Mississauga, Brampton and Newmarket Fraud Charge Law Firm
Large volume frauds, Ponzi schemes and related white collar crimes have become a major focus of the Canadian government.
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.
As a result of its "tough on crime" agenda, the government of Canada, in November of 2011, enhanced the sentencing provisions of the Criminal Code of Canada with respect to frauds.
If you are facing a charge of fraud over $5,000.00, it is very important that you have skilled legal counsel to help avoid serious criminal penalties. The offence of fraud over $5,000.00 has been removed as an offence for which a community based sentence may be available. What this means is that there is no longer eligibility for a community-based sentence such as a conditional sentence of house arrest.
I have more than 30 years of experience defending clients against allegations of fraud and other white collar crimes in Ontario. I understand what is at stake for my clients and provide them with the thorough and intelligent defence needed to protect their rights and freedom.
Call me for a free 30-minute consultation. You can reach me at 416-651-2299 or toll free at 1-888-399-3164. You can also contact my law firm online.
Fraud/Ponzi Schemes/White Collar Crimes Over $1 Million
As of November 2011, anyone convicted of a fraud over $1 million faces a mandatory minimum sentence of two years in prison.
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.
Certain Circumstances Cannot Be Considered as Mitigating
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.
Mississauga, Brampton and Newmarket Ponzi Scheme Law Firm
A number of Ponzi schemes have been exposed throughout Canada in recent years. If you are accused of operating a Ponzi scheme, you are facing some of the harshest penalties available for financial crimes. When you retain my legal services, 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 Over $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.
If you are under investigation for or have been charged with fraud, breach of trust, theft, 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.
A conviction for fraud offences 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 in fraud cases survive bankruptcy. That means that if restitution is ordered, it must be paid and cannot be avoided for the rest of your life. Having the right representation on your side 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:
Mississauga, Brampton and Newmarket Theft Lawyer
Theft is one of the most common property crimes in the country. A conviction for theft carries serious consequences and can negatively impact your future. Like many criminal offences, theft offences can be prosecuted as summary conviction or indictable offences, depending on the circumstances. The possible penalties could include both restitution and jail time.
I have more than 30 years of experience defending clients charged with all types of theft in Ontario. I understand what is at stake for my clients and provide them with the strong, thorough and intelligent defence needed to protect their rights and freedom as well as reputation.
There are two categories of theft offences:
- Theft over $5,000: A conviction for stealing items worth more than $5,000 could result in 10 years of imprisonment. This is also classified as an indictable offence, which makes it harder to obtain a criminal record suspension.
- Theft under $5,000: This offence can be prosecuted either as an indictable or as a summary conviction offence. The Crown prosecutor decides how to proceed. If the Crown proceeds by indictment, the maximum penalty is two years of imprisonment. If the Crown proceeds summarily, the penalty may be a maximum of six months of imprisonment, a $5,000 fine or both
I have experience representing clients in many different types of theft offences, including:
Call Ontario White Collar Crime Defence Lawyer
Anthony De Marco for a Free Consultation
Contact my Toronto, Ontario, fraud defence law firm today to discuss your white collar crimes over $1 million case. 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. You can also contact my law office online.