FINANCIAL CRIMES AND OFFENCES
Charges relating to financial offences present unique challenges.
Often known as white collar crime, this type of offence can involve a large volume of evidence that could be interpreted in a variety of ways by a judge.
A successful defence may depend on whether the suspect has left investigators alone to determine which portions of the evidence they believe are incriminating, as opposed to directing them to particular items, or attempting to explain suspicious conduct with or without legal advice. Anyone who believes they may be under investigation for a financial offence should call immediately. These might include:
Fraud over $5,000
Possession of Proceeds/Property Obtained by Crime
Theft over $5,000
Breach of Fiduciary Duty
Securities Act and other Financial Offences
Defence requires a particular legal skill set and sometimes, the capacity to digest thousands of pages of material including business records, expert reports, and statements from witnesses, and then determine how this evidence will be interpreted under the Criminal Code, Securities Act, Provincial Offences Act or other legislation.
Each case is driven by the particular facts gathered by investigators, sometimes with the cooperation of a business or financial institution. During the investigative process, it is important that the party suspected of the offence does not produce evidence that will later assist the prosecutor in obtaining a conviction. As such, you should not make a statement or turn over records, emails, computers, or any other potential evidence without first obtaining legal advice.
Once charges are laid, the accused is entitled to see the evidence of the alleged offence before deciding whether to respond through the trial process, or seek a plea to a lesser offence and/or a reduced penalty.