Xavier Cormier, a lawyer, defends clients charged with fraud.
Fraud is described under Section 380 of the Criminal Code of Canada as being: “Every one who, 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”.
The fraudulent means can be, for example, lies, an organized contrivance used to make falsehood seem true, hiding critical information, exploiting others’ weaknesses, misappropriating or abating funds without authorization.
Fraud concerning over $ 5,000 is liable to a maximum sentence of 14 years imprisonment (Section 380 (1) (a) Criminal Code). Fraud for less than $ 5,000 is liable to a maximum sentence of 2 years if the case is carried out criminally or 6 months imprisonment if the case is carried out summarily (Section 380 (2) (a) and (b) Criminal Code). An absolute discharge is among the sentences a judge can impose in case of fraud for less than $ 5,000.
The defense lawyer defending a client charged with fraud has to ask certain questions, such as: What evidence is there that the defendant was aware of the nature of his fraudulent action and knew it involved the risk of a tort? Is there evidence beyond any reasonable doubt that it was indeed the defendant who committed the fraud, instead of someone else? Did the suspected acts really constitute a fraud as defined by the Criminal Code? Is the client’s version infirmative?
Open the other bulletins of this web site to read about examples of fraud cases defended by Mr. Cormier.
Any person charged with fraud should consult a criminal defense lawyer as soon as possible.