Tag: tax evasion defence lawyer Toronto

tax fraud charges toronto

Tax Fraud Charges Toronto | Navigating Tax Fraud Allegations

February 6, 2024

Tax fraud allegations are serious accusations that can have far-reaching consequences for individuals and businesses alike. In Toronto, navigating the legal landscape surrounding such charges requires a strategic and informed approach. We will delve into the complexities of defending against tax fraud allegations in Toronto, offering valuable insights and legal defence strategies that can prove instrumental in safeguarding your interests. Erickson Law is an esteemed Toronto law firm known for providing comprehensive tax solutions to individuals facing tax fraud charges in Toronto. Our legal defence team boasts an in-depth knowledge of Canada’s tax system and can guide you effectively in protecting your freedom, family and livelihood.

Before engaging in defence strategies for tax fraud allegations in Toronto, it’s crucial to comprehend the legal process at play. When tax-related offences are suspected, the Canada Revenue Agency (CRA) serves as the main investigative and prosecution entity. They conduct audits and interviews and collect evidence in order to build their cases against suspects. As soon as you become aware of a tax fraud investigation, seeking legal advice quickly is of the utmost importance. Retaining an experienced Toronto tax lawyer will guide you through this complex process while protecting your rights from day one. Your legal team will carefully evaluate all evidence presented by the CRA against you. This includes reviewing financial records, transaction details and any other evidence brought forward against you. Identifying weaknesses or inconsistencies within this evidence is key for creating a solid defence case.

Disclosure of mistakes to the Canadian Revenue Agency prior to an investigation can be an effective strategy that may result in less severe treatment and penalties; your legal counsel can advise as to the appropriateness of such a tactic for your particular case.

Now, let’s examine some effective legal defence strategies tailored to tax fraud allegations in Toronto. One primary defence strategy involves challenging the admissibility and reliability of evidence presented against you by challenging collection methods used by CRA or inaccuracies in their findings. Your legal team will carefully scrutinize procedures followed by CRA during the investigation; any procedural errors or violations of rights that occurred can be used as leverage points in your defence; for instance, if proper search warrants weren’t obtained or rights during interviews were breached, these can all be vital points in defending against fraud accusations in defence cases like these.

Tax fraud charges often require proof of intent to defraud the government. Your legal defence may involve showing that any discrepancies or errors in your tax filings were accidental and not indicative of fraudulent activity. Negotiating a settlement agreement with CRA could also be a viable option. Your legal counsel can assess its viability based on your individual situation.

Establishing compliance with tax regulations can be an effective defence, which includes showing proof of accurate and timely tax filings that could challenge allegations of intentional fraudulent activity. Engaging financial experts or forensic accountants as expert witnesses can bolster your defence. These professionals are adept at providing testimony on intricate financial matters that might have led to tax fraud allegations against you, helping clarify any misinterpretations that led to this accusation in the first place. Presenting character references and testimonials attesting to your reputation and integrity can be extremely helpful in court proceedings. This strategy seeks to create a positive perception of you or your business that counteracts any negative associations related to tax fraud allegations.

Fighting tax fraud allegations in Toronto is no small undertaking, but individuals and businesses can successfully manage this complex terrain with appropriate legal defence strategies. Early legal representation, an objective assessment of evidence and tailored defence tactics are of utmost importance in any criminal prosecution case. Every situation differs; therefore, a tailored legal strategy will ensure the best possible result in your situation. Understanding the legal process and taking an aggressive stance towards defence are keys to facing tax fraud allegations in Toronto with resilience and confidence. Always consult experienced legal professionals to ensure that your defence strategy aligns with Canadian tax law complexities.

Erickson Law can be your trusted ally in facing allegations of tax fraud head-on. Our team, led by John Erickson, can assist in dealing with both the Crown and courts to safeguard your rights and freedoms during these trying times. Criminal defence attorneys provide invaluable representation when dealing with fraud cases requiring intricate financial documents and can also alleviate the stress associated with Canada Revenue Agency reassessments. Erickson Law can assist you in recovering savings from any tax dispute. Should an audit be triggered, our team of tax professionals will ensure compliance with the Income Tax Act by identifying any red flags or random selection issues that might exist. If you feel like the CRA has incorrectly assessed you, acting quickly is of utmost importance – contact us immediately at (416) 363-3612 so we can take immediate steps to help you fight tax fraud allegations.

Tax Fraud Defence Lawyer in Toronto

Fraud Under and Over $5,000: Penalties and the Importance of Contacting a Tax Fraud Defence Lawyer in Toronto

January 28, 2020

What is fraud in Canada? In Canada, everyone who, by deceit, falsehood or other fraudulent means, defrauds any person or the public at large of any property, money, valuable security or any service is guilty of fraud.

If you’ve been charged with fraud, the repercussions could be severe.  Indeed, there are many other serious consequences that flow from being found guilty of fraud besides just the possible jail sentence.  These other consequences include being able to find employment and being able to enter the United States. We strongly urge you to contact an experienced criminal defence lawyer immediately.

Erickson Law is a trusted criminal defence lawyer in Toronto and has been successfully defending people charged with fraud and other financial crimes for more than 20 years. With the approaching tax season, you may find yourself in need of an experienced tax evasion defence & tax fraud defence lawyer in Toronto. 

Erickson has accumulated a wealth of knowledge at all levels of court and can develop the best defence after reviewing your charges, arrest and personal circumstances. 

 

Types of Fraud Charges

Fraud Under $5,000

Fraud Under $,5000 is the charge that will be laid where the value of the subject-matter of the fraud is $5,000 or less.  The maximum penalty depends on whether the Crown proceeds by indictment or summary conviction. If the Crown proceeds by indictment, the maximum penalty is two years in a federal penitentiary followed by three years of probation.  If the Crown proceeds by summary convictions, the maximum penalty is two years less a day in a provincial jail and a $5,000 fine.

 

Fraud Over $5,000

Fraud Over is the charge that will be laid if the subject-matter of the fraud is a testamentary instrument (such as a will) or the value of the subject-matter is more than $5,000.  For these charges, the Crown will proceed by indictment and the maximum penalty is 14 years in jail.

Regardless of whether you have been charged with fraud under or fraud over, the Criminal Code stipulates certain conditions as being aggravating when it comes to sentencing.  These are:

– The scope, complexity, length and depth of planning

– The extent to which, if any, the event impacted Canadian financial markets or the economy

– The number of victims affected, taking into consideration their age, health status and finances

– Whether the accused leveraged their high reputation within the community

– Whether the accused was found to be non-compliant with professional standards and regulations

– The accused destroying vital records that indicate fraud

– If the value of the fraud exceeded one million dollars

 

 

Other Types of Frauds

 

  • Tax Evasion

The deliberate non-compliance of Canada’s tax laws by an individual or business. This may involve falsifying documents and claims, not reporting income or inflating expenses.  A conviction for tax evasion can result in jail time, court-imposed fines and a a criminal record. 

 

  • Bank Fraud

The use of illegal means to acquire assets, money or other property held by a bank or financial institution by fraudulently posing as a bank. 

 

  • Mortgage Fraud

Misstating, misrepresenting or omitting information that an underwriter may rely on to fund or insure a loan secured by real estate. 

 

  • Employment Fraud

Posing as a genuine employer and asking for money in exchange for employment opportunities or giving people false hope of higher wages, better hours, better job duties, and the likes. 

 

  • Breach of Trust

Any act that violates the duties of a trustee or the terms of a trust. This does not have to be done intentionally or with malice, and may occur as a result of negligence. 

 

  • Lottery Fraud

This is an advance-fee fraud that starts when a person gets an unexpected call, email or letter, at times including a large cheque, stating that they have won a sum of money. When the person claims their money, they may be asked to pay a processing or transfer charge for the same. 

 

  • Ponzi Schemes

A fraudulent enterprise that pays quick returns to first investors from the money invested by subsequent investors instead of the profits made through investment. 

 

  • Securities Fraud

Also referred to as stock fraud, this is an offence in the commodities or stock market that entices investors to purchase or sell based on fraudulent information, which results in losses. 

 

  • Cheque Fraud

Making out unlawful cheques in order to illegally borrow funds that aren’t actually within the account holder’s ownership. 

 

  • Mail Fraud

Mailing or electronically transferring anything that is associated with the act of fraud for the purpose of obtaining money under fraudulent pretenses.

 

 

Strengthen Your Defence With a Trusted Criminal Lawyer

This is a trying time for you and your family. Even first-time offenders could possibly face jail time if the charge is escalated. 

Erickson is an experienced criminal defence lawyer in Toronto who is fluent in all manner of defence for fraud-related charges. He is committed to client care and answers questions promptly and accurately. 

Timely legal intervention is important for your case! 

Contact Erickson now to present a winning defence in court. 

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