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Canada’s Financial Underbelly: Examples of Fraudulent Activity Exposed
Fraudsters beware: Canada has a plethora of laws in place to crack down on financial crimes. Section 380 of the Criminal Code states that anyone who uses “deceit, falsehood or other fraudulent means” to defraud the public or an individual of money or property can be charged with fraud. The consequences are severe, with penalties ranging from fines to imprisonment.
Fraud Over $5,000
If you’re found guilty of fraud exceeding $5,000, it’s considered an indictable offence, carrying a maximum sentence of 14 years behind bars. If the court determines that your actions were intended to influence the market price of stocks, shares or public offerings, the penalty is even steeper – up to 14 years.
Fraud Under $5,000
On the other hand, if the alleged fraud is valued at less than $5,000, the Crown has the option to treat it as a summary conviction. In determining a sentence for fraud, judges consider aggravating circumstances such as:
- The magnitude and complexity of the scheme
- The number of victims affected
- Whether you took advantage of your reputation in the community
Using the Mail to Defraud
Section 381 of the Code makes it illegal to use the mail to deliver letters aimed at deceiving or defrauding the public. If found guilty, you face a maximum penalty of two years imprisonment for an indictable offence, with lesser sentences given for summary convictions.
Fraudulent Manipulation of Stock Exchange Transactions
Section 382 of the Code prohibits misleading the public about publicly traded stocks and securities. If convicted, you could face up to 10 years in prison for an indictable offence, or a shorter sentence for a summary conviction.
Prohibited Insider Trading
The same section makes it illegal to buy or sell securities using inside information. This law applies to:
- Shareholders
- Company officials
- Anyone who obtained information from someone in those positions
If convicted, you could face up to 10 years behind bars for an indictable offence, or a shorter sentence for a summary conviction.
Falsification of Books and Documents
Section 397 of the Code makes it illegal to destroy, alter or falsify documentation related to securities or documents. If found guilty, you could face up to five years in prison for an indictable offence, or a shorter sentence for a summary conviction.
Identity Theft/Trafficking in Identity Information
Section 402 of the Code prohibits obtaining or possessing another person’s identification with the intention of using it to commit fraud. This includes:
- Fingerprints
- Credit card numbers
- Social Insurance Numbers
If convicted, you could face up to five years in prison for an indictable offence, or a shorter sentence for a summary conviction.
Identity Fraud
Section 403 of the Code makes it illegal to impersonate someone else and use their identity information to gain an advantage, obtain property, cause disadvantage, or avoid arrest or prosecution. If found guilty, you could face up to 10 years in prison for an indictable offence, or a shorter sentence for a summary conviction.
Recent Development
In a major victory for fraud victims, the government recently repealed Bill C-5, which would have introduced mandatory minimum penalties for certain financial crimes. The move is seen as a significant step towards reducing the severity of punishment for non-violent offenders and promoting rehabilitation over retribution.