White collar crimes is a rather complex area of the law. These types of offences often involve those that are defined as fraud offences and related variations of the Criminal Code of Canada, such as:
- Breach of Trust
- Uttering and Publishing Forged Documents
- Identify Theft
- Credit Card Fraud
- Forging Documents
The general definition of fraud is obtaining money, goods, property, services, or other such items that are considered to have value through deceitful tactics and means.
In addition, some fraud offences can easily be confused as certain elements may be similar to other criminal offences, such as robbery, theft, and false pretenses. Due to these subtle variables, the Crown has to determine what criminal charges they want to file against the accused.
Regardless of the actual charges against you, you will want to speak to Winnipeg lawyer Jeff Gindin, Q.C.
Mr. Gindin is experienced with all types of white collar and fraud crimes, as well as robbery, theft, and other criminal offences.
The penalties one could face if convicted and found guilty of white collar and fraud criminal offences is based on several different factors, which could include, but may not be limited to:
- The monetary value of the crime. $5,000 is the current cut off between the different levels of white collar and fraud offences. Those under $5,000 normally carry with it less severe punishments, compared to those of $5,000 or more.
- The type of offence. The severity of the punishment is based upon the actual offence committed.
- The number of offences committed. The number of times a person committed the offence is a determining factor for the severity of the punishment.
- Whether the person is a first offender or repeat offender. First offenders and repeat offenders are sentenced differently. Repeat offenders typically receive harsher sentencing and punishments.
Regardless of the circumstances, it is essential to keep in mind anyone convicted and found guilty of white collar and fraud crimes could face varying lengths imprisonment.
There can be different defences used to fight the charges that will vary from one client to the next based upon the actual circumstances of their particular case. For instance, you need to buy groceries and your friend gives you, what you assumed was their credit card to use. Later, you are arrested and charged with credit card fraud.
Upon review of the evidence in the case, it is discovered that your friend was the one that obtained the card through fraudulent methods. Since they gave you permission to use the card and you did not have knowledge of their fraudulent activities, your charges, if believed, may be dismissed.
Please remember this is an example and should not be construed actual legal advice. To find out what defences could be used to fight your white collar or fraud crime, contact Jeff Gindin, Q.C. directly to schedule a free consultation and case evaluation appointment now.