Employment fraud charge Calgary lawyers

Employment Fraud Defence Lawyer in Calgary

The Charge

Fraud is legally defined as depriving someone of their property by using deceit or dishonesty.

Frauds are divided into two categories:

  1. Frauds that involve property worth more than $5000
  2. Frauds that involve property worth less than $5000

Common examples include:

  • One person using another person’s credit card to purchase goods without their knowledge or consent
  • An employee submitting false timesheets
  • The manager of a company altering a ledger to show higher profits, in order to collect a performance bonus

Bail Conditions for Employment Fraud

If the dollar value of the alleged fraud is high, the police or Crown may restrict your ability to travel within and outside Canada, and ask the judge to order you to surrender your passport. This is because the court may believe you have hidden the money outside Alberta, and/or are likely to flee due to the potentially high sentence.

Defending Employment Fraud Charge

We are experienced at defending allegations of fraud and embezzlement in the workplace.

If at some point during or after your employment, you believe that you are being investigated or suspected of committing workplace fraud, Do NOT talk about it with your co-workers, supervisors or the police. Your words can be used against you in court by the Crown Prosecutor to fill in any holes in the case against you. We have observed several instances in which the person suspected of committing a workplace fraud filled in the missing pieces in the prosecution’s case by discussing the allegations with a workplace associate, boss, or police officer.

Your boss may induce you to confess by offering to not involve the police. Our experience tells that that promise is broken all too frequently where there are large amounts of money at issue.

There is a place and time to share your side of the story. That place is not your supervisor’s office or a police interrogation room.

If you feel you are being suspected or investigated for a workplace fraud, contact us immediately. We can provide valuable advice on how to protect your legal interests and this confusing and stressful time.

The Sentence

The punishments for fraud can be significant. Just the fact of being found guilty will have negative consequences in many areas of your life. You may have difficulty getting or keeping employment that requires employees to handle or possess money or valuable property. Your community will view you as a person less worthy of their trust.

  • Fraud under $5000 is subject to a maximum period of 2 years in jail, in addition to the potential for probation and/or fines of several thousand dollars
  • Frauds over $5000 are punished by a maximum of fourteen years in jail, probation, and/or fines

Your penalty will also depend on whether any of the following factors were present in your case:

  • Was there a significant degree of planning, complexity, or duration to the theft?
  • Did it involve a large number of victims?
  • Did it have a significant impact on the victims, due to their health, age, or financial circumstances?

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Property Crime Offences

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Michael answered his phone at 10 o’clock at night and he and his associate helped us navigate the intimidating criminal justice system over the next 72 hours. They were available to us 24/7, clearly explained our options at each step and answered all of our questions promptly. It felt like having a guardian angel watching over us. If you have a criminal matter that you need assistance with, this is the man you need to contact.

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I was charged with assault for a minor scuffle. I knew I was in good hands with Michael’s solid legal advice and preparation for my pending case. Because of his knowledge, advice and legal expertise, all charges were dropped. Michael and his team take pride in providing not only the right result, but quality customer service along the way. I heartily recommend Michael Oykhman to anyone seeking legal counsel!

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Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.

Successful Case Results

Unlawfully in a Dwelling House, Charges Withdraw

Calgary Provincial Court
Case Number: 22601281

Our client was charged with unlawfully being in a dwelling house after it was alleged that he was heavily intoxicated and entered another person’s home without permission, frightening the homeowner who was watching TV in the living room.

Upon being retained we immediately requested disclosure. We were able to get our client into the Alternative Measures Program, and his charge was withdrawn once he completed the program.

Successful Result: Charges Withdrawn, No Criminal Record

Break and Enter, Theft Under $5000, Possession of Break-In Instruments, Possession of a Weapon for a Dangerous Purpose, Charges Withdrawn

Airdrie Provincial Court
Case Number: 23500891

Our client was facing a number of serious criminal charges after it was alleged that he had broken into a home and had stolen a number of items.

Upon being retained we immediately sought disclosure, including a fingerprint analysis. We determined that the identification of our client as the accused could not be proven beyond a reasonable doubt. We negotiated with the Crown and they withdrew all of the charges.

Successful Result: Charges Withdrawn

Theft Under $5,000, Charges Withdrawn

Canmore Provincial Court
Case Number: 22601571

Our client was charged with Theft Under $5000 after it was alleged that she had stolen money from her employer.

Once we were retained we sought disclosure and reviewed it with our client. We got our client into the Alternative Measures Program, and the charge was withdrawn upon completion of the program. As a result, our client does not have a criminal record and she was able to continue working abroad teaching English.

Successful Result: Charge Withdrawn, No Criminal Record

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Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.