Criminal Code Fraud Over and Under $5000 Charges Defence Lawyer in Ontario, Canada

We defend fraud over and under $5000 charges laid via Section 380(1)(b) of the Criminal Code to help our clients avoid jail and a criminal record throughout all of Ontario.

Fraud charges in Ontario are normally laid under Section 380 (1)(b) of the Criminal Code of Canada which reads:

380 (1) Everyone who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,

(b) is guilty

(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or

(ii) of an offence punishable on summary conviction, where the value of the subject-matter of the offence does not exceed five thousand dollars.

The maximum punishment for fraud under $5000 if proceeded by summary conviction is 6 months in jail.

Your own lawyer should be the first and only person to speak to the Crown Attorney if you are charged with fraud in Ontario.

It is extremely easy to be falsely accused of fraud. All it takes is one workplace or business related dispute being reported to the police and fraud charges may be laid despite no thorough police investigation. False criminal fraud accusations are made to the police usually for financial reasons and in some cases to easily gain an advantage in what should be a civil (not criminal) dispute.

The most common types of fraud over and under $5000 cases we defend in Ontario include:

1. Workplace and employment related fraud accusations. The accused employee may have been encouraged under false pretenses to admit wrongdoing to HR or loss prevention (even if innocent) thinking they would not be fired or that it would not be reported to the police.


2. Business related disputes amongst owners, partners, contractors, customers, and employees. Many of these cases should be civil actions but criminal fraud charges are laid when reported to the police.


3. Banking, finance and credit card related allegations. Large financial institutions, insurance companies, and corporations often follow policies to report all suspected frauds to the police and provide them with all the "evidence" they have collected.


4. Government fraud linked to entities such as the CRA where the accused is alleged to have received benefits or money under false pretenses.


5. Shoplifting fraud via improper discounts or credits in retail stores. Shoplifting fraud offences include switching price tags, sale price manipulation, improperly using the self-checkout machine, fraudulent item returns, and gift card credit schemes.

In all fraud cases, the accused will be fingerprinted and receive a court date on either a Form 9 Appearance Notice, Form 10 Undertaking, or a Form 11 Release Order if held for bail and released.

The accused faces many potential consequences including a jail sentence of up to 2 years, a criminal record, and being deported from Canada if not already a citizen.

Fraud is considered a crime of moral turpitude/dishonesty because it requires premeditation to obtain something through trickery or deception. If the accused is a professional, their regulatory body (CNO, PEO etc.) may deem them to no longer be of "good character" and revoke their certification to work.

Fraud is also classified by U.S. immigration law as a moral turpitude offence. Many Canadians with previous fraud convictions are denied entry and red flagged in the computer by U.S. Customs when attempting to cross.

Restitution and lawsuits: The accused may also be ordered to pay large sums of money for restitution in criminal court if found guilty. A criminal conviction can also be used in civil court as evidence against you in a lawsuit. Some accused end up bankrupt after being ordered to pay a large amount of money for restitution and/or a civil court judgment (could be millions of dollars).

Anyone who receives a fingerprint date and a court date for a fraud under or over $5000 related offence should contact a criminal lawyer immediately.

If the police decide to charge someone they will normally give them a Form 9 Appearance Notice or a Form 10 Undertaking. This paperwork may be provided at the scene, in the police car, or at the police station. Some individuals will be held for bail and if released will receive a Form 11 Release Order with a court date.

Since fraud under $5000 is normally a non violent offence, most people will be released on a Form 9 or 10. The release may occur at the store in retail cases (Home Depot, Loblaws, Superstore, Wal-Mart, Costco, etc.) whether customer/shoplifting related or from the employer, at the person’s home or doorstep, in the back of a police car, or at the police station.

Regardless of the method of release from custody, anyone who receives a Form 9, 10, or 11 with a court date is being charged by the police and the outcome of their case will be determined by the criminal court system. The store or employer is no longer in a position to drop the charges, nor are the police, from now on the Crown Attorney and the Judge/Jury are the only decision makers in your case.

Even if you admitted to the crime (to the LP officers, the police, management, etc) this does not mean your case is unwinnable or that you will go to jail and get a criminal record.

We represent those charged with fraud under and over $5000 related offences throughout all of Ontario, Canada.

Even in cases where the accused has confessed to the crime there are sometimes ways to convince the Crown Attorney to drop the charges, win a not guilty verdict at trial, or convince the Judge in court to discharge the accused.

Most of our cases are ultimately able to be withdrawn or discharged allowing the accused to avoid getting a criminal record. This is particularly important for those charged with fraud under $5000 who are in the immigration system (tourists, students, work permits, PR, etc.) because IRCC has access to and will check the CPIC database which contains all information about an applicant’s criminal history in Canada.

Many of our clients also are students, work in, or aspire to someday work in careers such as IT, banking and finance, engineering, healthcare (nurses, RPNs, PSWs, lab techs, etc.), teachers, childcare, and other sensitive (ie. vulnerable) positions. Virtually any job that requires training will also require a clean criminal record check. Employers and professional regulatory bodies would be very wary of someone who has a fraud conviction.

Fraud charges can also cause the accused to be denied entry or banned from travelling to the United States and other countries in the future. The accused’s freedom, livelihood, and future opportunities are threatened in myriad different ways.

If you or your loved one is charged with fraud under or over $5000 by the police it is in your best interest to retain a lawyer immediately to start working on your defence.

You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with fraud throughout all of Ontario, Canada.

Have a skilled criminal lawyer who focuses on defending fraud charges protect you and your future from the consequences of a criminal record.




Are you a lawyer? If you are defending a fraud related case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

---