Episode F11
Episode F11 — Fraud Over $5,000 and Fraud Under $5,000: Why Value Matters
30 min · Oct 13, 2023
Audio coming soon
Episode F11 — Fraud Over $5,000 and Fraud Under $5,000: Why Value Matters
00:0030 min
Episode Summary
This episode explains the difference between fraud over $5,000 and fraud not exceeding $5,000. Section 380 separates fraud by value, which affects how the offence is charged and the seriousness of the case. The core elements of fraud remain the same regardless of value — the Crown still needs to prove dishonest conduct and deprivation or risk of deprivation. The value issue affects classification, seriousness, sentencing context, and investigative documentation, including factors under s. 380.1.
What You'll Learn
- • How value is assessed in fraud cases
- • How the threshold affects charge classification and sentencing
- • Aggravating sentencing factors under s. 380.1
Key Investigator Takeaways
- • Build the value case with bank and transaction records
- • Elements of fraud do not change with value
- • Document value at risk, not only realized loss
Cases Discussed
Visual Mind Map
Fraud Value Threshold
s. 380(1)(a) vs (b)
Fraud over $5,000
s. 380(1)(a)
Fraud under $5,000
s. 380(1)(b)
Value of loss
Realized harm
Value at risk
Exposure to loss
Multiple victims
Aggregated harm
Aggregated transactions
Series of acts
Bank records
Account flows
Victim statements
Quantifying loss
Charge assessment
Election and seriousness
Sentencing factors
s. 380.1
Complexity
Aggravating factor
Duration
Aggravating factor
Planning
Aggravating factor
Transcript
Show transcript
Episode F11 walks through the $5,000 value threshold and why value matters…