Evidence obtained through unlawful searches, seizures, or detentions may be excluded under section 24(2) of the Canadian Charter of Rights and Freedoms. This is particularly relevant in fraud cases where police have obtained production orders for banking or business records.
  • Identity and participation — In multi-party fraud allegations, the accused's actual role and level of involvement may be far less significant than the Crown alleges. Being associated with a fraudulent scheme is not the same as knowingly participating in it.
  • Challenging complainant credibility — In some fraud cases, the alleged victim's account of the transaction may be self-serving, incomplete, or contradicted by other evidence.

Fraud Sentences in Ontario

Fraud sentencing in Canada depends on the value of the alleged fraud, the sophistication of the scheme, the offender's role, and the impact on victims.

Fraud Over $5,000

Under section 380(1)(a) of the Criminal Code, fraud over $5,000 is a straight indictable offence punishable by a maximum of 14 years imprisonment. Where the total value of the fraud exceeds $1,000,000, the court must impose a minimum sentence of two years in a federal penitentiary. Courts routinely impose penitentiary sentences for large-scale frauds, particularly where there are multiple victims, a breach of trust, or the fraud was carried out over a prolonged period.

Fraud Under $5,000

Under section 380(1)(b), fraud under $5,000 is a hybrid offence. If prosecuted by indictment, the maximum penalty is two years imprisonment. If prosecuted summarily, the maximum penalty is two years less a day and/or a $5,000 fine. While jail is not automatic for lower-value fraud, judges take into account the nature of the dishonesty, the vulnerability of the victim, and whether the offender holds a position of trust.

Aggravating Factors at Sentencing

Under section 380.1 of the Criminal Code, the following factors will increase the severity of a fraud sentence:

  • The fraud involved a large number of victims;
  • The offender took advantage of a position of trust or authority;
  • The fraud had a significant impact on the victims, including their financial security or retirement savings;
  • The offender did not comply with applicable licensing or regulatory requirements;
  • The offender concealed or destroyed records to facilitate the fraud or to hinder its investigation.

Additional Court Orders

In addition to imprisonment, a fraud conviction may result in:

  • Restitution orders — requiring the offender to repay victims for their losses;
  • Prohibition orders under s. 380.2 — preventing the offender from having authority over the real property, money, or valuable security of another person;
  • Forfeiture orders — allowing the Crown to seize proceeds of the fraud;
  • Probation with conditions such as community service, counselling, or reporting requirements.

The Risk of Paying Back Money Before Your Case Is Resolved

One of the most common questions clients ask is whether they should pay back the money to make the charges go away. While restitution can be a powerful tool in resolving fraud cases, it must be handled carefully with the advice of a lawyer.

Paying back money without legal guidance can be dangerous for several reasons:

  • It can be treated as an admission of guilt. The Crown may argue that repaying the money is evidence that the accused knew the funds were obtained dishonestly. Without a carefully structured agreement, restitution can be used against you at trial.
  • It does not guarantee charges will be withdrawn. The Crown is under no obligation to withdraw charges simply because the money has been returned. In serious cases, the Crown may proceed with the prosecution regardless of restitution.
  • The amount owed may be disputed. The alleged victim's calculation of their losses may not be accurate. Paying a disputed amount without challenge may prejudice your ability to contest the value of the fraud at trial.
  • Tax and civil implications. Repaying money may have tax consequences or affect related civil proceedings. These issues should be addressed before any payment is made.

In many cases, restitution is best used as a negotiating tool — offered through your lawyer as part of a resolution discussion with the Crown, with appropriate safeguards in place. We negotiate restitution arrangements that protect your rights and are structured so they cannot be turned against you.

Collateral Consequences of a Fraud Conviction

Beyond the criminal penalties, a fraud conviction can have lasting consequences on nearly every aspect of your life:

  • A permanent criminal record stored in the national CPIC database, visible on background checks.
  • Professional consequences including loss of licences or certifications in regulated industries such as accounting, real estate, insurance, and financial services.
  • Immigration consequences, including inadmissibility and potential deportation for non-citizens.
  • Difficulty obtaining employment, particularly in positions involving financial trust.
  • Travel restrictions, including denial of entry to the United States.
  • Court-ordered restitution and prohibition orders restricting your ability to manage others' finances.

Why Choose Daniel Brown Law for Your Fraud Case

Fraud charges require lawyers who are comfortable in the weeds of complex financial disclosure — not just reading bank statements, but knowing how to challenge the forensic accountant's methodology, identify what records are missing, and argue the point in court. Our credentials speak to that track record:

Whether you are under investigation or have already been charged, early legal advice is critical. Call (416) 297-7200 to schedule a confidential consultation with an experienced Toronto criminal lawyer.

We also defend related offences including theft, robbery, and other criminal charges across Ontario.

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