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.

Fraud and theft charges withdrawn: Stephanie’s Case

CHARGES:

Theft not exceeding $5000/Shoplifting contrary to Section 344(b) of the Criminal Code of Canada

Fraud not exceeding $5000 contrary to Section 380(1) (b) of Criminal Code of Canada

BACKGROUND:

Stephanie was observed by security guards at Walmart trying to return 3 woman’s jackets that she had not purchased. The officers at the store had suspected Stephanie of fraudulent returns for several months. After having the return refused, Stephanie began shopping in the store. When leaving the store, she used a self-checkout machine. After she had left the building, the Walmart employee apprehended Stephanie and found that the items on her receipt did not match the items she was leaving with. The police were called and Stephanie was arrested, charged and released on an appearance notice.

STRATEGY AND RESULTS:

After my negotiations with the Crown, it was agreed that all charges against Stephanie would be withdrawn. The charges were withdrawn in Ottawa court.

No criminal record stemming from fraud charges: Chantal’s Case

CHARGES:

Fraud contrary to Sections 380(1)(b), 462.31(1)(a), and 354(1) of the Criminal Code of Canada

BACKGROUND: After several trips to Walmart where she returned and purchased various items, my client Chantal was arrested for fraud.  It was alleged that she attempted to return store merchandise without first purchasing it and received a refund in gift cards.   A loss prevention officer reported that he performed an investigation and after observing Chantal’s conduct, he placed her under arrest.

Read the Summary of Police Allegations

GOALS:  Chantal is a professional with a family and needed to avoid a criminal record and severe penalties.

 

STRATEGY and RESULTS:  I sought to have Chantal enter into a diversion program and avoid criminal prosecution.  I worked to have her enter a theft prevention course and make restitution. Ultimately, the Crown agreed to drop all of the criminal charges and the case was concluded with Chantal maintaining a clean record.

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.

Ontario Lottery and Gaming Corporation Introducing New Technology to Fight Fraud

OTTAWA CRIMINAL DEFENCE LAWYER –  Last week the Ontario Lottery and Gaming Corporation (OLG) rolled out a new tracking tool that will make it more difficult for those facing Ontario lottery fraud charges to defend themselves.

OLG’s new tracking system, known as the Data Analysis and Retrieval Technology (DART), can investigate the Corporation’s entire database in a matter of minutes. OLG intends to use it to seek out suspicious or potentially fraudulent practices.

An online article readable at ItWorldCanada.com, Ontario Lottery Turns to BI to Fight Fraud, sheds light on just how powerful this technology is. For example, it can trace back the entire history of any given ticket, including where it was sold, what the retailer had been doing at the terminal prior to the sale, and the time and location of checking the winning ticket.

This is the most recent of various measures the Ontario government has implemented, over the last three years, to prevent fraudulent lottery claims by those who sell tickets. Some of the other fraud-fighting steps have included:

  • A registration process for lottery ticket dealers, including background checks.
  • Routine inspections to ensure the integrity of Ontario’s lottery system.
  • Offering arbitration hearings for those involved in lottery prize disputes.

Just as with any other type of Ontario fraud, lottery fraud can result in fines, a criminal record, and even imprisonment if you are convicted. As anti-fraud measures become more advanced, you want to make sure you have a top criminal defence lawyer fighting your charges.

Have you been charged with lottery fraud or illegal gambling in Ontario? A top criminal defence lawyer can help you understand your rights, and fight to have the charges against you dismissed. For more information, contact the Ottawa criminal lawyers at Auger Hollingsworth by email at [email protected] or by phone at (613) 233-4529.

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.

Ottawa Lawyer | Fraud Prevention Centre Opens in Ontario

OTTAWA FRAUD LAWYER – As a lawyer who often defends individuals charged with fraud and similar financial offences in Ontario, I took a special interest in the recent opening of the Canadian Anti-Fraud Centre (CAFC) in North Bay, Ontario.

The CAFC assists with fraud cases in two ways. They take phone calls from victims of suspected fraud schemes – especially potential “mass-marketing” fraud schemes involving telephone scams – and report incidents of alleged fraud.

The other half of the practice is more concerning for Ontario defence lawyers. The CAFC employs a team of 24 intelligence analysts who are paid to dig up the details of alleged fraud schemes. These details are then sent to law-enforcement agencies.

The CAFC’s brand-new web site, http://www.antifraudcentre-centreantifraude.ca/, releases monthly reports containing some fascinating statistics on fraud in Canada. Here are some of the stats they’ve shared for October 2010:

  • The centre received calls from 640 Canadian mass-marketing fraud victims, who were defrauded of more than $2 million in total.
  • The centre received a total of 10,653 phone calls in the one month alone.
  • More than 600 of October’s complainants were victims of identity theft and identity fraud.

The existence of this new centre – especially given its intelligence staff – will only serve to make the situation more difficult for those who have been charged with fraud in Ontario. As Canada continues to crack down on fraud and other white-collar crimes, it is important to make sure you understand your rights if you have been investigated or charged.

Are you under investigation, or have already been charged, in connection with a case of fraud in Ontario? You should not proceed alone – get help and advice from a top criminal defence lawyer who has experience handling white-collar crime and fraud cases. For more information, contact the Ottawa lawyers at Auger Hollingsworth by email [email protected] or by phone at (613) 233-4529.

How and Why Should I Hire a Lawyer to Fight Ontario Fraud Charges?

OTTAWA CRIMINAL DEFENCE LAWYER – Some of the individuals who come into my office seeking legal counsel are facing charges for fraud, which is a serious Ontario criminal offence. This offence can be defined as gaining money unlawfully through deception.

Possible fraud convictions in Ontario are split into two categories, depending on how much money was involved in the alleged fraud incidence.

  • If you are convicted of fraud over $5000, an Indictable Criminal Offence as outlined by the Criminal Code of Canada, you could be sentenced to up to 14 years in prison.
  • Fraud under $5000 can be an Indictable Offence under the Code – punishable by a prison sentence of up to two years – or it can be a summary offence, resulting in fines.

Serving time in prison for a fraud conviction would have significant impact on your life and the lives of your family members. This kind of conviction is something you want to avoid at all costs, by fighting the charges against you.

Do I need a criminal defence lawyer to help me fight these charges?

The answer is yes.   Crown prosecutors sometimes have difficulty proving guilt in these cases, so there is often a chance of successfully having your charges dismissed. A number of defences – for example, proving a lack of intent to defraud, or challenging a search warrant – can be employed in order to fight the fraud charges against you.

The reason most people hire a lawyer to help fight fraud charges – and so should you – is that an average person does not have the specialized training and experience to make these complex legal arguments.

How do I go about finding the right criminal defence lawyer for my Ontario fraud case?

Choosing the right criminal defence lawyer to fight your white-collar crime charges should involve a lot of research. Investigate lawyers’ web sites thoroughly to get an idea of how knowledgeable they are on the subject. Here are three things to keep in mind:

  • Does the lawyer have testimonials and case results verifying past wins in fraud cases?
  • Is the lawyer willing to share information on the subject (e.g. books, brochures, consultations)?
  • Is the lawyer willing to represent me in any court across Ontario?

With the right lawyer, you could get your Ontario fraud charges dismissed – and avoid having to pay fines or spend time in prison.

Have you been charged with fraud in Ontario? A top criminal defence lawyer can give you the advice you need to fight your charges. For more information, contact the Ottawa 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.