Criminal Defence
Fraud Lawyers in New Brunswick and Nova Scotia
Section 380 of the Criminal Code makes it fraud to take money, property or a service from anyone by deceit, falsehood or other dishonest means. A fraud lawyer sees the charge on both sides of the $5,000 line: over it, indictable with a fourteen year maximum; under it, hybrid and usually in the Provincial Court. The firm defends both in New Brunswick and Nova Scotia, from a disputed e-transfer to a payroll investigation that took months to reach a charge.
The Crown Must Prove a Dishonest Act, a Deprivation and Knowledge
A fraud conviction needs three things: a dishonest act, such as a lie, a forged document or some other deceitful means; a deprivation, where the complainant lost money or property or was put at real risk of losing it; and knowledge, where the accused understood the act and the risk it created. An honest belief in a deal that went wrong is not fraud. A debt that was never repaid is not fraud by itself. Most of these cases are fought on the line between a civil dispute and a crime.
The $5,000 Line Sets the Court and the Maximum Penalty
Fraud over $5,000 is indictable. The maximum is fourteen years, and the accused elects between the Provincial Court and a superior court, judge alone or with a jury. Fraud under $5,000 is hybrid, and the Crown’s election sets the track. Where the total value taken is over one million dollars, Parliament has fixed a minimum sentence of two years.
A Fraud Lawyer Works From the Documents, Not the Accusation
The case is bank statements, invoices, emails and an audit, and the defence reads all of it before the first court date. The figure alleged is usually the complainant’s own arithmetic, and it is tested, not accepted. The police interview comes after the paper file is built, and its purpose is to fill the gaps in that file. It is voluntary. Decline it until you have advice.
A First Small Fraud Can End Without a Conviction
Diversion before a plea, or a conditional or absolute discharge after one, leaves no conviction. Each is asked for with restitution arranged, a letter on the circumstances, and counselling where the case involves gambling or addiction. The request matters because fraud is a crime of dishonesty. Bonding companies, professional regulators, border officers and immigration officials all treat it as one.
Paying the money back does not end the prosecution, because the complainant does not control the charge. The Crown does. Early repayment is still the strongest mitigation available, and it makes diversion and discharges easier to grant.
Fraud Is Often Charged Alongside False Pretences and Forged Documents
A fraud information rarely arrives alone. Obtaining by false pretences under s. 362, forgery and using a forged document under ss. 366 to 368, and possession of property obtained by crime under s. 354 are laid from the same facts, and the counts overlap. The defence answers the set as one case, because the same weakness, a figure that does not hold or an intent that was honest, usually runs through every count on the page.
Each Province Has Its Own Fraud Page
Will a Fraud Charge Show on a Record Check?
An open charge can appear while the case is before the court. A withdrawal or a discharge keeps a conviction off the record, which is why the first months of the case matter more than the last.
Talk to a Lawyer Before You Talk to the Investigator
The interview request is the moment the defence starts. Contact the firm then. Related charges are covered at theft and the full practice is at criminal defence.