Mississauga, Brampton and Newmarket White Collar Crime Law Firm
If you are under investigation for or have been charged with fraud, theft, breach of trust, or any other white collar or financial crime, it is critical that you find a defence lawyer with experience handling complex cases. The penalties for conviction are severe, so your choice of lawyer is critical.
I have more than 30 years of experience defending clients against all types of fraud in Ontario. I have built my practice on a foundation of thorough preparation. I create legal strategies to challenge the prosecution's case based on the unique circumstances and evidence in your case.
Skillful Defence Against Fraud and Breach of Trust Charges
I defend clients against all types of fraud charges, including:
A number of Ponzi schemes have been exposed throughout Canada in recent years. If you are accused of operating a Ponzi scheme, you know that you are facing some of the harshest penalties available for financial crimes. If you choose me to represent you, I will immediately begin investigating all the circumstances, bringing in forensic accountants and other experts, when necessary, to create a strong defence on your behalf.
Fraud of More Than $1 Million
As of November 2011, anyone convicted of a fraud involving over $1 million faces a mandatory minimum sentence of two years in federal prison. There is no eligibility for house arrest. The harsh consequences of a conviction for this kind of activity demand the attention of a skilled Toronto defence lawyer.
A court imposing a sentence for fraud is prohibited from considering as a mitigating circumstance the offender's employment, employment skills, or status or reputation in the community if those circumstances were relevant to, contributed to or were used in the commission of the fraud.
In addition, a court that imposes a sentence for fraud must consider the following aggravating circumstances
- the magnitude, complexity, duration and degree of planning involved;
- if the offence had the potential to adversely affect the stability of the Canadian economy, financial system, financial markets or investor confidence;
- if the offence involved a large number of victims;
- if the offence had a significant impact on the victims given their personal circumstances including their age, health and financial situation;
- if the offender took advantage of the high regard in which the offender was held in the community;
- if the offender did not comply with a licensing requirement or professional standard that would normally apply to the activity that resulted in the fraud;
- if the offender concealed or destroyed records related to the fraud or to the disbursement of the proceeds of the fraud.
A conviction for a fraud offence may result in a Restitution Order, a Forfeiture Order or a Fine in Lieu of Forfeiture resulting in further prison time if the Fine in Lieu of Forfeiture is not paid within the time period specified by the court.
Restitution Orders imposed in fraud cases survive bankruptcy. In other words, declaring bankruptcy will not defeat the Restitution Order. The Restitution Order will remain in place until it is paid and may be enforced in the same manner as a civil judgment.
Call Toronto Defence Lawyer Anthony De Marco for a Free Consultation
Contact my Toronto, Ontario, law firm today to discuss your fraud or breach of trust charges. I offer a free 30-minute consultation. For your convenience, I accept Visa and offer payment plans. You can reach me by phone at 416-651-2299, or toll free at 1-888-399-3164 or via e-mail.