Property offences fall under the broad category of fraud, which includes a variety of minor to severe crimes. It’s one of the most severely prosecuted crimes in Canada, and even small charges carry severe, life-altering penalties if convicted.

If you are a Canadian citizen and you are being investigated for criminal fraud, it is in your best advantage to hire a skilled criminal defence lawyer like Kisel Law Criminal Lawyer. They’ll carefully examine the criminal accusations leveled against you. They will also prepare a compelling defence to help you get the best result possible. 

What does Fraud encompass?

Fraud is widely understood to be any dishonest or deceitful action. They are intended to benefit the fraudster financially or personally at the victim’s expense.

By itself can take the following forms:

• A civil wrong for which the victim may sue the perpetrator to recoup their losses.
• A criminal offence for which the offender may face legal action and imprisonment from the government.
• Even if there is no financial, material, or legal harm as a result of the misleading activities, they nonetheless constitute a civil or criminal wrong.

Which are the most common Fraud Cases?

Judicial Cases

In civil proceedings, a significant fact that the victim is intended to rely on and really does so is intentionally misrepresented or concealed, sometimes to the victim’s detriment. It might be difficult to prove in a legal setting.

Every component of fraud, including the mental states of the attacker and the victim, must be demonstrated. The most frequent remedies in civil court are the revocation (or cancellation) of a fraudulently acquired contract or transaction, a monetary settlement to make up for the harm, and, if applicable, civil penalties to punish or discourage the fraudster from further misconduct.

Criminal Cases

Criminal examples include generic offences like theft committed under false pretenses as well as ones that are unique to certain victim or misconduct categories, such as insurance fraud, forgery, and bank fraud. Following a conviction, a criminal court may impose a variety of sanctions, including fines, jail time, probation, penalties, and restitution.

Which are the various types of Fraud?

Loan Programs with Upfront Fees

This kind involves the con artist asking the victim to pay a fee in advance in exchange for granting them access to credit, a loan, or a credit card by email, phone call, text message, or other means. This is frequently a deception, so if the victim believes it and pays, the scam artist will vanish with their money.

The goal may be financial gain or other privileges, such as using false information to qualify for a mortgage or get a driver’s license or other travel documents.

Trust Violation

A trustee who violates trust will use their position to either intentionally defraud or attempt to intentionally defraud the person to whom they owe a duty of confidence. The entrusted party willfully transforms or diverts the property to unauthorized use. Employers, charity workers, and employees are all examples of people in positions of trust.

Fraud Involving Charities

This kind involves fake charities that prey on people’s desire to help those in need. The con artists assume the roles of representatives of humanitarian organizations or claim to be seriously ill themselves or members of their families who need money to pay for medical care.

Electronic Fraud

This kind entails using a computer to gain illegal access to a person, business, or government facility in order to obtain information, money, or something else of worth. An illustration would be if someone broke into a business and stole important data or transferred money from their accounts.

Credit and Debit Card Fraud

Fraud involving credit and debit cards is among the most prevalent kinds of crime. This entails the unauthorized collection of the PIN and magnetic stripe data from your card. The fraudster duplicates your card and uses it to make purchases or make withdrawals from your account using the stolen details.

Cross-Border Fraud

Any fraud that crosses the borders of Canada is considered cross-border. In this kind of, con artists use a plot to steal valuables or money from people living outside of their own country. One such instance is the romance scam, in which the fraudster recruits innocent victims from foreign nations and finds a means to steal money from them.

Embezzlement 

White-collar crime includes embezzlement. The embezzler is given access to funds or assets, which they then steal, withhold, transfer, or utilize improperly. An illustration would be when an employee utilizes a business credit card for personal purchases.

Employee-Employer Fraud

The majority of employees who commit fraud at work do so for personal gain. Because it involves a violation of trust, it constitutes a more severe criminal offence than regular fraud. Examples include embezzlement, ghost employee schemes, theft of trade secrets, and theft of paychecks.

Franchise Fraud

As opposed to starting from scratch, investing in an existing business is simpler. Unfortunately, some franchisors deceive and exploit their franchisees. This can occur in a variety of ways, including misrepresenting profits, illegally terminating a franchise arrangement, breaking a contract, fabricating product information, and charging excessive fees and expenditures.     

Fraud on Government 

All deliberate actions aimed at obtaining money or assets from the government illegally fall under this category. The taxpayers pay the price for swindling the government because it’s a serious crime. Because of this, those found guilty of defrauding the government are subject to the full force of the law.

Inheritance Fraud

Everyone who receives a surprise fortune from “deceased family members” finds it impossible to refuse. For this reason, a lot of individuals fall for con artists appearing as lawyers looking for the beneficiaries of their clients. In addition to other fees, the con artists want money from their victims to process the inheritance. Anyone who requests money from you in exchange for money is a fraudster.

Insider Trading

Insider trading is the act of purchasing a company’s bonds or shares while in possession of substantial, non-public information. In other words, insiders (workers, executives, or lawyers) who use confidential knowledge to benefit from the corporation may be charged with fraud. A good illustration is when a worker purchases additional shares after learning of a merger that hasn’t yet been made public.

Insurance Fraud

The most prevalent kind of fraud in Canada is insurance fraud. It entails interfering with an insurance procedure in order to receive fraudulent benefits. Consumers, insurance companies, and insurance agents can all conduct insurance fraud. One illustration is when a business or homeowner sets fire to their property in order to get insurance money.

Investment Fraud

Investment fraud refers to a broad range of criminal practices used by con artists to manipulate investors into making decisions about their investments that frequently lead to losses. The con artists deceive investors by offering them fake chances to invest in stocks, bonds, real estate, or other financial instruments. This is why research is essential before considering any investments.

Loan Fraud

In this kind of, the perpetrator uses false identification to apply for loans from lending organizations. As most lending institutions and payday loans just ask for the bare minimum of information when a borrower applies for a loan, this is made simple. The victims could accrue massive debts if the identity thief is successful in stealing enough personal information to qualify for larger loans.

Mortgage Fraud

In regard to a mortgage loan, this entails information that has been intentionally and materially misrepresented, omitted, or misstated. This fabricated data is used to sway a bank’s or lender’s choice to fund, acquire, or insure a loan. A borrower who wants to buy a property or keep their current one can commit mortgage fraud, as can industry insiders who want to make money. 

Misappropriation of Funds

This kind of fraud comprises the misappropriation or theft of money that has been entrusted to you by a customer or business for personal gain. Money alone, not any other assets, is involved in financial misappropriation. For instance, an accountant has misappropriated funds if they are transferred from the company to their personal bank account.

Real Estate Fraud

Real estate fraud is deceptive conduct committed in connection with the sale, acquisition, rental, or financing of real estate. Fraud can occur during appraisal, closing, foreclosure, tenancy, or moving into a new home. Lastly, real estate fraud occurs when a broker fails to disclose property flaws to increase the price of a property.

Tax Fraud 

Tax fraud is the intentional falsification of facts on a tax return to gain a tax benefit or avoid taxes. Underreporting taxable income, receiving fraudulent refunds, and understating the size of the workforce are a few examples of tax fraud.

White-Collar Fraud

White-collar refers to a variety of fraudulent behaviors committed by people, companies, or government agents who have only financial gain in mind. These offences do not include the use of force or any kind of threat. Examples include insider trading, counterfeiting, embezzlement, and Ponzi scams.

Why is important to Retain a Professional and Knowledgeable Fraud Defence Lawyer?

The most severe criminal offences in Canada are those involving fraud. In light of this, it’s crucial to have a knowledgeable attorney on your side. If you’re being looked into or accused of any kind of fraud. Kisel Law has a history of successfully defending clients who are being accused of fraud. Our team is able to handle even the most complex fraud situations with care and skill.

Call us at (289)-835-3465 to arrange an appointment with our fraud lawyer Toronto to discover more about how our company can assist you.