Fraud

Fraud charges in Toronto

When fraud charges arise, we turn to Section 380 of the Criminal Code of Canada. Fraud is divided into two categories:

• Fraud over $5,000: an indictable offence that can result in up to 14 years in prison.
• Fraud under $5,000: the Crown may proceed by indictment, with up to two years in prison, or by summary conviction, with up to six months in prison.

The Criminal Code provides that fraud is committed by deceit, falsehood, or other fraudulent means, whether or not it is a false pretence within the meaning of the Act, that defrauds the public or any person, whether ascertained or not, of any property, money, valuable security, or service.

In other words, whether or not the victim suffered an economic loss is irrelevant: fraud is committed where there is an intent to defraud and the victim is put at risk of economic harm. Returning the money is one option, and it can help your case, but it is best to consult your lawyer on the right approach. Sourena Sarbazevatan has represented many types of fraud cases, from insurance to credit card to employment fraud.

Types of fraud we defend

Fraud allegations take many forms, and each carries its own evidence and defence strategy. Sourena Sarbazevatan has acted on cases involving credit and debit card fraud, insurance fraud, employment and payroll fraud, identity theft, mortgage and real estate fraud, benefit or subsidy fraud, and investment schemes. Many of these cases turn on complex financial records, and building a defence often means working through extensive disclosure line by line.

Defending a fraud charge

Because fraud requires proof of deliberate deceit, a strong defence often focuses on intent: showing that what happened was a genuine mistake, a misunderstanding, or an authorized transaction rather than a deliberate attempt to deceive. Other defences challenge the identity of the person responsible or the reliability of the financial evidence, and in appropriate cases a forensic accountant can be retained to test the Crown's numbers. A fraud conviction can carry lasting consequences for your career and your ability to travel, so early, careful preparation matters.

What the Crown must prove in a fraud case

In every fraud case, the Crown must prove two core elements beyond a reasonable doubt: a dishonest act, meaning deceit, falsehood, or some other fraudulent means, and a resulting deprivation, meaning that a victim's economic interests were put at risk. Just as importantly, the Crown must prove that you acted with a guilty mind, knowing that your conduct could cause that risk. Fraud is not made out by a poor business decision, an honest mistake, or a misunderstanding about who was entitled to funds. Because intent is central, the defence often focuses on what you actually knew and believed at the time.

Penalties and sentencing

Fraud over $5,000 is punishable by up to fourteen years in prison, and where the total value exceeds one million dollars the law requires a minimum sentence of two years. Courts treat fraud on vulnerable victims, breaches of trust, and sophisticated or long-running schemes as aggravating factors. On the other side, a first offence, genuine remorse, restitution, and steps toward rehabilitation can significantly reduce a sentence. The way these factors are gathered and presented to the court can be the difference between a jail term and a non-custodial outcome.

Consequences of a fraud conviction

Because fraud is a crime of dishonesty, a conviction can be particularly harmful. It can end careers in accounting, finance, law, real estate, and any regulated profession, and it can trigger discipline from a professional college or licensing body. It may bar entry to the United States and other countries, and it can jeopardise permanent residence or citizenship applications for anyone whose status in Canada is not yet secure. Protecting against these collateral consequences is a central part of how we approach every fraud file.

Restitution and resolution options

In many fraud cases, the question of repaying the alleged loss looms large. Making restitution can genuinely help resolve a matter and is often viewed favourably by the Crown and the court, but doing so at the wrong time or in the wrong way can be treated as an admission of guilt. There may also be avenues such as negotiated resolutions, diversion for lower-level matters, or agreements that reduce the charge. These decisions should never be made without legal advice, because each one affects both your case and your permanent record.

Why choose Sarbazevatan Law

Fraud cases are document-heavy and technically demanding, and the lawyer you choose matters. Sourena Sarbazevatan has defended a wide range of fraud allegations and knows how to work methodically through disclosure, retain the right experts, and press the Crown to prove every element. He serves clients in English and Persian, with the discretion these sensitive matters require, and keeps the focus on protecting your future.

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