Financial Crime in Calgary: What If You Are Accused of Fraud or Identity Theft?
Financial Crimes Are Taken Seriously:
Fraud and identity theft are crimes that undermine public trust and can cause victims lasting financial harm. Even relatively “minor” fraud can draw serious attention.
Financial crimes are different than just a simple theft. Here, intent, planning, and a breach of trust all factor into it. That is why sentences can be severe even if the dollar amount seems modest.
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What Constitutes Fraud in Alberta?
Under the Criminal Code of Canada, fraud happens when someone uses deceit, lies, or falsehoods causes another person to lose money, property, or something else of value.
Fraud charges can range from using a stolen credit card to multi-million-dollar fraudulent investment schemes. Common fraud cases include:
- Insurance fraud (false claims after an accident).
- Credit card or bank fraud.
- Employment-related fraud, like falsifying expenses.
- Real estate or mortgage fraud.
What Is Identity Theft?
Identity theft occurs when someone obtains or uses another person’s personal information, like a Social Insurance Number, driver’s licence, or bank information without permission. Even possessing stolen identity documents without using them can result in charges.
How Is This Activity Discovered?
- Bank Alerts: Financial institutions detect suspicious activity.
- Consumer Complaints: Victim reports unknown charges or loans in their name.
- Workplace Audits: Employers find missing funds or altered financial records.
- Police Investigations: The Calgary Police Service has a dedicated fraud unit that can collaborate with other police agencies like the RCMP.
Potential Consequences if Convicted:
Penalties for fraud and identity theft vary depending on the amount and circumstances:
- Fraud Under $5,000: up to 2 years less a day in jail and/or a $5,000 fine (summary election) or up to 2 years in jail (indictable election).
- Fraud Over $5,000: up to 14 years imprisonment.
- Identity Theft: up to 2 years less a day in jail and/or a $5,000 fine (summary election) or up to 5 years in jail (indictable election).
Courts may also impose restitution and probation orders, and a conviction may lead to long-lasting restrictions on your employment (especially jobs involving money or trust).
Mistakes to Avoid After Being Charged:
- Talking to police without consulting a lawyer: Anything you say may be used against you, even if you believe you are just explaining the situation.
- Trying to “fix” it on your own: Attempting to repay money or contacting victims directly can be used against you.
How a Defence Lawyer Can Help:
A Calgary criminal defence lawyer can:
- Review the paper trail and identify weaknesses in the Crown’s case.
- Work with financial experts to challenge complex evidence.
- Negotiate reduced charges.
- Protect your rights during court proceedings.
Final Word:
Being accused of fraud or identity theft in Calgary can feel overwhelming. These charges carry life-changing penalties. But being charged is not the same as being convicted. The best step you can take is to get legal advice immediately. A skilled defence lawyer can explain your options, protect your rights, and help you obtain the best possible outcome.
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