Theft, Fraud & Possession of Property

Property and financial offences involving theft, fraud, and possession of stolen property are among the most commonly prosecuted charges in Ontario. If you're facing these allegations in Kingston, Napanee, Brockville, or Belleville, understanding what these charges involve and their potential impact on your employment and future opportunities is essential.

Understanding Theft Charges

Theft involves taking someone else's property without permission with the intent to deprive them of it permanently. The Criminal Code distinguishes between:

Theft Under $5,000: Taking property valued at less than $5,000. This includes shoplifting, employee theft, taking personal items, or any unauthorized taking of lower-value property. Crown prosecutors can proceed either summarily or by indictment.

Theft Over $5,000: Taking property valued at more than $5,000. This is treated more seriously, always proceeds as an indictable offence, and carries higher maximum penalties up to 10 years imprisonment.

Common theft scenarios include:

• Retail shoplifting from stores in Kingston or Belleville
• Employee theft from workplaces (cash, inventory, merchandise)
• Taking items from vehicles, garages, or storage areas
• Theft during break-ins or home entries
• Taking bicycles, tools, or equipment

What Is Fraud?

Fraud involves using deceit, falsehood, or other fraudulent means to deprive someone of property, money, or valuable services. Like theft, fraud is divided into under and over $5,000, affecting how charges are prosecuted.

Common Fraud Scenarios:

Credit Card Fraud: Using stolen or unauthorized credit cards, or fraudulent credit card information obtained online.

Identity Theft: Using someone else's personal information to obtain goods, services, credit, or financial benefits.

Benefit Fraud: Providing false information to obtain employment insurance, welfare, disability benefits, or other government assistance.

Insurance Fraud: Making false insurance claims for injuries, damage, or losses that didn't occur or were exaggerated.

Romance or Online Scams: Defrauding vulnerable persons through online relationships or investment schemes.

Business Fraud: Fraudulent invoicing, false expense claims, or misrepresenting business transactions.

Possession of Property Obtained by Crime

Possessing property you know was obtained by crime is itself a criminal offence, even if you didn't personally steal it. This charge frequently arises when police find stolen property during searches or when people are caught with recently stolen items.

What the Crown Must Prove:

• You possessed the property
• The property was obtained by crime (stolen)
• You knew it was stolen, or you were willfully blind to that fact

Common scenarios include:

• Purchasing items at suspiciously low prices from sellers you should have known were illegitimate
• Being found with property traced to recent thefts
• Having stolen property in your vehicle or residence
• Receiving stolen property from friends or associates

Moving Forward

Theft, fraud, and possession of stolen property charges may seem less serious than violent offences, but their impact on future employment and opportunities can be profound. The dishonesty element affects how employers, professional bodies, and institutions view these convictions, often creating barriers that last long after any criminal penalties are completed.

If you're facing property or financial crime charges in Eastern Ontario, taking steps to understand your situation and options is an important first step in protecting your future opportunities.