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Ponzi Scheme Lawyer Toronto

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 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:

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

Ponzi Schemes

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

  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.

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.

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 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.

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