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Knowledge

Hiring a Fraud Lawyer in Toronto: What You Need to Know

January 2023

A fraud conviction can unfortunately result in severe consequences and a criminal record, which can have a major impact on your personal and professional life. If you have been charged with a fraud-related offence, it is essential to understand your rights and the legal process, and to have a strong defence to protect your freedom and future. At Titan Defence, a criminal law firm based in Toronto, Ontario, we understand the seriousness of fraud-related charges and are dedicated to providing our clients with the strong defence they need. Contact Titan Defence and will guide you through the steps you should take if you find yourself charged with a fraud-related offence. From understanding the charges against you, to building a defence strategy, we will provide you with the information you need to navigate the legal system with confidence. Whether you are facing a first-time offence or have a prior criminal record, we will help you understand the potential consequences and provide you with the guidance you need to protect your rights and freedom.

How is Fraud defined under Ontario Law?

Fraud is defined under Ontario law as the intentional or deliberate act of deception in order to gain an advantage or cause a disadvantage to another person. In other works, it’s when someone lies or cheats to get something they want or to hurt someone else. It's against the law in Ontario and can result in serious penalties if you are found guilty.This can include a wide range of activities, such as embezzlement, forgery, identity theft, and more. Under the Criminal Code of Canada, fraud is considered a criminal offence and can be punished by fines and/or imprisonment.

There are different types of fraud and specific examples of fraud under Ontario law include but not limited to:

  • Identity fraud
  • Investment fraud
  • Internet fraud
  • Insurance fraud:

It's important to note that fraud can be committed in various ways, and the severity of the punishment can depend on the circumstances of the case, the value of the fraud, and the harm caused to the victims.

How A Fraud Conviction Can Negatively Affect Your Future

A conviction of fraud can have a significant impact on someone's future in multiple ways:

  1. Legal Consequences: A conviction of fraud can result in a criminal record, which can have a lasting impact on an individual's ability to find employment, housing, and even travel. It also carries a sentence of fines, community service and/or a prison term depending on the severity of the crime and circumstances of the case.
  2. Professional Consequences: A conviction of fraud can lead to the revocation of professional licenses, such as those held by accountants, financial advisors, or stockbrokers. It can also make it difficult for an individual to find employment in certain fields, such as finance or accounting.
  3. Financial Consequences: A conviction of fraud can lead to the repayment of any funds lost as a result of the fraud, as well as court fines and legal fees. It can also make it difficult for an individual to obtain credit or loans in the future.
  4. Personal Consequences: A conviction of fraud can have a negative impact on an individual's personal relationships and reputation. It can also lead to feelings of shame and guilt, and a sense of isolation from friends and family.
  5. Rehabilitation: A conviction of fraud can also impact the rehabilitation process for an individual who has been found guilty

The Importance Of Hiring A Fraud Lawyer

Hiring a fraud lawyer when facing fraud-related charges is important because fraud is a complex and serious offence that requires specialized knowledge and experience. A lawyer who specializes in fraud law will have a deep understanding of the laws, regulations, and procedures related to fraud, as well as the possible defences and strategies that can be used to fight the charges.

They will also have knowledge of the court system and the procedures that are used in fraud cases, which will be invaluable in navigating the legal process. Additionally, having a lawyer with experience in fraud law can give you an insight into the possible outcome of the case and help you understand the penalties and consequences that you might be facing. 

A fraud lawyer can have expertise in any of the following areas of fraud:

  1. White collar crime: This area of law covers a wide range of financial crimes, such as embezzlement, money laundering, and fraud in the securities market. A lawyer with experience in white collar crime can help defend against fraud-related charges that involve financial institutions or businesses.
  2. Identity theft: This area of law deals with the unauthorized use of someone else's personal information for financial gain. A lawyer with experience in identity theft can help defend against fraud-related charges that involve the use of stolen identities or documents.
  3. Cybercrime: This area of law deals with criminal activities that are committed using the internet or other forms of technology. A lawyer with experience in cybercrime can help defend against fraud-related charges that involve hacking, phishing, or other forms of online fraud.
  4. Insurance fraud: This area of law deals with making false claims or statements to an insurance company in order to receive benefits. A lawyer with experience in insurance fraud can help defend against fraud-related charges that involve making false claims or providing false information to an insurance company.
  5. Mortgage fraud: This area of law deals with fraudulent activities related to mortgages and real estate transactions. A lawyer with experience in mortgage fraud can help defend against fraud-related charges that involve falsifying information on mortgage applications or using straw buyers to purchase properties.

Understanding Regulations And Building A Defence Against Fraud Related Offences In Ontario

In Ontario, a fraud lawyer can use their understanding of regulations to build a defence against fraud charges by challenging the legality of the investigation and arrest, and by examining if the prosecution's case is based on legal and acceptable evidence. Some specific ways a fraud lawyer can use their understanding of regulations to defend against fraud charges include:

  1. Challenging the legality of the search and seizure: if the police did not have a valid reason to stop, detain, or search the individual or their property, or if they did not have a valid warrant, any evidence obtained during that search may be considered inadmissible in court.
  2. Examining the evidence: A fraud lawyer can examine the evidence presented by the prosecution to see if it was obtained legally and if it is admissible in court. If the prosecution's case is based on inadmissible evidence, a fraud lawyer can challenge its use in court.
  3. Raising legal defences: If the prosecution's case is based on admissible evidence, a fraud lawyer can raise legal defences such as arguing that the defendant did not intend to commit fraud, that they were under duress or coercion, or that they have a legal justification for their actions.
  4. Negotiating a plea bargain: If appropriate, the lawyer may negotiate a plea bargain with the prosecution to reduce the charges or the penalties against you.
  5. Challenging the prosecution's case: A fraud lawyer can challenge the prosecution's case by pointing out any inconsistencies in the evidence, or by raising doubt about the prosecution's theory of the case.

Contact Titan Defence Today

If you or someone you know is facing fraud-related charges, it is essential to act quickly and seek the help of an experienced fraud lawyer. At Titan Defence, we understand the seriousness of fraud-related charges and are dedicated to providing our clients with the strong defence they need. We have a deep understanding of the laws, regulations, and procedures related to fraud, and our lawyers are able to not only defend all allegations of fraud, but also work out creative resolutions that don't end up in a criminal record, such as repayment of any funds lost.

Don't hesitate to contact us today to schedule a consultation and learn more about how we can help you protect your rights and freedom. Our experienced fraud defence team is ready to help you navigate the legal process and work towards the best possible outcome for your case.

Author: Titan LLP

NOTE: THIS IS NOT LEGAL ADVICE AND THIS SHOULD ONLY BE RELIED ON FOR INFORMATIONAL PURPOSES. THIS BLOG IS NO SUBSTITUTE FOR LEGAL ADVICE BY AN ACTUAL LAWYER. THE LAW ALSO DYNAMIC IS CHANGES OFTEN, AND AS A RESULT, THE INFORMATION CONTAINED HEREIN MAY BE OUTDATED AFTER TIME. THIS BLOG MUST NOT BE RELIED ON AS A SUBSTITUTE FOR ACTUAL LEGAL RESEARCH.