White-Collar Crime and Fraud Lawyer Toronto
White-collar crime is a colloquial term used to describe crimes that are committed from behind a desk or in a boardroom. White-collar crime usually refers to frauds, thefts, and other complex stock and illegal tax schemes. The government of Canada has been taking a hard line on these types of crimes in recent years.
There is nothing less severe about “white-collar” crime. The stakes are usually incredibly high. People convicted of fraud go to the same facilities as other convicted criminals. There are no “tennis club” jails in Canada. The stakes are often higher than other areas of criminal law because there can be a rippling effect for those charged with white-collar crimes. The investigation and charges can destroy families and deplete their wealth. The criminal investigation can also have devastating reputational consequences for businesses and corporations. Management and employees may also face exposure to criminal and civil liability. Job losses often follow white-collar investigations and allegations.
The quicker and earlier a criminal lawyer is contacted. The faster a team can be assembled to confront and deal with criminal allegations. Weisberg Law Criminal Lawyers LLP will act fast to assemble a team of professionals to combat white-collar allegations and protect your reputation.
What “white-collar crime” means in practice
“White-collar crime” refers to non-violent, financially motivated offences that often arise in business or professional settings. These cases can involve extensive documentation, digital records, and parallel civil and regulatory investigations. Typical allegations include fraud, theft, and complex stock or illegal tax-related schemes. The stakes are always high and normally a team of professionals will need to be assembled early-on to protect corporate and personal reputations in preparation of an investigation or potential allegations. That team can and often will include: forensic accountants; private investigators; IT tech experts; civil, regulatory, and criminal lawyers.
Clients that detect a problem early-on will often have the most successful outcomes because Weisberg Law Criminal Lawyers LLP can assemble a team and give tactical and reputation-saving advice before, during and after any investigation.
White-Collar Consultation Work
Mr. Weisberg has been consulted by business people and corporate lawyers on issues relating to criminal investigations into officers, directors, and corporate organizations. He has also provided advice relating to internal matters and dealings of businesses and its employees that may be engaged in criminal activities.
White-Collar Representation
Mr. Weisberg also regularly defends individuals facing significant fraud and theft charges. He has represented management in corporations that have faced criminal charges due to their conduct while maintaining that office and prides himself on being able to handle these matters discreetly. He will strategize on ways to not only defend the charges but also help keep his client’s professional reputations intact.
How Toronto fraud cases typically unfold
Allegations often start with a complaint, audit, or internal review. Expect document requests, interviews, and potential parallel civil or regulatory action. We step in early to:
- Assemble a team of professionals: forensic accountants, IT specialists, lawyers, and private investigators
- Safeguard privilege and manage communications
- Prepare for warrants or production orders
- Preserve records while minimizing disruption
- Map a defence pathway with trial readiness in mind
- Ensure all dealings with law enforcement are ethical and professional
Penalties and sentencing for fraud in Canada
- Maximum penalty increased to 14 years for fraud.
- Conditional sentences are not usually available for major frauds.
- Two-year mandatory minimum where the total value of subject matter exceeds $1,000,000.
- Courts consider aggravating factors, including complexity and magnitude, market/economic impact, number of victims, victim loss, abuse of status, compliance with professional standards, and destruction or concealment of records. Judges cannot treat employment status/skills/reputation as mitigating if those attributes were used to commit the fraud.
Immediate steps if you’re contacted about a white-collar or fraud investigation
Do not provide statements before obtaining legal advice. Do not discuss the matter with various people inside and outside the company. Speak to a lawyer first.
Altering or destroying documents or evidence can result in further criminal charges. Contact Weisberg Law Criminal Lawyers LLP immediately.
Direct all inquiries to your counsel to protect your interests.
Call 416.605.4811 to speak with an experienced lawyer that understands how fraud laws operate in Toronto and Ontario at Weisberg Law.
Changes to Canadian Laws
In the last couple of years, new harsher penalties have been brought in to deal specifically with fraud charges in Canada. The government is trying to take away the image that white-collar offenders receive less harsh treatment than other criminals.
The maximum for fraud was changed from ten years to fourteen years several years ago. Conditional sentences are no longer available for someone facing charges of fraud over $5000. In the past, even large dollar amount frauds were being resolved for conditional sentences. A conditional sentence allows an offender to serve a custodial sentence in the community. This means that people convicted of fraud were being allowed to stay home on house arrest or with a curfew instead of having to go to jail.
There is now a two-year minimum prison sentence for people convicted of fraud where the subject-matter of the fraud is more than one million dollars.
In considering what sentence to impose the Criminal Code outlines the following aggravating circumstances as they relate to fraud convictions:
- Complexity and magnitude of the fraud; whether the fraud affected the financial markets or economy
- Number of victims
- Financial impact on victims; whether status of offender used to take advantage
- Compliance with professional standards
- Destruction or concealment of records relating to the fraud.
The Criminal Code prohibits a judge from considering an offender’s employment, employment skills or reputation in the community if these attributes were used to help commit the fraud. In most cases, a person’s previous work history or standing in the community can be used to mitigate the sentence.
Need a Fraud Lawyer in Toronto? Contact Weisberg Law Today
Weisberg Law provides experienced legal defence for professionals, business owners, and individuals facing serious white collar allegations. Contact us for a consultation and advice on white-collar crime issues. Call 416.605.4811. to speak with an award-winning criminal defence firm.