Being charged with fraud in Ottawa is a serious matter that can affect every part of your life. A fraud conviction under the Criminal Code of Canada carries penalties ranging from heavy fines and probation to lengthy imprisonment, and the consequences extend far beyond the courtroom. Your career, your reputation, your immigration status and your ability to travel can all be put at risk by a single charge.
At Frouhar Law, our fraud defence lawyers have the courtroom experience, legal knowledge and strategic approach needed to defend clients facing all types of fraud charges in Ottawa and throughout Eastern Ontario. Whether you are accused of fraud over $5,000, fraud under $5,000, identity theft, internet fraud or any other white collar crime, our Ottawa fraud attorneys will examine every detail of the Crown’s case and build a defence strategy designed to protect your rights and your future.
Fraud is defined under Section 380 of the Criminal Code of Canada as the use of deceit, falsehood or other fraudulent means to deprive any person of property, money, valuable security or any service. Unlike theft, where property is taken without consent, fraud involves a victim who parts with property or money because they were deliberately misled.
For the Crown to secure a fraud conviction, the prosecution must prove two elements beyond a reasonable doubt:
If the Crown cannot establish both intent and deprivation, a fraud charge may be challenged, reduced or withdrawn entirely. The Criminal Code classifies fraud into two categories based on the value of the property or money involved, and the penalties differ significantly between them.
Fraud over $5,000 is a straight indictable offence under Section 380(1)(a) of the Criminal Code. A conviction carries a maximum sentence of 14 years imprisonment. Where the total value of the fraud exceeds one million dollars, the court must impose a mandatory minimum sentence of two years in prison. Charges of fraud over $5,000 frequently involve complex financial evidence, forensic accounting and lengthy disclosure from the Crown. These cases often proceed in the Superior Court of Justice and may involve a jury trial.
Fraud under $5,000 is a hybrid offence under Section 380(1)(b), meaning the Crown can elect to proceed by indictment or by summary conviction. If prosecuted by indictment, the maximum penalty is two years imprisonment. If the Crown proceeds summarily, the maximum jail sentence is shorter, though a criminal record and other consequences still apply. Even a fraud charge involving a relatively small amount can result in a conviction that permanently affects your employment, housing and travel. First-time offenders charged with fraud under $5,000 may be eligible for diversion programs or a discharge, but only with strong advocacy from an experienced fraud defence lawyer.
Our fraud defence lawyers offer free consultations to review your case and explain your legal options.
Fraud charges can arise from a wide range of conduct. At Frouhar Law, our Ottawa fraud attorneys defend clients accused of every type of fraud and white collar crime prosecuted in Ontario courts.
Identity theft and identity fraud are prosecuted under Section 403 of the Criminal Code. These charges arise when a person obtains, possesses or uses another individual’s identity information to commit fraud, gain an advantage or cause disadvantage to the victim. A conviction carries a maximum sentence of 10 years imprisonment by indictment. With the rise of data breaches and digital transactions, identity theft charges have become increasingly common in Ottawa and across Ontario.
Credit card fraud and debit card fraud fall under Section 342 of the Criminal Code, which covers the unauthorized use, possession or trafficking of credit card data. Charges can include using a stolen or forged credit card, possessing credit card data obtained by crime, or knowingly using a cancelled or revoked card. These offences carry penalties of up to 10 years in prison. Our Ottawa fraud defence lawyers challenge the evidence in these cases, including how card data was obtained and whether the Crown can prove knowledge and intent.
Internet fraud encompasses a broad range of criminal activity conducted online, including phishing schemes, romance scams, advance-fee fraud and unauthorized access to computer systems. Depending on the nature of the offence, charges may be laid under Section 380 (general fraud), Section 342 (credit card fraud), Section 403 (identity fraud) or Section 342.1 (unauthorized use of a computer). Cyber fraud cases often involve complex digital evidence and electronic disclosure. If you have been charged with internet fraud or accused of running an online scam in Ottawa, our fraud attorneys have the experience to challenge the digital evidence and defend your case.
Tax evasion and fraud involving the Canada Revenue Agency are typically prosecuted under Section 239 of the Income Tax Act rather than the Criminal Code, though the Criminal Code may also apply. Penalties for tax fraud can include substantial fines and imprisonment of up to five years. CRA investigations are often lengthy and involve forensic accountants, auditors and large volumes of financial records. Our fraud defence lawyers work with financial experts to review the evidence and build a strong defence for clients facing tax evasion charges in Ottawa.
Embezzlement involves the misappropriation of funds or property by a person in a position of trust, such as an employee, business partner or financial advisor. The Criminal Code addresses embezzlement through theft provisions under Section 322 and the specific offence of criminal breach of trust under Section 336. Breach of trust charges are treated as particularly serious by Ontario courts because they involve a violation of a fiduciary relationship. Our Ottawa white collar crime lawyers defend clients accused of embezzlement, theft by conversion and breach of trust at every stage of the criminal process.
Insurance fraud involves filing false or exaggerated claims to obtain benefits from an insurance provider. Mortgage fraud involves misrepresenting information on a mortgage application to obtain financing that would not otherwise be approved. Both types of fraud are prosecuted under Section 380 of the Criminal Code and can result in severe penalties including imprisonment. Our fraud lawyers in Ottawa carefully review every document in the Crown’s disclosure to identify weaknesses and build an effective defence.
Whether it is a summary offence or indictable charge, our experienced fraud lawyers are ready to defend you.
The penalties for a fraud conviction in Ontario depend on the value of the fraud, the complexity of the offence, the number of victims and whether aggravating factors are present. Fraud over $5,000 carries a maximum of 14 years imprisonment. Fraud exceeding one million dollars triggers a mandatory minimum of two years in prison. Fraud under $5,000, when prosecuted by indictment, carries a maximum of two years imprisonment. Additional penalties may include fines, restitution orders, probation and prohibition orders.
Under Section 380.1 of the Criminal Code, courts must consider specific aggravating factors when sentencing for fraud, including:
A fraud committed by a professional such as a lawyer, accountant or financial advisor will typically attract a harsher sentence than one committed by a person with no position of authority.
A fraud conviction creates a permanent criminal record that affects far more than your liberty. Employers in Ottawa and across Ontario routinely conduct criminal background checks, and a fraud conviction can disqualify you from positions in finance, government, education and healthcare. A criminal record for fraud can also affect your immigration status, potentially leading to deportation or inadmissibility if you are not a Canadian citizen. Travel to the United States and other countries with strict entry requirements may be denied. Housing applications, professional licensing and volunteer opportunities can all be affected. The long-term consequences of a fraud conviction make it critical to retain an experienced fraud defence lawyer who can fight to avoid a conviction or minimize its impact.
A fraud conviction can lead to imprisonment, restitution orders and a permanent criminal record. Get legal advice from a fraud attorney near you.
Every fraud case is different, and the right defence strategy depends on the specific facts, the type of fraud alleged and the strength of the Crown’s evidence. At Frouhar Law, our fraud defence lawyers take a strategic and thorough approach to every case, from the initial consultation through to trial or resolution.
Fraud prosecutions often rely heavily on documentary and electronic evidence, including financial records, bank statements, emails, contracts and digital communications. Our Ottawa fraud attorneys review every piece of disclosure from the Crown to identify gaps, inconsistencies and weaknesses in the prosecution’s case. We examine whether evidence was obtained lawfully, whether search warrants were properly executed, and whether your Charter rights under the Canadian Charter of Rights and Freedoms were respected during the investigation. If evidence was obtained in violation of your rights, we bring a Charter application to have it excluded from trial. We also challenge the Crown’s ability to prove intent, which is an essential element of every fraud charge.
For first-time offenders facing less serious fraud charges, diversion programs and alternative measures may offer a path to having charges withdrawn without a criminal conviction. The diversion process typically involves the following steps:
For charges that proceed through court, our fraud lawyers negotiate aggressively with the Crown for conditional or absolute discharges where the circumstances allow, keeping a conviction off your record.
Frouhar Law is a criminal defence firm that has represented clients facing fraud charges, white collar crime allegations and breach of trust accusations in Ottawa and throughout Eastern Ontario for years. Our legal team has conducted hundreds of trials and appeals across every level of the Ontario criminal court system, from the Ontario Court of Justice to the Superior Court of Justice.
When searching for a fraud attorney near you, look for a lawyer with dedicated criminal defence experience, a track record of defending fraud and white collar crime cases, and a thorough understanding of the Criminal Code provisions that apply to your charges. Your fraud lawyer should be familiar with the Ottawa courthouse, the local Crown attorneys and the judges who hear fraud cases in Ontario courts. They should offer a free consultation so you can understand your options before making any decisions. At Frouhar Law, we meet every one of these criteria.
Our fraud attorneys approach every case with meticulous preparation and aggressive advocacy. We review the full Crown disclosure, retain forensic accountants and other experts when the case requires it, and develop a defence strategy tailored to your specific circumstances. We represent clients charged with:
Our firm offers services in English, Italian, French and Farsi, ensuring accessible legal representation for all clients in Ottawa and the surrounding communities of Eastern Ontario.
Our fraud attorneys serve clients in Ottawa, Eastern Ontario and the surrounding area. Contact our fraud lawyers near you today.
Fraud is defined under Section 380 of the Criminal Code of Canada as the use of deceit, falsehood or other fraudulent means to deprive any person of property, money, valuable security or any service. The Crown must prove both a dishonest act and resulting deprivation to secure a conviction. Fraud charges can range from credit card fraud and identity theft to embezzlement, tax evasion and insurance fraud.
Fraud over $5,000 is a straight indictable offence carrying a maximum penalty of 14 years imprisonment. If the fraud exceeds one million dollars, a mandatory minimum sentence of two years applies. Fraud under $5,000 is a hybrid offence where the Crown can proceed by indictment or summary conviction. The maximum penalty by indictment is two years imprisonment.
Yes. Fraud charges can be withdrawn if there is insufficient evidence, if the accused completes a diversion program, or if defence counsel negotiates a resolution with the prosecution. An experienced fraud defence lawyer can identify weaknesses in the Crown’s case and advocate for charges to be reduced or withdrawn.
Penalties depend on the value of the fraud and the circumstances of the offence. Fraud over $5,000 carries up to 14 years imprisonment. Fraud under $5,000 carries up to two years by indictment. Additional penalties can include fines, restitution orders, probation and prohibition orders. Aggravating factors such as breach of trust and multiple victims can increase the sentence.
No. Exercise your right to remain silent and contact a fraud defence lawyer immediately. Anything you say to police during a fraud investigation can be used against you in court. An experienced fraud attorney can protect your Charter rights and ensure you do not harm your defence.
A fraud attorney near you can review the Crown’s evidence, challenge the admissibility of improperly obtained evidence, negotiate with the Crown for reduced charges or diversion, and represent you at trial. An Ottawa fraud lawyer familiar with the local court system, Crown attorneys and judges can provide a significant advantage in your defence.
Yes. A fraud conviction results in a permanent criminal record that can affect employment, professional licensing, immigration status and international travel. Non-citizens convicted of fraud may face deportation or inadmissibility. Travel to the United States and other countries may be denied. Retaining an experienced fraud lawyer is critical to avoiding these consequences.
If you or someone you know is facing fraud charges in Ottawa or Eastern Ontario, contact Frouhar Law today. Our fraud defence lawyers offer free consultations to review your case, explain your legal options and begin building your defence strategy immediately. Do not plead guilty before speaking with a fraud attorney.
