Ottawa Fraud Lawyer

Being charged with fraud in Ontario is a serious matter and if you are facing fraud charges, you need the help of an experienced lawyer.  Fraud in Ontario is defined as intentional deception for unlawful gain.  In other words, fraud occurs when an individual profits from deliberately misleading or deceiving another individual.  Examples of fraud include: tax fraud, healthcare fraud, mortgage fraud, credit card fraud, insurance fraud, and business fraud.  Such crimes are also often termed “white collar crimes”, particularly when the crimes are committed by wealthy individuals, businesses or government employees.

Allegations of fraud can be damaging to a person’s reputation, career and family life.  Investigations into fraud charges are often time consuming and complicated because they usually involve complex paper or electronic trails that the lawyers need to examine.  If you were charged with fraud involving your employer, the allegations and potential consequences are often more serious.  In addition, the potential consequences usually increase in proportion with the seriousness of the fraud committed.

Due to the complex nature of fraud charges, it is in your best interest to hire a good Ottawa fraud lawyer who can represent you and defend your case.  You are more likely to receive a favourable outcome if you work with a criminal lawyer who is experienced in defending fraud allegations.

If you are unsure as to whether or not some of your behaviour qualifies as fraud, it is important for you to speak with a fraud lawyer.  This might protect you in the future if you are investigated for fraudulent activity.  The law surrounding fraud can be complicated and in some circumstances, individuals may not be aware that the transactions or financial activities they are involved in are fraudulent.  In order to avoid criminal charges or to establish a sound legal defence against fraud, speak with an experienced Ottawa fraud lawyer.

What are the Potential Penalties for Tax Evasion in Canada?

It’s time to file our income taxes again and the Ontario criminal lawyers at Auger Hollingsworth want to take this opportunity to remind you of the importance of filing your tax returns.  Most people don’t enjoy filling out their income tax returns and it can sometimes be easy to procrastinate.  Failing to file your income tax returns is serious and should be taken seriously.  If you don’t file your taxes, or if you conceal income or make false claims deductions, you may be charged with tax evasion.  Canada’s Income Tax Act outlines all of the offences and penalties associated with tax evasion.

The potential penalties for tax evasion include fines, imprisonment, or sometimes, both.  The amount of the fine is usually in proportion to the amount of taxes an individual was trying to evade.  Depending on the particular circumstances and the seriousness of tax evasion, the penalties can be quite severe.  Failing to file your income tax return is usually considered to be a lesser offence with fines ranging from $1000 – $25 000.  You may also face up to twelve months in prison for not filing your taxes.  Again, this varies on a case by case basis so it is best to speak with an experienced Ontario criminal lawyer if you are facing tax evasion charges.

Making a false statement on your income taxes is more serious.  Someone who makes a false or misleading statement or intentionally tries to avoid paying taxes will usually receive a fine in the amount of fifty to two hundred percent of the amount of tax that was supposed to be paid.  An individual may also receive up to two years in prison for making a false statement on their income tax return.

Tax evasion also includes claiming false credits or deductions that an individual is not really entitled to.  This also includes conspiring with another person to claim false deductions.  The penalty for this kind of tax evasion is similar to making a false statement since the individual receives a fine between fifty and two hundred percent of the amount of tax that would be assessed if the individual had not tried to make a false deduction.  A prison sentence of up to two years can also be added as a penalty.

As you can see, tax evasion is taken seriously in Canada so it is important to file your income tax returns properly.  There are a number of services that exist to help individuals file their taxes so feel free to take advantage of this help.  If you are facing tax evasion charges, you should hire legal counsel to represent you.  The Ottawa criminal lawyers at Auger Hollingsworth can help your defence against tax evasion charges.

Can My Accountant Help Me With My Income Tax Evasion Charges?

While it may seem as though your accountant would be able to help you face tax evasion charges, it is important that you stop talking with your accountant immediately. If you are charged with income tax evasion do not discuss your case with your accountant.

Although you may have had a good relationship with your accountant, it is important that you do not discuss your charges with him or her. This is because your accountant could potentially unwillingly become a witness against you in court. If this happens, you don’t want them to have anything to say against you.

The Canada Revenue Agency or the prosecutors can use your accountant as a witness in court. In fact, your accountant could be compelled to be a witness for the prosecutors, even if he or she doesn’t want to. If called as a witness, your accountant would have to honestly answer all of the prosecutor’s questions and will be required to tell the court everything that you shared with him or her. This could potentially damage your case so it is important that you do not give any information about your charges or your case with your accountant.

If you are charged with income tax evasion, the first thing you should do is enlist the help of an experienced criminal defence lawyer. If your accountant is interested in your case and wants to know details, even if they offer their “help”, it is best if you politely tell them that you are unable to discuss your case with them. It is possible that you will be able to resume contact with your accountant at a later date, but until your lawyer advises you in this way, refrain from discussing your case with your accountant. This is one way that you can do all that you can to ensure your defence is as strong as possible.

Ottawa Tax Evasion Lawyer

Tax evasion and other violations of Canada’s Income Tax Act are serious criminal offences.  Canada’s Income Tax Act outlines all of the possible offences regarding the submission, payment, and handling of tax.  Some of the more serious offences include making a false statement in a tax return, altering or destroying your account books with the intent of avoiding tax, and purposely avoiding tax payment.  In addition to these offences, less serious infringements and regulatory offences are also outlined in Canada’s Income Tax Act.

Some may think that tax evasion is a crime committed exclusively by wealthy individuals or businesses, but in reality, offences against Canada’s Income Tax Act are more common than you might think.  Whether intentionally or accidentally, many individuals fail to file their tax returns, submit their returns late, or fail to report income on their returns.

It is very important that you complete your tax return forms properly in order to avoid any criminal charges.  In the event that you are charged with violating the Income Tax Act, contact a criminal lawyer who can help you create a defence for your case.

If you are charged with violating the Income Tax Act, you may have recourse to one or more of the possible defences available to those charged with tax evasion.  If you are found guilty of the offence, you will likely be responsible for paying the tax as well as any related penalties and interest.  In some circumstances, individuals can receive a criminal sentence in addition to these financial penalties.  These criminal sentences can include additional fines as well as time in prison.  Your lawyer will be able to advise you and defend your charges appropriately, based on the specific nature of your case.

Ottawa Fraud Lawyer

Being charged with fraud in Ontario is a serious matter and if you are facing fraud charges, you need the help of an experienced lawyer.  Fraud in Ontario is defined as intentional deception for unlawful gain.  In other words, fraud occurs when an individual profits from deliberately misleading or deceiving another individual.  Examples of fraud include: tax fraud, healthcare fraud, mortgage fraud, credit card fraud, insurance fraud, and business fraud.  Such crimes are also often termed “white collar crimes”, particularly when the crimes are committed by wealthy individuals, businesses or government employees.

Allegations of fraud can be damaging to a person’s reputation, career and family life.  Investigations into fraud charges are often time consuming and complicated because they usually involve complex paper or electronic trails that the lawyers need to examine.  If you were charged with fraud involving your employer, the allegations and potential consequences are often more serious.  In addition, the potential consequences usually increase in proportion with the seriousness of the fraud committed.

Due to the complex nature of fraud charges, it is in your best interest to hire a good Ottawa fraud lawyer who can represent you and defend your case.  You are more likely to receive a favourable outcome if you work with a criminal lawyer who is experienced in defending fraud allegations.

If you are unsure as to whether or not some of your behaviour qualifies as fraud, it is important for you to speak with a fraud lawyer.  This might protect you in the future if you are investigated for fraudulent activity.  The law surrounding fraud can be complicated and in some circumstances, individuals may not be aware that the transactions or financial activities they are involved in are fraudulent.  In order to avoid criminal charges or to establish a sound legal defence against fraud, speak with an experienced Ottawa fraud lawyer.

Can Canada Revenue Agency Employees be Charged with Ontario Fraud?

OTTAWA CRIMINAL DEFENCE LAWYER – Alleged fraud in Ontario is often detected by agencies such as the Canada Revenue Agency or the Canada Anti-Fraud Centre, before it is reported to authorities and charges are laid.

It’s fair to ask, then: if I am an employee of the Canada Revenue Agency, or a similar government agency tasked with preventing white collar crime, is there a chance I can avoid charges, or be given special treatment during my prosecution?

In the CBC’s recent story, Canada Revenue Employee Faces Fraud Charges, we saw a great example of the answer – employees at the Canada Revenue Agency and other financial agency receive no special protection against fraud and related charges. If they are charged with fraud, they are prosecuted in the same fashion as any other worker would be.

In this case, the Canada Revenue Agency employee charged with fraud allegedly used his position within the agency to facilitate fraud – by advertising himself as a tax consultant.

This kind of misrepresentation can result in criminal charges and even a conviction – regardless of where you work. The individual charged in this story ended up with numerous serious charges:

  • Two counts of fraud over $5,000.
  • Breach of trust.
  • Secret commissions.
  • Uttering a Forged Document.

If you have been charged with any kind of fraud in Ontario, you need to get the best possible legal help. A top criminal lawyer can inform you of what consequences you may face, and more importantly, fight your charges in order to avoid them. For more information, contact the Ottawa lawyers at Auger Hollingsworth by email [email protected] or by phone at (613) 233-4529.

Fighting Ontario Insider Trading Charges

OTTAWA CRIMINAL DEFENCE LAWYER – Insider trading is a criminal offence in Canada under both the Criminal Code and the Securities Act. For those unfamiliar with the term, insider trading is the act of providing, or acting on, a “tip” concerning the financial future of a publicly-traded company.

There are serious consequences for both those who commit insider trading, and those who provide the tips. If convicted, “tippers” face up to five years in prison. Insider traders themselves could spend up to ten years in prison.

There was a recent piece in the Globe and Mail entitled Ensuring Secrets Stay That Way which discusses the modern framework for prosecuting insider traders and tippers in Ontario. The article discusses the case of Mitchell Finkelstein, an Ontario lawyer recently charged with insider trading.

As the article clearly outlines, an insider trading offence can be extremely difficult to prove – and even more difficult to convict with a prison sentence.

Tips can come from a variety of places. They can come from a corporate “insider” – defined as a senior officer or executive who is privy to major upcoming business decisions such as takeover. They can also come from business lawyers who assist with planning and implementing these major business moves.

The best way to avoid insider trading charges in Ontario is to report any trading you do as an insider. These reporting forms are readily available from the government and give you an opportunity to disclose your status as an insider – preventing you from being prosecuted for doing the trading.

Have you been charged with insider trading, fraud, or any other white-collar criminal offence in Ontario? A top criminal defence lawyer can help you determine the best way to have your charges dropped. For more information, contact the criminal defence lawyers at Auger Hollingsworth by email [email protected] or by phone at (613) 233-4529.

What Should I do If I am Arrested by the Police?

As an Ottawa criminal defence lawyer, I am often asked what someone should do if he or she is arrested by the police in connection with a crime.

If you are ever arrested by the police for a crime like fraud, tax evasion, assault, impaired driving or even homicide, the worst thing you can do is to talk to the police about “what happened”.  Protesting your innocence to the police will not get you anywhere and may make things much more difficult for your criminal defence lawyer.

Instead of trying to talk your way out of the criminal charges, politely but firmly indicate that you would like to speak with a criminal defence lawyer.  You really should not say more than that.  Even small comments can be used by the Crown against you in a trial.

Make the most of your telephone call with a criminal defence lawyer.  Keep in mind that you do not only get one call as they say on television.  If you do not reach your counsel of choice, in many cases you can leave a message for a return call or select another lawyer of your choice to try to call.

During the call, the lawyer will probably not want you to talk about the nitty gritty of your case.  Instead, the criminal defence lawyer will want to explain to you how to cope with the arrest process and what to expect.  The strategy for defending against the charges will be developed after the arrest process is completed and you are either released on bail or moved to the detention centre.

While your arrest is processed, you may be placed in a holding cell.  In Ottawa, most areas of the cell blocks are video taped. In some circumstances there may be audio as well.  Your behaviour during that process will be recorded.  Accordingly, you should be calm, cool and collected.

An arrest for a criminal charge is scary and undesirable.  However, with thoughtful advice from an experienced criminal defence lawyer like Richard Auger, the disruption to your life can be minimized.

Illegal Gambling Charges Overturned by Ontario Judge

OTTAWA CRIMINAL DEFENCE LAWYER – Illegal gambling is one of the Ontario criminal charges that some of my clients are facing when they call me for legal consultation.

A conviction for illegal gambling activities – which the Ontario Provincial Police explain can include illegal bookmaking and unauthorized card dens or video lottery machines – could end up with you paying serious fines and penalties, or even serving a prison sentence.

But if your charges were brought against you wrongfully, there is often a practical strategy your lawyer can use to have them dismissed or withdrawn. I have successfully fought all kinds of white collar crime cases, and just recently achieved positive results in an illegal gambling case in Kingston, Ontario.

I was representing a Corrections Canada employee living in Smith’s Falls, who pleaded guilty to the illegal gambling charges against him. However, we were successful in achieving a conditional discharge for the client – including 12 months of probation.

A woman who also pled guilty and was convicted in the same case was forced to pay a $10,000 fine. The story of the withdrawn charges made regional headlines in Eastern Ontario, and you can read the full story online here at the Kingston Whig-Standard’s website.

When it comes to illegal gambling and other serious Ontario white-collar crime charges, sometimes all it takes to avoid a large fine or imprisonment is some help and advice from the best criminal defence lawyer for your case.

Have you been charged with a white-collar crime such as illegal gambling, fraud, or tax evasion? It’s important that you speak with a criminal defence lawyer who can give you valuable advice on how to proceed. For more information, contact the Ottawa lawyers at Auger Hollingsworth by email at [email protected] or by phone at (613) 233-4529.

Income Tax Evasion and Fraud: Top Lawyer’s Case Results

OTTAWA CRIMINAL DEFENCE LAWYER – Income tax evasion and fraud are common criminal charges in Canada, and they have been popping up quite a bit on this blog in the last few days.

When I reflect on my career spent defending those charged with white-collar criminal offences, there are a couple of cases that stand out as interesting examples of tax evasion and fraud.

Just last year I served as legal counsel for Karlheinz Schreiber, a German-Canadian businessman who was alleged to have been involved in illegal financial dealings with former Canadian Prime Minister Brian Mulroney.

Completely separate from the focus of the Oliphant Inquiry were the income tax evasion charges Schreiber was facing in Germany. German prosecutors alleged that Schreiber had evaded paying more than 7.3 million Euros as commission income from arms deals. Schreiber was eventually extradited from Canada to Germany.

Prior to working on the Oliphant Inquiry, I handled a tax evasion case that was prosecuted in Toronto. My client, Eva Hua Chen, was charged income tax evasion. Court heard that the case against Ms. Chen was built around documents that were seized from her home.

I successfully convinced the court that the documents had been obtained without reasonable grounds for searching Ms. Chen’s home. The court excluded all of the evidence and dismissed all of the income tax evasion charges against my client.

Fraud and tax evasion charges in Canada are serious, but with the right criminal defence lawyer, you may have a valid defence that could result in the charges being dismissed. For more information, contact the Ottawa criminal defence lawyers at Auger Hollingsworth by email [email protected] or by phone at (613) 233-4529.