Fraud Over $5,000

What is Fraud Over $5,000

Definition: Fraud occurs when someone deceives or misleads another person to gain something unfair or cause them a loss. Section 380(1) of the Criminal Code of Canada differentiates fraud based on the value involved. When the value obtained or lost is over $5,000, it’s considered “fraud over”.

Important Points

  • Fraud covers a wide range of actions, from complex financial schemes to identity theft to mortgage fraud.
  • The Crown (prosecution) must prove the intent to deceive or mislead.
  • The value of the loss or gain determines the severity of the charge (“under” or “over” $5,000).

Common Evidence

  • Witness statements about your actions and the alleged victim’s losses.
  • Bank records, credit card statements or other financial documents.
  • Communications (emails, texts) supporting the fraudulent activity.
  • Police reports or statements from investigating officers, including forensic analysis (e.g., examining forged documents).

Penalties for Fraud Over $5,000

Fraud over $5,000 is always an indictable offence with potentially severe consequences.

  • Maximum Penalty: Up to 14 years in prison.
  • Minimum Sentence: A minimum sentence of 2 years in prison applies if the total value of the fraud exceeds $1 million.

How We Can Help

Securing Your Release: An arrest for fraud over $5,000 means you’ll likely face a bail hearing. We’ll work tirelessly to advocate for your release with reasonable conditions to minimize disruption to your life while the case proceeds.

Fighting the Charges: Every fraud case is unique. We’ll meticulously examine the evidence to build the strongest possible defence:

  • You didn’t commit fraud, or there’s mistaken identity.
  • There was no intent to deceive or mislead.
  • The value in question doesn’t meet the $5,000 threshold (though the Crown might argue otherwise).
  • The evidence against you is weak, unreliable, or obtained improperly.

Frequently Asked Questions

You could be charged for your role in the overall scheme, even if you didn’t directly handle the $5,000+ loss.

Theft usually involves physically taking something, while fraud focuses on deception to obtain something of value.

Let's Talk About Your Case

Fraud over $5,000 charges are incredibly serious and can have life-altering repercussions. The sooner you secure skilled legal representation, the better. Contact us as soon as possible for a free case review to discuss your situation and potential defences.

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