Fraud & White-Collar Defence

Sophisticated Defence for Complex Charges

Fraud is a broad offence that captures any dishonest act — whether by deceit, falsehood, or other fraudulent means — that deprives another person of property, money, a valuable security, or a service. Fraud investigations can be long, document-heavy, and involve specialized police units such as the RCMP Integrated Market Enforcement Teams, OPP Anti-Rackets Branch, or municipal fraud squads. These investigations can run for months or years before charges are laid.

At Mor Fisher, we have the analytical capacity to manage massive volumes of financial disclosure, distill the evidence to what matters, and build a defence that challenges the Crown’s narrative at every level.

The Offences and Penalties

Fraud Under $5,000 (Section 380(1)(b))

A hybrid offence. The maximum penalty on indictment is 2 years imprisonment. While sometimes viewed as a “minor” charge, a conviction for fraud — even under $5,000 — is classified as a crime of dishonesty and can have severe consequences for employment, professional licensing, and immigration.

Fraud Over $5,000 (Section 380(1)(a))

A straight indictable offence carrying a maximum penalty of 14 years imprisonment. Where the value of the fraud exceeds $1 million, the Criminal Code imposes a mandatory minimum sentence of 2 years imprisonment.

Related Offences

Fraud investigations often give rise to additional or alternative charges:

• Theft (Section 334): Taking property with intent to deprive the owner
• Theft by a person in a position of trust (Section 336): Theft by employees, agents, or trustees
• Forgery (Section 366): Making a false document with intent
• Uttering a forged document (Section 368): Knowingly using a forged document
• Identity theft and identity fraud (Sections 402.1, 402.2, 403): Obtaining or using another person’s identity information
• Possession of property obtained by crime (Section 354): Possessing proceeds of fraud
• Criminal breach of trust (Section 336): Misappropriation by fiduciaries

Areas We Defend

We represent individuals and businesses facing a wide range of financial allegations:

• Fraud Over / Under $5,000 — allegations of intentional deception for financial gain
• Embezzlement and breach of trust — cases involving employees, officers, directors, or fiduciaries who are alleged to have misappropriated funds
• Identity theft and identity fraud — unauthorized use of another person’s personal information for financial gain
• Mortgage and real estate fraud — inflated appraisals, straw buyers, undisclosed commissions, and fraudulent applications
• Insurance fraud — staged accidents, inflated claims, and false representations
• Investment fraud — Ponzi schemes, securities fraud, and misleading solicitations
• Tax fraud and evasion — fraudulent returns, unreported income, and false claims
• Credit card and bank fraud — unauthorized transactions and account manipulation
• Government benefit fraud — CERB, EI, ODSP, and other benefit program fraud

Our Defence Strategy

1. Forensic Analysis of Disclosure

Fraud cases generate enormous volumes of documentary disclosure — bank records, transaction histories, corporate filings, emails, text messages, invoices, contracts, and accounting records. We conduct a systematic review of this material, often working with forensic accountants and financial analysts to:

• Trace the actual flow of funds (which often tells a very different story than the Crown suggests)
• Identify legitimate business transactions that have been miscategorized as fraudulent
• Establish that alleged losses were the result of market conditions, business failure, or contractual disputes rather than criminal conduct
• Reconstruct the timeline of events to demonstrate the absence of a dishonest scheme

2. Challenging “Dishonesty” and “Intent to Defraud”

Fraud is not simply causing a financial loss — it requires proof of dishonesty and an intent to defraud. This is the Crown’s highest hurdle. We investigate whether the conduct was:

• A legitimate business decision that happened to result in a loss
• A misunderstanding or miscommunication about the terms of a deal
• A contractual or civil dispute that does not rise to the level of criminal conduct
• The result of negligence, incompetence, or poor judgment — none of which are criminal

The line between a bad business deal and criminal fraud is often blurry, and we exploit that ambiguity in your defence.

3. Challenging the Loss

The Crown must prove not only dishonesty but also that the complainant was actually deprived of something — or that there was a risk of deprivation. We analyze whether the alleged victim suffered a genuine loss, whether the loss was caused by the accused’s conduct, and whether the value of the loss has been accurately calculated.

4. Negotiating Resolutions

Given the complexity, cost, and length of fraud trials — which can run for weeks or months — there is often significant room for negotiation. We pursue creative resolutions that emphasize restitution over incarceration, protect your professional reputation, and preserve your future employability. In appropriate cases, we negotiate:

• Withdrawal of charges in exchange for full restitution
• Guilty pleas to lesser offences with agreed-upon sentences
• Conditional discharges (where available) to avoid a criminal record
• Joint submissions that minimize incarceration

Collateral Consequences

A fraud conviction is particularly devastating because it is a “crime of dishonesty.” The consequences extend well beyond the sentence:

• Employment: Most employers screen for dishonesty offences. A conviction can end a career in finance, accounting, law, healthcare, government, or education.
• Professional licensing: Regulatory bodies (Law Society, CPA Ontario, College of Nurses, RIBO, etc.) may revoke or suspend your licence.
• Immigration: Fraud over $5,000 is a “serious criminality” offence that can result in deportation for non-citizens.
• Bonding and insurance: Many positions require fidelity bonds that become unavailable after a fraud conviction.
• Reputation: Fraud convictions are a matter of public record and frequently attract media attention.

We consider these collateral consequences from the outset and factor them into every strategic decision.

Related Resources

• Theft & Property Offences — theft charges often arise alongside or as an alternative to fraud
• Your Charter Rights in a Criminal Case — disclosure obligations and delay arguments are particularly important in complex fraud cases
• Criminal Appeals — challenging a conviction or sentence after a lengthy fraud trial
• Bail Hearings & Reviews — fraud charges involving large sums often come with restrictive bail conditions

Facing a financial investigation? Protect your business, your career, and your reputation — contact Mor Fisher immediately.