Fraud Lawyer in Winnipeg
To commit a fraud is to deceitfully obtain items of value including but not limited to goods, services, money, or property also known as a white collar crime. This requires an intention to deceive or knowledge that deceit was involved in obtaining the good. These offences can range in severity and largely depend on the value of the good (over or under $5000).
If found guilty, in determining whether the individual could be imprisoned a judge will look at the length and degree of the planning in the fraud, the impact and number of victims, as well as a failure to comply with a professional standard.
Being found guilty of a fraud related offence could limit future employment opportunities. If you have been charged with a fraud related offence, it is best to seek the guidance of an experienced lawyer at Brodsky Amy & Gould.
Differences Between Theft and Fraud
Theft and fraud are similar – both are crimes that involve depriving victims of their property. The core differences between the two are the methods that are used. In theft, stealth, violence, and coercion are common tools. Criminals engaged in theft rarely try to conceal the theft.
In fraud, the main tool is deceit. The most successful frauds go unnoticed for long periods of time – fraudsters deprive their victims of property and conceal the fact that they’ve done it. Property is often given up willingly by the victim for the promise of goods, services, or some other return that will never materialize.
Penalties for Theft and Fraud
For both fraud and theft, penalties are assessed based on the value of the property that was stolen. There are different penalties for theft and fraud under $5000, and theft and fraud over $5000.
This table will help you understand the penalties for theft and fraud:
|$5000 or under (Summary conviction)||Max 6 months in provincial jail or $5000 fine||Max 6 months in provincial jail or $5000 fine|
|$5000 or under (Indictment)||Max 2 years in federal prison||Max 2 years in federal prison|
|Over $5000||Max 10 years in federal prison||Max 14 years in federal prison|
The maximum penalty for fraud is higher than the maximum penalty for theft. Various circumstances and factors will determine whether or not the maximum sentence is pursued.
Different Types of Fraud
There are a wide variety of different types of fraud. They include:
- Advanced Fee Fraud
- In which the perpetrator promises goods or services rendered at a later date in exchange for a fee in advance. Those goods and services are never rendered.
- Identity fraud
- In which the perpetrator acquires a victim’s personal and financial information and uses it to make purchases, take advances on credit cards, make withdrawals from personal bank accounts, etc.
- Insurance fraud
- In which the perpetrator falsifies damages, exaggerates the value of items, or otherwise intends to deceive an insurance company for money.
- White collar fraud
- A wide range of different frauds in which perpetrators embezzle funds, evade taxes, manipulate stocks, or otherwise use their professional knowledge of financial systems in order to defraud entities of property.