Fraud Over & Under $5000
Fraud over and fraud under also vary in terms of penalty. Section 380(1)(a) of the Canadian Criminal Code sets out that Fraud over $5,000.00 is an indictable offence, punishable by up to fourteen years imprisonments. Whereas, Fraud under $5000 per section 380(1)(b) sets out that Fraud under $5000 is a hybrid offence and can be prosecuted summarily or by indictment.
If the crown elects to proceed by indictment, the accused is liable to a term of imprisonment not exceeding two years.
Employer-employee fraud requires the Crown to prove the same elements of any fraud offence. The main difference is that the fraud takes place in a manner referred to as breach of trust, and against a specific party—the employer.
Fraud against an employer is a more serious offence than traditional fraud because of the employer-employee nexus and the element of distrust.
What Needs To Be Proven
To secure conviction for general fraud the crown must prove the following:
a) There was a dishonest act, established by deceit, falsehood or other fraudulent means;
b) That defrauded the public or any person of any property, money or valuable security or any services;
c) The accused was aware he or she was engaging in a dishonest act; and
d) He or she intended to commit that act.
Let Us Defend Your Case
There may be a number of defences available to your case depending on the circumstances. One common defence is a lack of intent to defraud. Often times the individual charged is unaware that they are coming a fraudulent act.
With that said, every case is different, therefore it is important to contact a lawyer to determine what defences may be available.
Contact Bernstein Law Group
Call us at 905-546-1990 or email us if you have been charged with fraud in or around Hamilton.
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