Theft, Robbery, Fraud and Financial Crimes 2017-10-30T14:35:26+00:00

Theft, Robbery, Fraud and Financial Crimes

Theft is the taking of property without the owner’s consent with the intent to deprive the owner temporarily or absolutely of their interest, and possession of that property. Theft is an act, with a combined intent. A good example of an accusation of theft would be a person that “kites” a cheque. They deposit a cheque in to a bank with no money currently available to pay for the cheque. The accusation would, however, not be successful where an accused could show that they lacked intent to deprive and intended on making the cheque “good” immediately, and had done this before without a problem. The accused would be not guilty because although they committed the act they lacked intent.

Fraud includes elements of theft, and fraud is considered a specific intent offence. Fraud is an act of deceit, falsehood, or false pretence to secure an unlawful gain, or to deprive a person, entity, or the public of a property, money, or valuable whether ascertained or not. The purpose of fraud may not be monetary gain. It could be other benefits. In Alberta cases of fraud have involved significant financial crimes. Such frauds have involved mortgages and qualifying for a mortgage by way of false statement.

Theft and fraud can be relatively minor. (Shoplifting for example, or “kiting” a cheque) These crimes can be very complex involving complex legal issues and uncertain culpability, and consequences. In Canada we have an adversarial system where an accused is prosecuted by the state. Choosing a highly skilled, and competent defence lawyer is very important.

Mr. Royer has significant success, and experience handling major cases involving high complexity fraud cases, including by government employees, and highly placed staff frauds, as well as less complicated cases involving accusations of theft.