White Collar Crime
What you need to know
Investigations into white collar crime in Canada are becoming increasingly more prominent. Corporate entities and their actors are subject to serious criminal and regulatory prosecutions. These types of prosecutions are often complex and time-consuming.
A successful defence to ‘white collar’ crimes, whether criminal or regulatory in nature, requires experienced and organized counsel. The lawyers at Dunn & Associates are adept at dealing with these matters.
Relatively recent amendments to the Criminal Code Canada have removed the possibility of obtaining a conditional sentence order (house arrest) for any fraud over $5000. These recent amendments also include a minimum sentence of two-years in jail when someone is found guilty of a fraud in excess of one million dollars.
Additionally, factors such as the complexity, magnitude, and degree of planning involved in a fraud, the number of victims, and the personal circumstances of victims are to be considered factors on sentencing, if convicted.
How we can help
Our firm can help by managing the complexity of the prosecution and by preparing a litigation strategy that will ensure the best possible outcome.
First, we perform an extensive review and organization of the evidence gathered during the investigation stage (disclosure). Once this review is complete, a strategy will be implemented that may include negotiations with the Crown and/or preparation for trial.
- Negotiated Resolution: Generally, large and complex frauds result in several, if not dozens, of charges. Often these charges are laid against multiple individuals or corporate entities. In some circumstances, a negotiated resolution (plea deal) may be the best outcome. A negotiated resolution may include agreeing to plead guilty to certain charges in exchange for other charges being dropped and would seek to avoid or reduce jail time and restitution depending on the seriousness of the charges.
- Trial: Taking your matter to trial means having the Crown Prosecutor prove your guilt. White collar crime cases are complex and almost never black and white. More often than not, there will be evidentiary and legal issues at trial that will give rise to potential defences. Our lawyers will counter the charges against you in a number of ways, including:
If your case goes to trial, the charges against you can be defended in a number of ways:
- Challenging the facts and circumstances of your arrest.
- Interpreting criminal and regulatory laws in your favour. We argue the law and a precedent in a way that is most favourable to your specific case and fact scenario. This is achieved through careful and diligent legal research and application.
- Applying Violations of the Charter of Rights and Freedoms. Every Canadian Citizen and every person within the borders of Canada is entitled to the protection of our Constitution, and more specifically to the rights guaranteed by the Charter of Rights and Freedoms. A violation of your constitutionally protected rights and freedoms that results in evidence (documents, bank account information, employment information, etc.) being seized, by way of production orders or search warrants, could be excluded from evidence at your trial and may render it impossible for the Crown to prove the case against you.
Call us. We can help.
If you have been charged with a white collar crime, give our Calgary lawyers a call. Your freedom is our focus.