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Toronto Fraud And White Collar Crime Lawyer

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 35 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:

  1. the magnitude, complexity, duration and degree of planning involved;
  2. if the offence had the potential to adversely affect the stability of the Canadian economy, financial system, financial markets or investor confidence;
  3. if the offence involved a large number of victims;
  4. if the offence had a significant impact on the victims given their personal circumstances including their age, health and financial situation;
  5. if the offender took advantage of the high regard in which the offender was held in the community;
  6. 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;
  7. 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 35 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:

  • Ponzi schemes
  • Mortgage fraud
  • Insurance fraud
  • Contract fraud
  • Cheque fraud
  • Credit card fraud
  • Breach of trust
  • Employee theft
  • Embezzlement
  • Forgery
  • Identity theft
  • Price switching

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 35 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:

Pre-Trial Charter Applications

Often, the best defence to a criminal charge involves a challenge to the investigation that resulted in the arrest of the accused or the collection of evidence against the accused. The police are not allowed to breach the rights that are guaranteed to the accused by the Canadian Charter of Rights and Freedoms.

I will investigate any possible Charter breaches by carefully reviewing the Crown disclosure documents, including the documents used by the police to obtain search warrants for the home, car or other property of the accused, and the documents used by the police to obtain production orders, such as for cell phone records and wiretap authorizations.

If I detect any violation of the Charter rights of the accused or violation of acceptable investigative procedures established by the courts, I will proceed with an application asking for the exclusion of evidence from the trial of the accused obtained illegally by the police, including the statements of the accused and other evidence seized during the investigation.

I have an established reputation for success in pre-trial applications. Winning a Charter application will result in the exclusion of evidence if the court determines that not excluding the evidence will bring the administration of justice into disrepute. The exclusion of evidence often results in a finding of not guilty if the Crown's remaining evidence is insufficient to prove that the accused committed the offence beyond a reasonable doubt.

I have the necessary experience, research skills, writing skills, and advocacy skills to prepare and effectively argue pre-trial Charter applications. The value of legal writing skills cannot be overstated since proceeding with pre-trial Charter applications will require the preparation of several documents including a Notice of Application, an Affidavit, and a Factum setting out the relevant facts and summarizing the relevant case law.

Electing to Have a Preliminary Inquiry

In all cases, in which a Defendant is facing a possible mandatory penalty of imprisonment for life, the Defendant will have the right to proceed with a preliminary inquiry in the Ontario Court of Justice and then a trial in the Superior Court of Justice before a court composed of a Judge sitting with a jury or without a jury. In the past, this level of court was referred to as "High Court".

The completion of a preliminary inquiry is not mandatory. The Defendant has the right to waive the preliminary inquiry and to proceed directly to trial in either the Ontario Court of Justice or the Superior Court of Justice. If the trial is to be completed in the Superior Court of Justice, the waiver of the preliminary inquiry will require the consent of the Crown.

At a preliminary inquiry, the Crown is required to call some evidence upon which a properly instructed jury, acting reasonably, may return a verdict of guilt. This is an easy test for the Crown to meet in the vast majority of cases. Accordingly, it is relatively rare for someone who proceeds with a preliminary inquiry to be discharged with respect to all of the charges which he or she is facing. The real value in having a preliminary inquiry is not in the hope of being entirely discharged, thereby bringing the entire criminal proceedings to an end, but in being able to better prepare the case for trial. The defence lawyer will have an opportunity to cross-examine and test the evidence of the primary Crown witnesses. An experienced and skilled defence lawyer can discover the strengths and weaknesses of the Crown witnesses and commence building an effective defence strategy. A preliminary inquiry is especially valuable for the defence in cases involving young, infirm, unreliable or unsavory Crown witnesses.

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.

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