Fraud, Breach of Trust & White Collar Crime

Don’t Let Fraud & White Collar Charges Ruin Your Future 

White-collar, breach of trust and fraud-related convictions can have severe consequences, not just to your reputation and to your career, but if convicted, to your freedom as well. Jail sentences — often even lengthy ones — can accompany convictions for fraud. If you are suspected of or have been charged with fraud or some other white-collar crime, consulting with a skilled defence lawyer right now is imperative. Here at Edelson Foord Law, we have the experience and expertise to protect your legal rights and your future.

It’s not uncommon for allegations of fraud to spring from mistakes, misunderstandings, or even misguided investment decisions. Nobody is perfect, and our legal professionals understand this. Over the years, we have handled and successfully defended both minor and major fraud cases. Let us go to work for you defending you today.

What is Fraud?

One of the most common types of white-collar crime is fraud. The classic definition of fraud is to deprive by deceit (or even just to cause some risk of deprivation). Courts treat crimes of dishonesty like fraud very seriously. Indeed, the Criminal Code of Canada was altered in 2011 as it relates to fraud to carry mandatory minimum sentences where the amount defrauded is large enough. There are also newer, recognized aggravating features in the Criminal Code that are relied on by prosecutors and by judges when sentencing an offender who has abused a position of trust or authority, or taken advantage of a vulnerable person in committing their crimes.

Frauds can take on many different forms, but within our Criminal Code, they essentially fall into two categories depending on the monetary amount of the fraud in question:

1. Fraud where the value is over $5,000, which is automatically an indictable offence.
2. Fraud less than $5,000, which is a hybrid offence, where the prosecutor can proceed by indictment or summarily.

But note that even when the fraud is more ‘minor’ in terms of amount or was just a one-time thing, the consequences can nevertheless be severe and more permanent.

Additional Breach of Trust and White-Collar Crimes We Routinely Defend

We defend a wide range of white-collar crimes, including but not limited to:

• Forgery
• Embezzlement
• Tax Evasion
• Fraud
• Misrepresenting the value of goods or services 
• Identity theft
• Breach of trust
• And more 

Where a person is convicted of one of these offences, courts may look at certain factors, including the level of planning, complexity, magnitude, and how long the crime went on for, when determining what an appropriate sentence should be. Whether or not the offender destroyed records or made attempts to conceal their crimes may matter too. Also, the number of victims and how the financial market or Canadian economy was affected may also play a role in sentence. Additionally, it is an aggravating factor if the offender was in a position of high regard or power within the community and exploited their position in committing their crimes. But even where restitution for defrauded funds are repaid (i.e. an offender pays back the money they defrauded persons or institutions of), an offender may still be looking at a lengthy jail sentence.

The best result is often therefore to ensure that no conviction is registered in the first place. When we take on a white collar case, we’ll leave no stone unturned in challenging the prosecution’s case. And, even where the prosecutor’s case is overwhelming and undeniable, our office still has a proven track record of success in negotiating resolutions to lesser charges or with less aggravating facts on sentence in order to obtain the best possible results for our clients.

Experienced Legal Support You Can Trust

We routinely defend clients facing complicated fraud, breach of trust, or white-collar charges. The experienced and dedicated lawyers at Edelson Foord Law will work day and night to defend your case and your future. Whether you’re dealing with smaller frauds or larger, more serious fraud accusations — we can help.

We will carefully and rigorously examine every document and witness statement, or other piece of purported evidence, no matter how large the prosecution’s file against you is. We’ll identify and highlight flaws and potential weaknesses in the prosecution’s case. We will ensure we are fully ready if your matter is destined for trial. Indeed, we have a roster of experts who will often work with us to assist you as well, including forensic accountants and private investigators.