What to Do if You Committed Time Theft?

Fraud offences have become more and more common across Ontario due to the increased ease at which many fraud offences can now be committed. Those charged with fraud will face serious penalties including custody in some cases. When determining the appropriate sentence in any case, the Court will consider a number of factors, known as aggravating and mitigating factors. These factors will include, among other things, the criminal background of the accused, nature and circumstances of the alleged fraud, the value of the fraud, and the nature and circumstances of the victim in the case.

What to do if you have been Falsely Accused of Time Theft or Fraud

Being wrongfully accused of a crime, especially by your employer, can be a scary and stressful experience. Typically, when an employer suspects that one of their employees has committed some sort of workplace misconduct, they will launch an investigation into the matter. The nature of the investigation will depend on the specific issue being looked into. Where there are concerns about time fraud or time theft, the employer is likely to look into the hours worked by the employee and how much they were paid for their time.

Time theft or fraud occurs when an employee collects payment for hours or work they did not complete. For example, an employee who clocks into work before actually starting their shift, or who fails to clock out at the end of their shift, has committed time theft. Where there is an added layer of depiction involved, the employee may be accused of time fraud. For example, an employee who steals their managers log in credentials and then logs into the company system and add hours they did not work into the system.

If you have been falsely accused of time theft or time fraud at your job, it is important to contact legal counsel as soon as possible. Legal counsel can help you understand your rights and obligations under the law. Experienced counsel can also help you prepare for any litigation that may arise as a result. It is important to keep any and all evidence that shows that you did in fact work the hours in question. Evidence may be lost or deleted with the more time that passes. Since investigations of this nature can take a while to carry out, it is important to preserve evidence and make notes of everything to ensure any helpful evidence is persevered.

The Firm has over ten years of experience defending individuals charged with a wide array of fraud offences in jurisdictions across Ontario. We utilize risk management techniques as well as litigation to achieve results for our clients. Fraud offences can be both difficult to prosecute and to defend. In many cases, this is due to the complex criminal organizations that perpetrate such offences. The Firm has represented individuals who are first time offenders who simply made a poor decision as well as individuals who have developed sophisticated plans to commit fraud offences.

Can the Police Get Access to a Person’s Bank Records if They are Charged with Fraud?

The police can gain access to a person’s banking records in two ways if they are suspected or accused of committing fraud. In cases where the bank is not the victim of the offence, the police may issue the bank a production order that requires the bank to hand over the records of the accused customer. Where the bank is a victim of the fraud, that process is not necessary. In those instances, a bank may voluntarily provide the police with the records in their role as the complainant to establish evidence that the offence has occurred.

This means that if the impugned employee works at the bank, it may be easier for the bank to access their records. Once the bank has accessed their records, they may pass this information along to law enforcement to prosecute the individual. If the employee works for a company other than a bank, they police may require a production order to get access to the employee’s bank accounts.

Can a Bank Deny Service to a Person Charged with Fraud?

A bank is a service run by a corporation for the benefit of their customers and those services are not a right enjoyed by those customers. Any financial institution reserves the right to close the account of a customer who is accused of any crime. This outcome is even more likely if the financial institution is the victim of a fraud committed by its customer. The exact scenarios and procedure by which a financial institution will terminate a customer’s account would be contained within the contract for service signed by the two parties.

Where an employee of the bank is accused of stealing from or defrauding the bank, it is within the banks discretion to terminate their business relationship with the accused individual. Typically, the bank will launch an investigation of its own prior to terminating a relationship with a client. Where the individual has been wrongfully accused, they may need to present some evidence showing this to the bank if they wish to have their relationship with the bank restored.

What are the Sentencing Principles That Apply to Cases of Fraud?

Section 718 of the Criminal Code contains the general sentencing principles that are balanced for every different offence under Canadian law. Sentencing acts as a method to protect society with the following purposes: acting as a method to take a stand against and denounce criminal conduct; to deter others from committing offences, to separate offenders from society where necessary, to assist in rehabilitating offenders, to provide a sense of justice to the victims and the community, and to promote a sense of responsibility in offenders. Furthermore, each sentence must be proportional to the harm caused and impose punishment based on the aggravating and mitigating factors specific to each case that suggest stricter or more lenient punishments are necessary respectively.

Specific to the offence of fraud contained within s. 380(1) of the Code, two of the purposes of sentencing are deemed most important. Those are denunciation and deterrence. Various cases have described why this prioritization exists, including the Alberta Court of Queen’s Bench case of R. v. Macleod, 2017 ABQB 722 (CanLII). Fraud is a criminal offence that requires intentional wrongdoing and the victimization of innocent people, which in turn typically warrants stronger punishments. “In cases of fraud, deterrence is particularly important given fraud is typically not a crime of impulse or passing opportunity, rather it is planned and deliberate.” [at para 43]

It is important to note that stealing from or defrauding one’s employer is seen as an aggravating factor by the courts. Sentencing for individuals who have committed theft or fraud against their employer will be more strict than sentencing for other offences not involving one’s employer. This is due to the position of trust and authority companies place their employees in. If you have been wrongfully accused, it is important to collect all relevant evidence to exonerate oneself and avoid sentencing altogether. Experienced legal counsel can assist you in proving that you have been wrongfully accused.