Fraud

380. (1) Fraud – 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 of 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.

RECENT EXAMPLES:

1) The Equity Trader

The accused was charged with fraud over $5,000 as a result of his business dealings with a Canadian chartered bank.  Given the substantial dollar-value involved, the Crown proceeded by indictment and offered the accused a jail sentence of between 18 months and 2 years upon entering a guilty plea.  The accused rejected the Crown’s offer, and elected to retain criminal lawyer Wade Jenson to obtain the best possible result.  Following Mr. Jenson’s extensive and successful negotiations with Crown, CHARGE DISMISSED. No jail, no probation, no record.