Penalty For Counterfeiting / Forgery In Canada
Counterfeiting involves the fraudulent creation of products, or money with the intent of using it as a valid trademarked item. Forgery (known in the legal system as Uttering A Forged Document) is the altering or creation of a document in order to commit fraud, without the knowledge of the proper authorizing party. It may include the creation or altering of a document, or the mere signing of someone else’s name.
These counterfeit products may include: merchandise such as: clothes, piracy of CDs & DVDs, electronics, and pharmaceuticals, or documents such as: government licences & certificates, property deeds, stocks, bonds & legal tender. These instances of fraud are considered white collar crimes, and are often accompanied with the criminal act of identity theft.
In order to legally defend these types of cases, an extensive amount of evidence gathering and research is required in order to properly prepare for your defence. When an individual is charged with forgery or counterfeiting, an extensive investigation is usually performed, often by federal agents. If you have been charged for fraud, or suspect that you are being investigated, it is critical that you turn to a Toronto criminal defence lawyer to begin preparing for what could be a complex case.
Have you been charged with Counterfeiting and / or Forgery?
Penalty for Counterfeiting and Forgery in Canada
Each and every case of fraud is different and may result in varied consequences, however an individual can expect extensive prison time, as well as fines and community service work, or restitution. Other social consequences follow such as a criminal record limiting the ability to travel, and the difficulty in finding employment.
The Criminal Code of Canada states:
368(1) Uttering forged document
368(1) Every one who, knowing that a document is forged,
(a) uses, deals with or acts on it, or
(b) causes or attempts to cause any person to use, deal with or act on it, as if the document were genuine, is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
368(2) Wherever forged
368(2) For the purposes of proceedings under this section, the place where a document was forged is not material.
R.S., 1985, c. C-46, s. 368; 1992, c. 1, s. 60(F).
369 Exchequer bill paper, public seals, etc.
369 Every one who, without lawful authority or excuse, the proof of which lies on him,
(a) makes, uses or knowingly has in his possession
(i) any exchequer bill paper, revenue paper or paper that is used to make bank-notes, or
(ii) any paper that is intended to resemble paper mentioned in subparagraph (i),
(b) makes, offers or disposes of or knowingly has in his possession any plate, die, machinery, instrument or other writing or material that is adapted and intended to be used to commit forgery, or
(c) makes, reproduces or uses a public seal of Canada or of a province, or the seal of a public body or authority in Canada, or of a court of law, is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years. R.S., c. C-34, s. 327.
370 Counterfeit proclamation, etc.
370 Every one who knowingly
(a) prints any proclamation, order, regulation or appointment, or notice thereof, and causes it falsely to purport to have been printed by the Queen’s Printer for Canada or the Queen’s Printer for a province, or
(b) tenders in evidence a copy of any proclamation, order, regulation or appointment that falsely purports to have been printed by the Queen’s Printer for Canada or the Queen’s Printer for a province, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years. R.S., c. C-34, s. 328.
Your Best Defence
We realize that your future is at stake with the outcome of your trial. It is crucial that you retain a lawyer that is capable and experienced with having charges reduced or dropped. Your best defence will begin with a discussion with us of the events leading up to your arrest. We will investigate and build your case to project a lack of intent to commit fraud, and employ other strategies to help you attain the best possible outcome in your situation.
Our legal team of Bruce Karten & Stephen Hebscher have over 60+ years of experience in dealing with complex fraud, forgery & counterfeiting cases in Toronto, and are well established to attain a successful outcome through an aggressive defence – call now to set up a free confidential consultation to discuss your case. See what our other clients are saying about us. We can help you too!
I came to Stephen Hebscher with a somewhat irregular case. Both my spouse and I had been mutually charged with domestic assault, a legal situation that neither of us had wished upon each other. While my spouse's lawyer had been content to seek mutually binding peace bonds, Stephen was able to get in front of the case and negotiate a withdrawal of both of our charges- the best possible outcome on BOTH sides of the table – once we successfully completing the PARs program. I remain entirely pleased with Stephen's competency, professionalism and accessibility, and would not hesitate to recommend him as a criminal defence lawyer. L.A.
Mr. Hebscher: I would like to thank you for your excellent representation of me in relation to the domestic assault charges that you worked so hard to have withdrawn. You have made a critical difference in my future and I am very happy with the outcome. I also appreciate your hard work, and the extra time and effort you have put in to deal with all the other issues that came along. I thank you for being a phone call away (or email) even when you did not have to be. I will gladly recommend your services to any of my friends or family should they ever need it. I am very grateful for what you have done.
I am impressed especially after our meeting on Monday – I was resigned that something bad would befall me, so I am very blessed to have this outcome. I thank you for the hard work that you have put into this case, and the dedication on getting me this fantastic outcome! I am so glad that we retained you as my lawyer! You have done an outstanding job and allowed me to now rebuild my life. Thank you, Bruce Karten.
Dave B. (Ajax, Ontario)
We were referred to Stephen Hebscher when our child was in need of legal representation. He was charged with sexual assault. As parents, we were quite frightened for our child but Mr. Hebscher was the calm voice of reason. We are very grateful to Mr. Hebscher for the excellent results he got for our child, as the charges were dropped.
J.N. (Toronto, Ontario)
Mr. Hebscher is a very professional lawyer who takes pride in his work and because of this the end result was the judge ruling me not guilty and I got my innocence and life back. My family and I would like to thank you again Stephen Hebscher for doing a wonderful job and also being a very supportive man.
Chris T. (Scarborough, Ontario)
I am happy to report that Bruce’s superior negotiation strategy and ability to present facts effectively helped convince the Crown to reduce his position. I would like to take this opportunity to thank Bruce for getting my charge withdrawn and keep my criminal record clean.
J.S (Toronto, Ontario)
I looked and found Barrister Stephen Hebscher I introduced myself and my case and after listening to all details he was able to ensure me that my case would go well. All charges against me have be thrown out and my life is back to normal.
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Ahmed A. (Brampton, Ontario)
Mr. Bruce Karten was able to help to extricate me from a very serious criminal case containing severe charges, including weapons –threat to use weapons, death threat, harassment,etc. He succeeded in winning my case. I was discharged; was able to keep my career, and no criminal record. This was a tremendous accomplishment, and I am very appreciative of that.
Nickolai V. (Toronto, Ontario)
Again, from the depth of our hearts we sincerely thank you very much for being my Counsel on this case. We now can say you are the BEST and we will surely recommend you to our friends and anybody here we know who needs the best Lawyer in Ontario. You have done an extremely good job and we are very happy with the outcome this morning.
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Mr. Hebscher was the only lawyer who gave me hope and made me feel like I had a real fighting chance. I am extremely satisfied with the quick results that he delivered, and I am happy to say that he was able to convince the court to drop the charges against me and clear my name.
Tina M. (Toronto, Ontario)