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Criminal Law · Fraud Charges

Calgary Fraud Charges Lawyer

Defending Your Rights, Reputation, and Future

A fraud charges lawyer in Calgary at Centobin Law Office defends individuals charged with fraud over $5,000, fraud under $5,000, and financial crime offences under Section 380 of the Criminal Code of Canada. Whether you are facing allegations of credit card fraud, insurance fraud, mortgage fraud, or a large-scale financial investigation, the consequences extend far beyond the courtroom — affecting your employment, your ability to travel, and your immigration status.

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A fraud lawyer in Calgary provides the strategic representation needed to challenge the Crown's evidence, protect your rights, and pursue the strongest outcome available.

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Appearing regularly in Calgary Provincial Court, the Court of King's Bench of Alberta, and the Alberta Court of Appeal.

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Types of Fraud Charges We Defend in Calgary

Fraud charges in Calgary include credit card fraud, insurance fraud, mortgage fraud, identity fraud, and business fraud, each involving different evidence and legal elements. A criminal defence lawyer in Calgary identifies the type of fraud to determine the appropriate defence strategy.

Fraud under the Criminal Code covers a broad range of conduct. The specific type of fraud affects the complexity of the investigation, the evidence the Crown relies on, and the defence strategies available. Centobin Law represents clients charged with all categories of fraud in Calgary courts.

Fraud charges we defend in Calgary

Credit Card Fraud

Using, possessing, or trafficking stolen or forged credit card data. Charges may be laid under Section 342 of the Criminal Code in addition to Section 380. Penalties can reach up to 10 years imprisonment when prosecuted as an indictable offence. These cases often overlap with theft charges in Calgary and identity-related offences.

Sentencing exposure

Fraud Over $5,000 vs. Fraud Under $5,000 — Penalties in Canada

Fraud offences in Canada are divided into fraud under $5,000 and fraud over $5,000, which determines whether the offence is hybrid or strictly indictable and significantly affects sentencing. A fraud lawyer in Calgary assesses this threshold to evaluate potential penalties and defence options.

The realistic paths through a fraud case, ordered best first:

Fraud Over vs Under $5,000 — photo
Realistic outcomes, ordered best firstSelect an outcome for the detail

Alternative Measures Program

Alberta's Alternative Measures Program diverts eligible first-time offenders away from the traditional court process. If accepted, the accused completes conditions such as restitution, community service, or counselling. Upon completion, the fraud charge is withdrawn and no criminal record results.

The $5,000 threshold does not change the definition of the offence — only its classification and maximum penalty. Fraud involving any amount can have serious consequences, particularly when aggravating factors are present.

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What Is Fraud Under Canadian Criminal Law?

Fraud under Canadian law is defined in Section 380 of the Criminal Code as using deceit, falsehood, or other fraudulent means to cause or risk financial loss. A fraud defence lawyer in Calgary evaluates whether the Crown can prove both dishonesty and deprivation beyond a reasonable doubt.

Fraud is a criminal offence that applies to anyone who uses deceit, falsehood, or other fraudulent means to deprive another person — or the public — of money, property, valuable security, or any service. Unlike theft charges, which require the physical taking of property, fraud involves deception that causes or risks financial loss. A critical distinction in Canadian fraud law: the Crown need not prove that actual financial loss occurred. Demonstrating that the accused's actions created a risk of financial deprivation is sufficient for conviction.

What Is Fraud Under Canadian Law — photo
Criminal Code, Section 380(1)

Every one who, by deceit, falsehood or other fraudulent means, defrauds the public or any person of any property, money or valuable security or any service is guilty of an offence.

The two elements the Crown must prove in every fraud prosecution are: (1) an act of dishonesty — a deliberate misrepresentation, deception, or other fraudulent conduct — and (2) a resulting deprivation or risk of deprivation. If the prosecution cannot establish both elements beyond a reasonable doubt, the charge cannot result in a conviction.

Fraud Over $5,000 — Section 380(1)(a)

Fraud over $5,000 is a strictly indictable offence under the Criminal Code. The Crown has no option to proceed summarily. The maximum penalty is 14 years' imprisonment. For fraud exceeding $1 million, a mandatory minimum sentence of 2 years applies. Even for a first offence, the Crown's position on fraud over $5,000 typically includes a period of incarceration.

Aggravating factors the court considers include:

ClassificationOffence TypeMaximumMandatory MinTypical Outcome
Fraud Over $5,000Indictable only14 years2 years (if >$1M)Typically incarceration
Fraud Under $5,000Hybrid2 years (indictable) / 6 months (summary)NoneFine, probation, or AMP

Fraud Under $5,000 — Section 380(1)(b)

Fraud under $5,000 is a hybrid offence, meaning the Crown can elect to proceed either by indictment or by summary conviction. If prosecuted by indictment, the maximum penalty is two years' imprisonment. If prosecuted summarily, the maximum is six months imprisonment and/or a $5,000 fine. For eligible first-time offenders charged with minor fraud, Alberta's Alternative Measures Program may apply. This diversion program allows the accused to complete conditions — such as restitution, counselling, or community service — in exchange for the withdrawal of the charge. Successful completion means no criminal record. Having an experienced fraud defence lawyer in Calgary significantly increases the likelihood of acceptance into this program.

Key distinction

The $5,000 threshold does not change the definition of the offence — only its classification and maximum penalty. Fraud involving any amount can have serious consequences, particularly when aggravating factors are present.

Defence strategy

How Centobin Law Defends Fraud Charges in Calgary

Fraud charges in Calgary are defended by challenging intent, disputing financial loss, and identifying weaknesses in documentary and forensic evidence. A fraud defence lawyer examines whether the Crown can prove dishonesty and deprivation beyond a reasonable doubt.

Fraud cases are among the most evidence-intensive matters in criminal law. They involve voluminous financial records, complex contracts, production orders, and forensic analysis. A strong fraud defence begins with a thorough review of every document in the Crown's disclosure — and a strategic assessment of where the prosecution's case is vulnerable.

Which defence angle applies to your case?

Challenging the Element of Intent

The Crown must prove that you knowingly used deception to cause or risk financial deprivation. If the evidence shows an honest mistake, a misunderstanding of terms, or a reasonable belief that your conduct was lawful, the element of intent is not satisfied. A fraud defence lawyer in Calgary examines communications, contracts, and the sequence of events to demonstrate that deliberate dishonesty was absent.

If you are facing fraud charges in Calgary, early legal advice can significantly impact your case. Speak with a fraud lawyer in Calgary before your next court date — the sooner you act, the more options are available.

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What to Do If You Are Charged with Fraud in Calgary

If you are charged with fraud in Calgary, you should exercise your right to silence and contact a fraud defence lawyer immediately. Early legal intervention can significantly affect the outcome of your case. The steps you take immediately after being charged — or learning you are under investigation — can determine whether your case ends in acquittal, withdrawal, or conviction.

Step 1 of 5 · Step 1

Exercise your right to silence

Do not speak to police or investigators without a lawyer present. Even if you believe you have nothing to hide, statements made without legal counsel can be used to establish intent and build the Crown's case against you.

Consequences of a Fraud Conviction in Calgary

A fraud conviction in Calgary can result in a permanent criminal record, loss of employment opportunities, travel restrictions, and immigration consequences. A criminal defence lawyer works to minimize or avoid these long-term impacts. A fraud conviction extends well beyond fines or jail time. As a crime of dishonesty, fraud carries collateral consequences that affect nearly every area of your life.

Criminal Record and Employment — because fraud is classified as a crime of dishonesty, employers are particularly reluctant to hire individuals convicted of fraud, especially for roles involving financial responsibility, client interaction, or positions of trust. Professional licensing bodies may also revoke or deny certification.

Travel Restrictions — a fraud conviction is considered a crime of moral turpitude under U.S. immigration law, which can result in denial of entry to the United States, requiring a costly and time-consuming U.S. entry waiver application. Other countries, including the United Kingdom and Australia, also screen for criminal records at their borders.

Immigration Status — for non-citizens of Canada, a conviction for fraud can trigger deportation, denial of permanent residency applications, or loss of existing immigration status.

Financial and Restitution Orders — courts frequently impose restitution orders requiring the convicted person to repay the value of the fraud. Additional financial consequences include forfeiture orders, fines, and civil lawsuits from victims. A record suspension or pardon may be available after meeting eligibility requirements.

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Why Centobin

Why Clients Choose Centobin Law for Fraud Defence in Calgary

Choosing a fraud lawyer in Calgary affects how effectively complex financial evidence is analyzed and challenged in your case. Centobin Law focuses on strategic defence, forensic review, and the protection of your long-term interests.

Knowledge of Complex Financial Evidence

Fraud prosecutions depend on documentary evidence — financial statements, production orders, contracts, and forensic accounting reports. Centobin Law reviews every page of the Crown's disclosure to identify weaknesses, inconsistencies, and opportunities for exclusion.

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Frequently Asked Questions About Fraud Charges in Calgary

What is the maximum penalty for fraud in Canada?

For fraud over $5,000, the maximum sentence is 14 years' imprisonment. For fraud exceeding $1 million, a mandatory minimum sentence of 2 years applies. Fraud under $5,000 carries a maximum of two years (by indictment) or six months plus a $5,000 fine (summary conviction).

Is fraud an indictable offence in Canada?

Fraud over $5,000 is always prosecuted as an indictable offence. Fraud under $5,000 is a hybrid offence — the Crown can choose to proceed either by indictment or by summary conviction, depending on the severity and circumstances of the case.

Will a fraud conviction affect my ability to travel?

Yes. Fraud is classified as a crime of moral turpitude, which can result in denial of entry to the United States. A U.S. entry waiver may be required. Other countries, including the UK and Australia, also screen for criminal records and may deny entry.

Can I be charged with fraud if no money was lost?

Yes. The Criminal Code does not require proof of actual financial loss. The Crown only needs to demonstrate that your actions created a risk of deprivation. Even attempted fraud, or fraud intercepted before completion, can result in criminal charges.

Can fraud charges be dropped in Calgary?

Yes. Fraud charges can be withdrawn if the Crown determines there is insufficient evidence to proceed, if the evidence was obtained unlawfully, or if the accused qualifies for the Alternative Measures Program. An experienced fraud defence lawyer in Calgary can negotiate with the Crown for the withdrawal of a charge where the facts support it.

What is the Alternative Measures Program for fraud?

Alberta's Alternative Measures Program diverts eligible first-time offenders away from the traditional court process. If accepted, the accused completes conditions such as restitution, community service, or counselling. Upon completion, the fraud charge is withdrawn and no criminal record results.

What is the difference between fraud and theft?

Theft involves physically taking property that belongs to someone else without consent. Fraud involves using deception — misrepresentation, falsehood, or other dishonest means — to cause or risk financial deprivation. Both are crimes of dishonesty, but fraud does not require the physical taking of property. Centobin Law defends both theft charges and fraud charges as separate practice areas.

How does fraud relate to other criminal charges?

Fraud charges frequently accompany related offences. Credit card fraud may include theft charges. Business fraud may involve breach of trust. Some clients also face mischief charges, domestic violence defence situations involving financial control, or are dealing with concurrent impaired driving charges from a separate incident. Each charge requires its own defence strategy.

Facing Fraud Charges in Calgary? Speak with a Fraud Defence Lawyer Today.

Every fraud case has a defence. The earlier you act, the stronger your position. Contact a fraud lawyer in Calgary at Centobin Law for a free, confidential consultation — we will review your charges, explain your options, and begin building your defence strategy immediately.

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