Fraud Over $5000: Wills, Estates, and other complex cases

Any fraud charge involving an amount over $5000 is classified as “fraud over $5000”. It could be $5001 or $5,000,000 the charge is the same.

While the charge is the same, the amount over $5000 will matter in terms of how the Crown Attorney and Judge will ultimately assess the case. As of 2022, most of these cases will involve an alleged fraud(s) from an employer, an internet scheme, insurance, call centre, or some other relatively sophisticated allegation.

In fraud and theft over $5000 cases from the workplace the accused’s relationship to the employer and level of trust is also very important. Anytime someone is found guilty of stealing from their employer it is considered a breach of trust and in Ontario can easily attract a lengthy jail sentence and criminal record even for a first time offender.

The law has always considered it extremely aggravating to “bite the hand that feeds” or to exploit a situation where someone is in a position of trust. This is particularly true when the value of the alleged fraud is over $5000 or related to a will or testamentary instrument.

The crime of fraud over $5000 is subject to up to a maximum of 14 years in prison which is documented in Section 380 (1) 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,

        (a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or ..

        (b) is guilty

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

The degree of alleged planning and sophistication involved in the offence is also extremely important. The relationship between the alleged victim and the accused is also very important. For example in the context of a department store fraud over $5000 charge, it is considered much worse to be the store Manager than a part time weekend cashier. This being said, even the cashier is looking at a potential jail sentence if found guilty/convicted.

Fraud Over $5000 involving a Will, Estate, or Testamentary instrument

Anyone who is charged with any offence of fraud over $5000 in Canada is facing a potential maximum sentence of 14 years in prison. Cases that involve wills, powers of attorney, and other testamentary instruments attract special attention by the law.

These cases are often disputed as family members may be motivated to make false claims in an attempt to maximize the money they can get out of a deceased relative’s estate. In Ontario, where home prices alone are often worth $1 million or more, manipulating a testamentary document of an eldery or vulnerable person is considered to be an extremely serious crime.

Some cases may originate in the Estate courts and ultimately result in a police investigation and charges. These are extremely serious charges.

Other cases involve manipulation of trust accounts or money held in trust relating to an estate. It could be the executor, trustee, or 3rd party that is alleged of wrongdoing. If you suspect you are subject to an investigation or will be related to a will, estate, or trust it is extremely important to consult with a lawyer immediately. These are extremely serious charges which can easily result in a penitentiary sentence (over 2 years in federal prison) even for a first time accused offender.

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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.

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