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Case studyDiversion focus

Fraud / white-collar

A fraud file for a first-time accused resolved through the direct-accountability / diversion process where the Crown position permitted.

Ontario Court of JusticeOngoingPractice area: White Collar Crime
Background

The situation

The client — no prior record, employed, community-connected — was charged with fraud following a workplace investigation. Full restitution was available at the time of the police contact.

Fraud files carry sharp sentencing exposure and career-ending immigration and licensing consequences on conviction. For first-time accused with the right file characteristics, the direct-accountability programme can be a proportionate resolution.

Legal question

What the case turned on

Whether the Crown would accept a direct-accountability referral for the file — the answer depends on the loss amount, the accused's background, and the availability of restitution.

How to position the pre-trial discussion so the file's diversion candidacy was clear on paper before any Crown position hardened.

Approach

How the file was worked

Full disclosure review, including any workplace-investigation report and any statement the client had given internally.

Client-facing plan for restitution funded and available at the pre-trial stage.

Written pre-trial position articulating the file's fit with the direct-accountability criteria and the collateral consequences a conviction would trigger.

Key considerations

Legal issues in play

  • Loss threshold and the s. 380 hybrid / indictable split.
  • Restitution as a factor at both the resolution and sentencing stages.
  • Immigration and licensing collateral — many fraud accused hold status or credentials a conviction would end.
  • Direct-accountability programme criteria and the Crown's screening process.
What it means

For similar matters

White-collar files often have resolution paths that are invisible to someone who is not looking for them. The path is usually paved with paper — disclosure, restitution, background documentation — filed at the right moment.

Saggi Law Firm handles fraud matters with the collateral consequences in view alongside the criminal case.

A note on this studyThis piece describes the defence approach in a representative file of this kind. Nothing in it guarantees a particular result. Outcomes depend on the specific facts, the disclosure, and the applicable law in each individual case.
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