Montreal Lawyers for White Collar Crimes

Arrested for Fraud? Our Lawyers Can Help You Protect Your Reputation

White-collar crimes, such as fraud, money laundering, and other financial crimes, are becoming increasingly common in Canada. Due to their impact on victims and their frequency, Canadian courts take financial crimes very seriously. A conviction for fraud can have far-reaching consequences. It can impact your career and job prospects, prevent you from joining a professional order, and imperil your immigration status in Canada. Those convicted of fraud may face harsh sentences, including imprisonment and financial forfeiture orders.

We understand that when clients face such serious allegations, everything they worked so hard to achieve stands in the balance. Effective and proactive advocacy is imperative, and our team of lawyers is committed to making skillful representations on your behalf to help you avoid the severe consequences of a fraud conviction.

What to Do if You’ve Been Arrested for Fraud

Exercise Your Right to Remain Silent

If you have been charged with fraud or another financial crime, it is crucial that you exercise your right to remain silent and avoid making any statements to the police.

The role of law enforcement is to collect evidence, not to act as judge or jury. The police provide information to the prosecutor to help them decide whether or not to press criminal charges. Therefore, it is imperative that you only discuss your case with your lawyer.

Respect Your Release Conditions

When you get arrested, you will receive a promise to appear that lays out certain conditions. It is important that you read and follow these conditions carefully. If you fail to comply, you could face additional criminal charges, which would make it more difficult to resolve your current case.

Although these conditions may be a source of stress, they can be modified either by consent of the Crown or through an application to Superior Court.

Consult with a Criminal Lawyer

You no doubt have many questions and are concerned about your future. You require the guidance and support of experienced criminal defence lawyers in Montreal who have repeatedly helped people like you.

Contact us today to learn how we can guide you through this challenging time. We are fully prepared to take on your case. Let’s get started!

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Understanding Fraud Offences and Whats to Expect

What is fraud?

Fraud is a financial crime that involves intentionally deceiving a person or organization to deprive them of their finances. It is a specific intent offense, which means that the prosecutor must prove beyond a reasonable doubt that the accused intended to commit fraud and deprive the victim of their finances. In other words, if you did not intend to cause any financial loss to the victim or if the victim knew the risks involved and voluntarily took them despite your honest representation, you cannot be convicted of fraud.

What is the difference between fraud under $5,000 and fraud over $5,000 when it comes to sentencing?

There are several differences between fraud under $5,000 and fraud over $5,000. Fraud over $5,000 is taken much more seriously by our courts, and there is a maximum jail sentence of 14 years. This maximum sentence removes the possibility of benefiting from an absolute or conditional discharge. Conversely, it allows the defence to test the evidence through a preliminary inquiry.

What is possession of proceeds of crime?

Possession of proceeds of crime refers to the act of having in one’s possession proceeds that have been obtained through criminal activity. This means not only possessing stolen or illicit goods but also possessing money obtained through crime. In this sense, those who do not commit a financial crime but benefit from it (or aid it through money laundering, for instance) will be targeted. Importantly, If convicted, the court may impose a fine and order of forfeiture of any proceeds of crime.

What are the consequences of being found guilty of fraud? 

When it comes to sentencing for financial offences such as fraud, there are several factors that need to be considered. These factors include the victim of the scam, the number of victims, the nature of the fraud, the consequences for the victims, and the amount of money involved. The offender’s ability to make restitution or their potential to do so in the future is also a major consideration.

In cases of fraud over $5,000, a discharge is not available, and it is not uncommon for prison sentences to be sought. If the fraud is substantially over $5,000, which means a million dollars or more, there is a mandatory minimum sentence of 2 years of jail. However, for fraud under $5,000, more lenient sentences like house arrest or probation are not uncommon. Depending on the circumstances of the case and the individual profile, there may be the possibility of negotiating a discharge to avoid a criminal record entirely. This is especially true for those who are first-time offenders.

Facing criminal charges in Montreal or surrounding areas? Contact us now—we’re here to help!