Fraud

Fraud

Section 380 of the Criminal Code defines fraud as follows:

•  (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.

If the fraud is for more than one million dollars the Criminal Code imposes a minimum punishment of imprisonment for 2 years. 

Market manipulation and stock fraud is set out in subsection (2) which states:

Affecting public market

• (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.

If you are facing a fraud charge, please contact PG Kent.