Looking for a White Collar Crime Lawyer?

“White Collar Crime” is a term that refers to a group of criminal offences (charges) that are primarily considered business-related or money-related crimes. Here are some examples of provisions of the Criminal Code of Canada that address fraud or “white collar crime”. If you are charged with these offences, you may face serious penalties if convicted. In addition, you will face long-term difficulty getting employment and travelling to the United States.

Some of these provisions have been paraphrased to make them easier to follow.

Theft

322. (1) Every one commits theft who fraudulently … takes, or … converts to his use or to the use of another person, anything, …with intent

• (a) to deprive … the owner of it …
• (b) to pledge it or deposit it as security;
• (c) to part with it under a condition … that the person … may be unable to perform; or
• (d) to deal with it in such a manner that it cannot be restored …

(3) A taking … may be fraudulent … without secrecy or attempt at concealment.

Theft by person holding power of attorney

331. Every one commits theft who, [misappropriates money while acting as power of attorney].

Misappropriation of money held under direction

332. (1) Every one commits theft who, [misappropriates money held for direction].

Criminal breach of trust

336. Every one who, being a trustee of anything … for a public or charitable purpose, converts, with intent to defraud … to a use that is not authorized by the trust is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Fraudulent concealment

341. Every one who, for a fraudulent purpose, takes, obtains, removes or conceals anything is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

Theft, forgery, etc., of credit card

342. (1) Every person who:

• (a) steals …
• (b) forges …
• (c) possesses, uses or traffics in a credit card … knowing that it was obtained, made or altered …
• (d) uses a credit card knowing that it has been revoked or cancelled,
• is guilty of (e) an indictable offence and is liable to imprisonment for a term not exceeding ten years, or
• (f) an offence punishable on summary conviction.

Unauthorized use of credit card data

(3) Every person who, fraudulently … possesses, uses, traffics in or permits another person to use credit card data, whether or not authentic, … is guilty of

• (a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
• (b) an offence punishable on summary conviction.

Making, having or dealing in instruments for forging or falsifying credit cards

342.01 (1) Every person who, without lawful justification …

• (a) makes or repairs,
• (b) buys or sells,
• (c) exports from or imports into Canada, or
• (d) possesses any device …

for use in forging or falsifying credit cards is … liable to imprisonment for a term not exceeding ten years, or is guilty of an offence punishable on summary conviction.

False Pretences

361. (1) A false pretence is a representation of a matter of fact either present or past, made by words or otherwise, that is known by the person who makes it to be false and that is made with a fraudulent intent to induce the person to whom it is made to act on it.

362. (1) Every one commits an offence who

• (a) by a false pretence … obtains anything in respect of which the offence of theft may be committed or causes it to be delivered to another person;
• (b) obtains credit by a false pretence or by fraud;
• (c) knowingly makes … a false statement in writing … with respect to the financial condition or means or ability to pay …
• (i) the delivery of personal property,
• (ii) the payment of money,
• (iii) the making of a loan , … or credit …
• (vi) the making, accepting, discounting or endorsing of a bill of exchange, cheque, draft or promissory note; or
• (d) knowing that a false statement in writing has been made …

Presumption from cheque issued without funds

(4) Where … it is shown that anything was obtained …by means of a […] cheque [that does not clear] … it shall be presumed to have been obtained by a false pretence, unless the court is satisfied by evidence that when the accused issued the cheque he believed on reasonable grounds that it would be honoured …

Obtaining execution of valuable security by fraud

363. Every one who, with intent to defraud or injure another person, by a false pretence causes or induces any person

• (a) to execute, make, accept, endorse or destroy the whole or any part of a valuable security, or
• (b) to write, impress or affix a name or seal on any paper or parchment in order that it may afterwards be made or converted into or used or dealt with as a valuable security, … liable to imprisonment for a term not exceeding five years.

Forgery and Offences Resembling Forgery

366. (1) Every one commits forgery who makes a false document, knowing it to be false, with intent

• (a) that it should in any way be used or acted on as genuine, to the prejudice of any one whether within Canada or not; or
• (b) that a person should be induced, by the belief that it is genuine, to do or to refrain from doing anything, whether within Canada or not.

Making false document

(2) Making a false document includes

• (a) altering a genuine document in any material part;
• (b) making a material addition to a genuine document or adding to it a false date, attestation, seal or other thing that is material; or
• (c) making a material alteration in a genuine document by erasure, obliteration, removal or in any other way.

(3) Forgery is complete as soon as a document is made…

(4) Forgery is complete notwithstanding that the false document is incomplete …

Uttering forged document

368. (1) Every one who, knowing that a document is forged,

• (a) uses, deals with or acts on it, or
• (b) causes or attempts to cause any person to use, deal with or act on it, as if the document were genuine,
• (c) … liable to imprisonment for a term not exceeding ten years; or
• (d) is guilty of an offence punishable on summary conviction.

(2) For the purposes of proceedings under this section, the place where a document was forged is not material.

Exchequer bill paper, public seals, etc.

369. Every one who, without lawful authority …

• (a) makes, uses or knowingly has in his possession (i) any … paper that is used to make bank-notes, or
• (b) … has in his possession any plate, die, machinery, instrument or other writing or material … intended to be used to commit forgery … is liable to imprisonment for a term not exceeding fourteen years.

Drawing document without authority, etc.

374. Every one who

• (a) with intent to defraud … makes, executes, draws, signs, accepts or endorses a document in the name or on the account of another person … or
• (b) makes use of or utters a document … made, executed, signed, accepted or endorsed with intent to defraud … liable to imprisonment for a term not exceeding fourteen years.

Obtaining, etc., by instrument based on forged document

375. Every one who demands, receives or obtains anything, or causes or procures anything to be delivered or paid to any person under, on or by virtue of any instrument issued under the authority of law, knowing that it is based on a forged document, …liable to imprisonment for a term not exceeding fourteen years.

PART X

FRAUDULENT TRANSACTIONS RELATING TO CONTRACTS AND TRADE

Fraud

380. (1) Every one who, by deceit, falsehood or other fraudulent means … defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,

• (a) … liable to a term of imprisonment not exceeding ten years, where ( a will is involved ) or the value …exceeds five thousand dollars; or
• (b) is …liable to imprisonment for a term not exceeding two years, or
• (ii) of an offence punishable on summary conviction, where the value …does not exceed five thousand dollars.

Affecting public market

380 (2) Every one who, by deceit, falsehood or other fraudulent means … with intent to defraud, affects the public market price of stocks, shares, merchandise or anything that is offered for sale … liable to imprisonment for a term not exceeding ten years.

Using mails to defraud

381. Every one who makes use of the mails for the purpose of transmitting or delivering letters or circulars concerning schemes devised or intended to deceive or defraud the public, or for the purpose of obtaining money under false pretences, is … liable to imprisonment for a term not exceeding two years.

Fraudulent manipulation of stock exchange transactions

382. Every one who, through the facility of a stock exchange … with intent to create a false or misleading appearance of active public trading …with respect to the market price of a security,

• (a) effects a transaction in the security that involves no change in the beneficial ownership thereof, (
• b) enters ( matching buy and sell orders ) is … liable to imprisonment for a term not exceeding five years.

Gaming in stocks or merchandise

383. (1) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years who, with intent to make gain or profit by the rise or fall in price of the stock of an incorporated or unincorporated company or undertaking, whether in or outside Canada, or of any goods, wares or merchandise,

• (a) makes or signs … any contract or agreement, oral or written, purporting to be for the purchase or sale of shares or stock or goods, wares or merchandise, without the bona fide intention of acquiring or
• (b) delivering the shares, goods, wares or merchandise or of selling them, as the case may be, but this section does not apply where a broker, on behalf of a purchaser, receives delivery…

Fraudulent receipts under Bank Act

390. …liable to imprisonment for a term not exceeding two years who

• (a) willfully makes a false statement in any receipt, certificate or acknowledgment for anything that may be used for a purpose mentioned in the Bank Act; or
• (b) willfully,
• (i) after giving to another person,
• (ii) after a person employed by him has, to his knowledge, given to another person, or
• (iii) after obtaining and endorsing or assigning to another person, any receipt, certificate or acknowledgment for anything that may be used for a purpose mentioned in the Bank Act, without the consent in writing of the holder or endorsee or the production and delivery of the receipt, certificate or acknowledgment, alienates or parts with, or does not deliver to the holder or owner the property mentioned in the receipt, certificate or acknowledgment.

Disposal of property to defraud creditors

392. Every one who,

• (a) with intent to defraud his creditors,
• (i) makes or causes to be made any gift, conveyance, assignment, sale, transfer or delivery of his property, or
• (ii) removes, conceals or disposes of any of his property, or
• (b) with intent that any one should defraud his creditors, receives any ( such ) property … imprisonment for a term not exceeding two years.

Falsification of Books and Documents

397. (1) Every one who, with intent to defraud,

• (a) destroys, mutilates, alters, falsifies or makes a false entry in, or
• (b) omits a material particular from, or alters a material particular in, a book, paper, writing, valuable security or document … liable to imprisonment for a term not exceeding five years.

(2) Every one who, with intent to defraud his creditors, is privy to the commission of an offence under subsection

(1) is … liable to imprisonment for a term not exceeding five years.

False prospectus, etc.

400. (1) Every one who makes, circulates or publishes a prospectus, a statement or an account, whether written or oral, that he knows is false in a material particular, with intent

• (a) to induce persons, whether ascertained or not, to become shareholders or partners in a company,
• (b) to deceive or defraud the members, shareholders or creditors, whether ascertained or not, of a company, or
• (c) to induce any person to
• (i) entrust or advance anything to a company, or
• (ii) enter into any security for the benefit of a company, is … liable to imprisonment for a term not exceeding ten years.

(2) In this section, “company” means a syndicate, body corporate or company, whether existing or proposed to be created.

Personation with intent

403. Every one who fraudulently personates any person, living or dead,

• (a) with intent to gain advantage for himself or another person,
• (b) with intent to obtain any property or an interest in any property, or
• (c) with intent to cause disadvantage to the person whom he personates or another person, is … liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction.

Possession, etc., of counterfeit money

450. Every one who …

• (a) buys, receives or offers to buy or receive,
• (b) has in his custody or possession, or
• (c) introduces into Canada, counterfeit money is … liable to imprisonment for a term not exceeding fourteen years.

Uttering, etc., counterfeit money

452. Every one who, without lawful justification or excuse, the proof of which lies on him,

• (a) utters … or uses counterfeit money … or
• (b) exports, sends or takes counterfeit money out of Canada, is … liable to imprisonment for a term not exceeding fourteen years.

Contact the Ottawa Criminal Defence Lawyers

If you have been charged with fraud in Ontario or if you have been charged with a white collar crime in Ontario, you need expert advice from an experienced criminal defence lawyer. Contact a fraud lawyer at Auger Hollingsworth to have your case reviewed by an experienced defence lawyer. Contact Richard Auger at [email protected] or by telephone at (613) 699-8192.