Fraud Lawyer Mississauga & Brampton
Trained at an Ontario Crown Attorney's Office.
- Free consultation
- Speak directly with your lawyer
- Flexible payment plans
- English, Punjabi and Hindi
Charged with fraud? Tell us what happened.
Fraud is an offence under section 380 of the Criminal Code: using deceit or other dishonest means to cause someone a loss or risk of loss. Fraud over $5,000 carries up to 14 years; $5,000 or less, up to two years by indictment. A fraud lawyer can examine the records.
A fraud charge can threaten your job, your professional licence and your reputation all at once. You may also be facing a demand to repay money before the case has even started. A Fraud Defence Lawyer can help you understand the allegation and respond carefully from the start.
Aftermath Law is a criminal defence practice led by Dildeep Sahi. We defend people charged with fraud under and over $5,000, including employment, cheque, e-transfer, online, benefits and insurance fraud. Charges laid in Mississauga and Brampton are generally heard at the Brampton courthouse.
Our phone is answered 24/7, including during an arrest. The first consultation is free.
Charged with fraud?
Fraud guides
8 guidesPenalties
Penalties and consequences
$5,000 or less
Fraud of $5,000 or less
- By indictment:
- up to 2 years
- Summary:
- up to 2 years less a day and/or a $5,000 fine
Over $5,000
Fraud over $5,000, or involving a will
- By indictment:
- up to 14 years
Fraud over $1 million total, on indictment, s. 380(1.1)
Mandatory minimum 2 years
See fraud sentences in Canada, including the $1 million minimum.
Fraud penalties depend on the value involved and how the Crown proceeds.
The sentence in any case depends on its own facts. Abusing a position of trust is also a statutory aggravating factor under s. 718.2(a)(iii).
These are maximums set by law, not predictions.
- Your home and familyRelease conditions can keep you out of your own home or away from family.
Release conditions, such as limits on banking, online activity or contact with a former employer.
We work to have conditions varied. - Your job and licenceEmployers and regulators often ask about charges, not just convictions.
Professional and regulatory consequences. Fraud is a crime of dishonesty. Even a charge can affect licensed professionals, such as nurses, accountants, real estate and mortgage agents, insurance agents and financial advisors.
Your regulator may have its own reporting rules and process. Get advice before you respond to your employer or regulator.
Employment problems, especially in banking, finance, government and positions of trust.
We tell you what to disclose, and when. - Your travel and statusA conviction can affect U.S. entry and immigration status.
Fraud over $5,000 carries a 14-year maximum, which can affect status. Speak to an immigration lawyer as well.
We assess this before any resolution. - Your recordA withdrawal, peace bond or discharge is not a conviction.We explain which options may apply to you.
- Restitution.
Under s. 738, a court may order you to repay losses that are readily ascertainable. This can apply after a conviction or a discharge. Repayment is often a major issue in fraud cases, so the way it is handled matters.
The earlier a lawyer is involved, the more can be protected.
RELATED GUIDES
Keep reading
4 GUIDESThe law
What the Crown must prove
The Crown must prove all three.
A dishonest act. You lied or acted dishonestly.
Loss or risk. Your actions caused a loss or put someone’s property at risk.
You knew. You knew you were being dishonest and that it could cause a loss.
Read the legal wording
Fraud is set out in section 380 of the Criminal Code. It is an offence to defraud the public or any person of property, money, valuable security or any service by "deceit, falsehood or other fraudulent means."
In plain language, the Crown must prove beyond a reasonable doubt:
- A dishonest act. This can be a lie (deceit or falsehood), or other conduct that a reasonable person would see as dishonest, such as using money for an unauthorized purpose.
- Deprivation. The dishonest act must have caused a loss to someone. As a general principle, this includes putting someone's money or property at risk of loss. The loss does not always have to be final.
- Knowledge. You must have known you were doing the dishonest act, and known it could put someone else's property at risk.
Fraud is different from theft. Theft is about taking or converting property. Fraud is about getting it through dishonesty, such as a false statement or a misleading document.
Common types of fraud charges
- Employment fraud: false expense claims, payroll changes, unauthorized refunds or misuse of company accounts.
- Cheque and e-transfer fraud: depositing bad cheques, or receiving and moving funds through your bank account.
- Online fraud: marketplace sales, rental deposits, romance or investment schemes and phishing.
- Benefits fraud: allegations involving government benefits, such as social assistance or pandemic programs.
- Insurance fraud: false or exaggerated claims, staged losses or misstatements on an application.
Some people are charged after their bank account was used by someone else. Your knowledge is often the most important question in these cases.
Read about online fraud, insurance fraud and employee fraud.
Read the full legal definition of fraud under s. 380.
THE COURT PROCESS
How your case moves through court in Ontario
Day 1
Arrest and release
Police release you with a court date, or hold you for a bail hearing, which must generally happen within 24 hours.
First court date
First appearance
Your lawyer can usually appear for you by filing a designation, so you may not have to attend.
The following weeks
Disclosure
The Crown must share its evidence, such as police notes, video and statements. We review all of it.
Discussions
Crown pre-trial
We meet the Crown to discuss the evidence, its weak points and possible resolutions.
Narrowing the issues
Judicial pre-trial
In many cases, a judge meets with both sides to narrow the issues and plan the next steps.
The outcome
Resolution or trial
The charge may be withdrawn or resolved, or it goes to trial, where the Crown must prove guilt beyond a reasonable doubt.
Your options
Possible outcomes
Depending on the evidence and your circumstances, outcomes can include:
No conviction
These outcomes end the case without a criminal conviction.WithdrawalThe Crown drops the charge.
The Crown may withdraw the charge if disclosure does not support it, or if your role is unclear.
DiversionComplete a program, then the charge is withdrawn.
For some first-time, lower-value fraud charges, the Crown may offer diversion, which may involve repayment. It is not available in every case.
DischargeFound guilty, but no conviction is entered.
For fraud of $5,000 or less, the court may grant an absolute or conditional discharge under s. 730. A discharge is not a conviction. It is not available for fraud over $5,000, because of the 14-year maximum.
Conviction
These outcomes follow a finding of guilt and leave a criminal record.ConvictionThe court enters a conviction and imposes sentence.
If the Crown proves its case, or you plead guilty, the court imposes a sentence. See the penalties above.
Depends on the case
These steps can lead to either result.TrialThe court hears evidence and decides guilt.
If the Crown cannot prove dishonesty, deprivation or knowledge beyond a reasonable doubt, you may be acquitted.
THE CROWN'S VIEW
How the Crown looks at a fraud charge
A fraud charge can only go ahead if there is a reasonable prospect of conviction and it is in the public interest. In fraud cases, the first question is often simple. Was this really a crime, or a business or personal dispute that belongs in civil court?
Prosecutors check whether there was a lie or other dishonest act. They check whether someone lost money or was put at risk of losing it. They also ask whether the person knew what they were doing. The way the amount was worked out matters too, because the line between fraud under and over $5,000 changes the penalties. Our lawyer trained at an Ontario Crown Attorney's Office, so we know that a clear, well-documented explanation can change how a prosecutor sees a file.
Paying the money back, a breach of trust and the number of victims all affect the public interest. Fraud over $5,000 carries up to 14 years and rules out a discharge. It can also make a permanent resident inadmissible for serious criminality. See our guide to fraud over vs under $5,000.
Your defence
How we defend fraud charges
What was allegedly dishonest? - Criminal Code s. 380
For section 380(1), the allegation is that deceit, falsehood or other fraudulent means defrauded someone of property, money, a valuable security or a service. A disputed transaction must be examined against that allegation, rather than its label alone. We compare the representation alleged with contracts, invoices, complete communications and what was actually supplied or paid.
Who carried out the transaction? - Criminal Code s. 380
An account or document in your name still requires careful examination of your alleged role. The Crown’s fraud allegation must connect you to the conduct charged. We compare account access, transaction dates, device records where available and communications with the actions attributed to you.
The amount and the records - Criminal Code s. 380
Section 380(1) uses a $5,000 value boundary and separately identifies testamentary instruments. A document-heavy file needs careful checking of how the Crown calculated the amount attributed to the alleged fraud. We reconcile the transactions with statements, invoices, repayments and any duplicated entries before assessing the prosecution’s figures.
Bank and device searches - Charter ss. 8 and 24(2)
Fraud disclosure may include financial records or information taken from a phone or computer. Section 8 protects against unreasonable search and seizure. We examine the authorization, scope, dates and material obtained; exclusion under section 24(2) depends on whether admitting evidence obtained through a breach would bring the administration of justice into disrepute.
Delay in a complex file - Charter s. 11(b)
Large fraud files can involve lengthy disclosure and several court appearances. The Charter protects the right to a trial within a reasonable time, but elapsed time alone does not decide whether there is a breach. We review the procedural timeline, disclosure history, adjournments and their reasons before assessing a delay issue.
Repayment and restitution - Criminal Code s. 738
Section 738 permits restitution for readily ascertainable property losses in specified circumstances after a conviction or discharge. Repayment therefore needs consideration separately from contesting the fraud allegation and does not itself end a prosecution. We review the loss records, any repayment proposal and your instructions before discussing how a proposal should be handled.
WHAT TO DO NOW
What to do if you have been charged
- Stay silent. Do not explain yourself to police, investigators, your bank or your employer. Ask to speak with a lawyer.
- Do not sign repayment agreements or admissions yet. Get legal advice first. These documents can be used as evidence.
- Preserve records. Keep bank statements, emails, texts, contracts and receipts. Do not delete anything.
- Follow release conditions. Some conditions limit banking, online activity or contact with certain people.
- Tell your lawyer about your licence or status. Professional and immigration issues should be planned for early.
- Call a lawyer before your first court date. Early advice can shape every step that follows.
PEEL REGION
Fraud charges in Peel Region
Peel Regional Police have a Fraud Bureau that investigates larger and more complex frauds, including many online scams. Smaller cases are often handled by officers at the local division. In Mississauga and Brampton, fraud charges are prosecuted by the Brampton Crown Attorney's Office at the A. Grenville and William Davis Courthouse.
Fraud cases often come with a large amount of evidence, such as bank records and account data. That means they can take longer to prepare than other charges. For lower-value frauds, Ontario Crown policy lets the Crown send the case to a community justice program. Paying back the money often matters in that decision. Fraud over $5,000 is indictable only, so you choose your trial court. That includes the Superior Court of Justice in the same building. Our Brampton courthouse guide explains the local process.
BEFORE YOU CALL
Preparing for the first conversation
Your papers (an appearance notice, summons, undertaking or release order) hold most of what we need. Look for these three things.
The charge and the section number, exactly as written.
Your next court date, time and courthouse.
Any conditions, such as no contact or where you must live.
WHY AFTERMATH LAW
A defence you can reach, afford and understand
Call 24/7Including from the police station
Arrests do not only happen during office hours. Call (647) 223-1980 any time, including from a police station. You deal directly with Dildeep Sahi. If he is in court or on another call, he will call you back as soon as he can.
Legal Aid acceptedWe'll help you check if you qualify
We accept Legal Aid Ontario certificates for criminal matters. If you qualify, Legal Aid Ontario may cover the cost of your defence. If you are not sure whether you qualify, we will help you find out.
Flat fees, payment plansAgreed in writing before work starts
Private clients get a clear flat fee for their charge, agreed in writing before work starts, with payment plans available. No surprise invoices.
English, Punjabi, HindiFamily can join, with your consent
Explain what happened in the language you think in. Family members are welcome to join the consultation with your consent.
Trained at an Ontario Crown Attorney's Office
Training at a Crown Attorney's Office gives insight into how the prosecution prepares and reviews a case.
Related pages
LANGUAGES
Consultations in English, Punjabi and Hindi
Speak with Dildeep in English, Punjabi (ਪੰਜਾਬੀ) or Hindi (हिन्दी). Legal Aid Ontario certificates are accepted.
Next steps
Talk to a lawyer today
If you are facing a fraud charge, call (647) 223-1980 any time, day or night. Start with a free consultation.
Call 24/7General information only, not legal advice. Contacting Aftermath Law does not create a lawyer-client relationship.
What clients say
Read the full reviewI had a great experience working with Dildeep. He was responsive, professional, and took the time to clearly explain my options at every step. He paid close attention to detail, answered my questions quickly, and made what could have been a stressful process feel simple and manageable. I always felt informed and confident in the advice I was getting. I highly recommend Dildeep to anyone looking for knowledgeable, client-focused legal help.
Read the full reviewWorked with Dildeep and he was extremely professional and helpful. Would recommend as he explains the process well and kept me informed and reassured throughout. Answered my questions and concerns promptly. Thank you again!
Read the full reviewDildeep and the team were extremely professional, knowledgeable and helpful throughout. Great communication and excellent service. I would definitely recommend Aftermath Law to anyone looking for a reliable and supportive legal team!
Read the full reviewHighly recommend Aftermath Law! The team is professional, knowledgeable, and genuinely cares about their clients. They are approachable, responsive, and take the time to explain things clearly
Read the full reviewI highly recommend Dildeep! He is professional, knowledgeable, trustworthy, and truly dedicated to helping his clients.
Read the full reviewVery professional and caring team, willing to go above and beyond to help with all your needs. Always my first recommendation when someone's in need of help
Questions
Frequently asked questions
What is the difference between fraud and theft?
Theft involves taking or converting property without a right to it. Fraud involves getting money, property or services through deceit, falsehood or other dishonest means. The same facts can sometimes lead to either charge.
Can I be charged with fraud if someone used my bank account?
Yes, it happens. Police may lay charges when funds pass through your account. Whether you knew the money was obtained dishonestly is often the key issue in your defence.
Is there a minimum sentence for fraud in Canada?
Yes, in one situation. Under s. 380(1.1), if the Crown proceeds by indictment and the total value exceeds $1 million, the minimum sentence is 2 years. Section 380 sets no other mandatory minimum.
Should I pay the money back before my case is over?
Not before speaking with a lawyer. Repayment can help in some cases, and a court may order restitution under s. 738. However, the timing and the way it is offered can matter a great deal.
Will a fraud charge affect my professional licence?
It may. Many regulators treat dishonesty offences seriously, and some may have their own reporting rules. Get advice early so your criminal case and your professional obligations are handled together.