Fraud Charges In Red Deer – Get A Lawyer.
Fraud is either a summary or an indictable offence depending on the circumstances. If the subject matter of the offence is a “testamentary instrument” (most commonly a “will”), or if the value of the subject matter of the offence exceeds five thousand dollars, then it is an indictable offence. If the subject matter is not a testamentary instrument and the value is less than five thousand dollars, then it is a summary offence.
If indictable, the maximum penalty is a term of imprisonment not exceeding fourteen years. If summary, the maximum penalty is imprisonment for a term not exceeding two years.
There are special sections in the Criminal Code dealing with special types of fraud, including using the mail system to facilitate fraud, stock market manipulation, insider trading, concealment of title documents, certain land titles transactions, giving false receipts and disposing of property to defraud creditors, collection of fares, fraud in relation to valuable minerals, falsifying employment records, identity fraud and more.
Fraud As Defined In The Criminal Code
380. (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,
(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or
(b) is guilty
(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(ii) of an offence punishable on summary conviction,
where the value of the subject-matter of the offence does not exceed five thousand dollars.
(1.1) When a person is prosecuted on indictment and convicted of one or more offences referred to in subsection (1), the court that imposes the sentence shall impose a minimum punishment of imprisonment for a term of two years if the total value of the subject-matter of the offences exceeds one million dollars.
(2) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, with intent to defraud, affects the public market price of stocks, shares, merchandise or anything that is offered for sale to the public is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
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