Criminal or Civil? What to Do If You've Been a Victim of Fraud in Ontario?
Posted on December 23, 2024
Fraud, in any form, is a devastating crime that can leave victims struggling financially and emotionally. Whether you’ve been impacted by credit card fraud, mortgage fraud, or a Ponzi scheme, you can seek justice with a civil litigation lawyer in Ontario who is experienced with complex fraud cases. Understanding your legal rights and consulting with a fraud lawyer, starting with a legal consultation, can help you take the right steps toward resolution. To explore your options when you or a loved one has fallen victim to fraud, contact the trusted lawyers at Karrass Law for legal advice, guidance, and representation.
Here’s what you can do if you’ve been affected by fraud.
What Is Fraud Under Ontario Law?
Fraud is defined under Section 380 of the Criminal Code of Canada as the intentional use of deceit, falsehood, or other dishonest means to deprive another person of money, property, or services. Fraudulent activities in Ontario include, but are not limited to:
- Credit Card Fraud: Unauthorized use of credit card information to make purchases or withdraw funds.
- Mortgage Fraud: Providing false financial information or misrepresenting assets to secure loans or real estate transactions.
- Ponzi Schemes: Investment scams where returns to earlier investors are paid using funds from newer investors, eventually collapsing.
Fraudulent behaviour may result in criminal charges, civil lawsuits, or both, depending on the circumstances. If you’ve been affected by schemes or fraudulent behaviour, it’s essential to take action with the support of a fraud lawyer to protect your financial interests.
What to Do If You’ve Been the Victim of Fraud
Upon discovering fraud, there are a few quick steps you can take immediately to protect yourself and others who may be vulnerable to the same scheme.
- Don’t pay or invest any additional money
- Find a fraud lawyer or civil litigation lawyer who is experienced with fraud in Ontario
- Collect all pertinent documentation and communication related to the fraud
- Report the fraud to the police or call the Canadian Anti-Fraud Centre at 1-888-495-8501
How to Navigate Criminal Fraud
Pursuing a criminal case against the perpetrator is often the first thought for victims. Criminal charges are designed to punish wrongdoing and deter similar crimes. Criminal fraud is up to the Crown to pursue, but you can initiate action by reporting the fraud. At this point, provide as much evidence as possible, such as receipts, emails, financial statements, or contracts, and consult your legal team at Karrass Law.
The police will investigate the case to determine if criminal charges are warranted. If the evidence is sufficient, the Crown Attorney will prosecute the case in court. If convicted, the perpetrator may face penalties such as imprisonment, fines, or restitution orders to compensate victims.
While criminal charges aim to penalize the offender, they don’t always prioritize financial recovery for those affected. So, if you’ve been targeted by fraud, it’s a good idea to consider civil action with your trusted civil litigation lawyer at Karrass Law.
The Benefit of Civil Action for Fraud Victims
Unlike criminal cases, which require proof “beyond a reasonable doubt,” civil cases are decided on a “balance of probabilities,” which is the standard proof that proves it’s probable the defendant is guilty. To ensure you have the right evidence to support your case, Robert Karrass and the Karrass Law team will guide you during legal consultations so you can provide the proper documentation, communications, and more.
With the guidance of our expert legal team, a civil suit for fraud gives you more control over the case and more opportunities for restitution.
A fraud lawyer specializes in filing civil claims for victims of fraud and can help you get started by:
- Evaluating the strength of your case during a legal consultation.
- Initiating lawsuits against individuals or entities responsible for the fraud.
- Seeking remedies such as monetary compensation or the return of property.
Take the First Step with a Legal Consultation with Karrass Law
If your primary concern is financial recovery, a fraud lawyer can assist in filing civil lawsuits and seeking damages. They’ll provide advice tailored to your specific case. However, if you’ve been accused of fraud, book a consultation with our criminal defence lawyers at Karrass Law, who will help protect your rights. If you’re seeking justice and are interested in pursuing a civil case, get started right away, as you have approximately 2 years for civil action after discovering fraud. To get the ball rolling and represent your best interests, contact the team at Karrass Law.