Ottawa Fraud & White Collar Crime Lawyer

Fraud and white collar charges can put your livelihood, your professional standing and your freedom at risk, and they often rest on a mountain of documents and financial records. Brett McGarry is an Ottawa criminal defence lawyer who defends people charged with fraud and related offences, and who works through the evidence carefully to find the weaknesses in the Crown’s case.

Call 613-884-8576 for a free 30-minute consultation.

What Is Fraud Under Canadian Law? (Section 380)

Fraud is defined in section 380 of the Criminal Code. To convict, the Crown must prove two things: a dishonest act, by deceit, falsehood or other fraudulent means, and a resulting deprivation, meaning that someone was deprived of money, property or a service, or was put at risk of that loss. If either element is missing, the charge should not succeed.

Fraud Under $5,000 vs. Fraud Over $5,000

Fraud under $5,000

Where the value of the alleged fraud is $5,000 or less, the offence is hybrid, which means the Crown can proceed by summary conviction or by indictment.

Fraud over $5,000

Where the value exceeds $5,000, fraud is an indictable offence carrying a maximum of 14 years in prison. Where the fraud exceeds one million dollars, the Criminal Code sets a mandatory minimum of two years.

Related White Collar Offences We Defend

• Theft (s. 322 and s. 334). Taking property dishonestly, charged as theft under or over $5,000.
• Forgery and use of forged documents (s. 366 to s. 368).
• Identity theft and identity fraud (s. 402.2).
• Money laundering, or laundering proceeds of crime (s. 462.31).
• Breach of trust by a public official (s. 122) and criminal breach of trust (s. 336).

Penalties, Aggravating Factors and Restitution

In addition to any jail or probation, a fraud conviction creates a permanent criminal record. Under section 380.1 the court treats certain features as aggravating, including the size and complexity of the fraud, the number of victims, careful planning, and an abuse of a position of trust. The law also prevents a court from treating an offender’s employment, reputation or standing as mitigating where those were used to commit the fraud. Repaying the money, known as restitution under section 738, does not end a prosecution, but it can be an important factor in negotiation and sentencing.

How a Fraud Charge Can Affect Your Career and Professional Licence

A charge or conviction involving dishonesty can have consequences well beyond the courtroom. It can trigger discipline by a professional body such as CPA Ontario, the Law Society or an engineering or health regulator, affect a security clearance, and create problems for employment and travel to the United States. We keep these professional and collateral consequences in view when building a defence strategy.

Managing Large Disclosure and Documentary Evidence

Fraud cases often involve thousands of pages of bank records, emails and financial documents. The Crown must disclose its evidence, and a thorough defence means working methodically through that material, sometimes with the help of a forensic accountant, to test how the money actually moved and to isolate the weaknesses in the Crown’s theory. Careful management of disclosure is often where these cases are won or narrowed.

Possible Defences to Fraud Charges

• No dishonest intent, where what happened was a genuine mistake or a civil business dispute rather than a crime
• No deprivation or risk of deprivation
• Identity, where you were not the person responsible for the transactions
• Charter applications, where evidence was obtained through an unlawful search or a breach of your rights

Why Work With Brett McGarry

Fraud cases are document heavy and demanding, and they reward careful, patient preparation. Brett McGarry focuses on criminal defence, appears at the Ottawa courthouse on Elgin Street, and gives you direct access to your lawyer throughout. See the Track Record for examples of recent results.

Areas We Serve Across Ottawa

We act for people facing fraud and white collar charges across Ottawa, including professionals and business owners in Centretown, the Glebe, Westboro, Kanata and Nepean. These cases are handled at the Ottawa courthouse on Elgin Street, and we assist clients in English and French, wherever in the city or region they work.

Fraud and White Collar Crime FAQ

What is the difference between fraud under $5,000 and fraud over $5,000?

It is based on the value of the alleged fraud. Fraud of $5,000 or less is a hybrid offence, while fraud over $5,000 is indictable and carries a higher maximum penalty.

What penalties do I face if convicted of fraud over $5,000 in Ontario?

Fraud over $5,000 is indictable with a maximum of 14 years in prison, and where the fraud exceeds one million dollars there is a mandatory minimum of two years.

Will paying back the money make the charges go away?

No. Restitution does not end a prosecution, but it can be an important factor in negotiating a resolution and at sentencing.

Can I lose my professional licence or job if I am charged with fraud?

Possibly. A charge or conviction involving dishonesty can lead to professional discipline and can affect employment, security clearances and travel. These consequences are part of the defence strategy.

What is criminal breach of trust?

It is a separate offence, including breach of trust by a public official under section 122, where a person in a position of trust uses that position dishonestly.

What should I do if I am being investigated for fraud?

Do not give a statement to investigators, exercise your right to remain silent, and retain a criminal defence lawyer early, before charges are laid where possible.

Why is the disclosure in fraud cases so large, and how long do they take?

Fraud cases often involve extensive financial records, so disclosure is large and the cases can take time. Careful review of that material is central to the defence.

Contact an Ottawa Fraud Lawyer

If you have been charged with or are being investigated for fraud in Ottawa, contact Brett McGarry for a free, confidential consultation. Call 613-884-8576 or contact us online.

For more questions about fraud and white collar charges in Ottawa, see our criminal law FAQ.

This page provides general information about the law in Canada and is not legal advice. Every case depends on its own facts, and past results do not guarantee future outcomes.