Fraud Charges and the Role of Intent

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Edmonton and Calgary Fraud Defence Lawyers

Fraud is a severe crime, whether it’s stealing money from senior citizens in Canada by calling them or defrauding investors out of their savings for a “second best business investment.” This act generally consists of persuading someone to give up their property by misrepresenting the use of the money or by lying for personal gain. Individuals committing fraud need an experienced fraud defence attorney. If you have been charged with theft, fraud, or a similar crime, you deserve your day in court, with a fair and just result. Call us today for your free consultation with our experienced criminal defence lawyers so we can start your defence immediately.

What counts as fraud in Canada?

Canadian criminal law defines fraud as the willful deprivation of property (property, money, services, etc.) by deceiving or misrepresenting a person’s true intentions. Although technically theft, in fraud cases the theft occurs because the victim voluntarily gave up money, property, or services.

Fraud crimes may include:

Identity theft:

Identity theft is a crime in Canada. With the proliferation of technology today, stealing identities and committing fraud has become a very lucrative business. It includes everything from forging checks and using stolen credit cards to sophisticated fraud, where fraudsters impersonate others to access their assets. Scammers can use stolen personal information to cash cheques, rob bank accounts, defraud credit card companies, and even charge large mortgages on your home. Identity thieves obtain personal information in a variety of ways. Some steal old bills or pre-printed credit card offers that have been thrown in the trash or recycling bin. Others misuse information lost by or stolen from retailers, other businesses, and even government agencies.

Credit card fraud:

A common form of fraud is making unauthorized purchases using someone else’s credit card. This usually follows a theft where the card was deliberately stolen from someone’s wallet or purse. In many cases, suspects simply find a lost wallet or purse, and instead of returning it to its owner or the police, they keep it for themselves and use its contents.

Money laundering:

Money laundering is a serious crime. It compromises the security and life quality of people in Canada. It’s a way of concealing where money comes from. This bad money is often made in the wrong ways. Money laundering is used by criminal organizations to fund other activities such as corruption, fraud, human trafficking, and drug and weapons trafficking. It also impedes the integrity and stability of the global financial system and the global economy as a whole. In cases of tax fraud and securities fraud, money laundering is often used to disguise illicit profits. A fraud conviction for money laundering can lead to significant penalties, with the maximum penalty reaching up to 14 years in prison. However, depending on the case, some offenders may receive a minimum sentence or alternative penalties.

Embezzlement:

Under Canadian law, embezzlement is classified as a theft offence. In a nutshell, embezzlement is a type of financial fraud that involves the unauthorized taking or use of another person’s property or money with the intent of temporarily or permanently depriving that person of the property or money. Embezzlement is a crime that can last for many years. Embezzlement charges are serious, and a conviction can have serious long-term consequences. Embezzlement cases usually have certain defences. These could involve things like there not being enough proof, or lack of intent, or mistaken ownership claims. The court process for these cases is usually about looking at bank records and what witnesses say. They also look at ways to question the people trying to prove the crime. Strong legal representation can make a significant difference in the outcome of these charges.

Internet, mail, and wire fraud:

Mass marketing fraud is defined as deception committed through mass communication channels such as telephones, the internet, email, television, radio, and personal contact. It includes wire fraud, mail fraud, and telemarketing fraud with the intent of defrauding the public of money or other valuables. Fraud is similar to theft in that it is done with the intent to deceive the public or give a false representation. In Canada, fraud is big business. According to the Canadian Anti-Fraud Centre, which collects data on fraud and identity theft, there were 11,266 reports of fraud in Canada as of February 28, 2021, with 7,646 victims and over 34 million dollars lost to fraud. Canadians lost over 107 million dollars to scams and fraudsters in 2020.

Mortgage fraud:

The allure of “easy money in real estate” can be hard to resist. Consumers who knowingly misrepresent information risk becoming complicit in mortgage fraud. Mortgage fraud is the intentional misrepresentation of information in order to obtain mortgage financing that would not have been granted if the truth had been revealed. Borrowers who misrepresent information, as well as straw buyers who allow a property to be purchased in their name, are committing mortgage fraud and will be held liable for any financial shortfall in the event of a default. They may also face criminal charges for their misrepresentation.

The “criminal intent” required for fraud.

To justify fraud liability, you must also prove that the prohibited act was committed for the required criminal purpose. This includes that the defendant had subjective knowledge that he was committing a prohibited act (e.g., that he made the statement knowing it was false), and that this prohibited act was committed by another person. Evidence is required that the person was subjectively aware that deprivation could be caused by taking the property of others or by exploiting the property of others. Even if the defendant had no intention of conferring deprivation on the victim, this can be irrelevant in determining criminal intent for fraud. Evidence of recklessness or willful blindness is also sufficient to prove criminal intent required for a fraud charge.

Contact Martin G. Schulz & Associates

Charged with alleged fraud in Alberta? We can help. Fraud is a serious criminal offence that involves deception for personal gain. If someone accuses you of fraud – maybe stealing identity, cheating with credit cards, or swindling others – it’s crucial to have a smart, competent lawyer on your side. We at Martin G. Schulz & Associates know how the court system works and what exactly you need for fighting against fraud charges.. Our team will build a strong defence based on the facts of your case. There are many types of fraud, and each requires a tailored approach to protect your rights. Call us at (780) 490-1100 in Edmonton, (403) 245-9200 in Calgary, or 1-800-253-2105 for general inquiries. You can also email us at criminal@mgs.tv. Early legal representation is critical—don’t wait.

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