Fraud Lawyer Winnipeg

What Is Fraud?

According to Canada’s Criminal Code, fraud is the obtaining of goods, services, money, and property through deceitful means. This may be through creating and using forged documents and cheques, identity theft, credit card fraud, or a breach of trust.

What Typically Happens to Those Convicted of Fraud?

Few people know that you usually face a more harsh consequence for fraud than if you committed theft. Also, depending on the amount of money involved, the punishment for your actions can be quite severe. If the offences involve more than $5,000, you will face a stricter penalty. While less than $5,000 will typically result in a lesser punishment. However, it should be noted that if this is a repeat offence, or not your first conviction, you may receive a tougher sentence.

If you commit a breach of trust theft, the Crown enforces stricter consequences. This crime is often referred to as a “white-collar crime” due to the fact they mostly occur between an employer and an employee who has committed fraud. Even if it is a first offence, those accused of breach of trust face stricter punishment. This is to protect employers from those they employ.

In fact, most employers have policies that prevent them from continuing to employ or hire someone with a fraud conviction. So, if you are facing charges like these, you are going to be dealing with a complex case with hefty penalties that can drag on for months and even years. That’s why you need to have an experienced criminal lawyer to help you through these troubling times, and our criminal lawyers at Brett Gladstone Corp are ready to consult with you and discuss your options.

Also, the law requires that the victim owned something of value, whether it be money, property, valuables, or services. If we can prove that they are not the rightful owner of the item or service, then that is a good step in proving your innocence. Fraud cases also have to prove “that the accused deprived the complainant of something of value or was put at risk of losing something of value.” To combat this, we will argue in court that there was no risk of losing something valuable.

When it comes to fraudulent documents, we will argue the date and time of the document, the jurisdiction of where these supposed documents were signed, and that they were not made “in the ordinary course of business” according to the Canada Evidence Act. We will even call into question the identity of the individual who signed them. At Brett Gladstone Corp, our Winnipeg fraud lawyers in Manitoba will leave no stone unturned to ensure that you are acquitted and can return to living your life the way that you want. Call us today to speak with our knowledgeable and compassionate fraud law firm for advice and further information.

Representing Victims of Fraud

If you believe you are a victim of fraud, we at Brett Gladstone Corp also represent those who have been defrauded of their personal belongings, property, or funds. We will ensure that you get victim support and will take steps to ensure that the guilty party does not escape justice. Our main priority is to make sure you are compensated for your losses.

In order to do this, we will do our best to prevent Fraudulent Conveyance. This occurs when the accused party moves their assets into another person’s name or business. Those who do this have the intent to defeat creditors and remove the proceeds of the crime from their possession.

To prevent this, we will first file a Statement of Claim and discuss with the victim whether they believe a motion for a Certificate of Pending Litigation should be brought forth. The Certificate places a lien on the accused’s property pending the outcome of the case. This act makes it difficult for the defendant to dispose of the property or obtain financing. However, filing a Certificate of Pending Litigation has its consequences, as you may become liable for damages if the Certificate is obtained under false or unfounded pretenses.