The Charge Determines the Defence
Stellar Law represents clients facing allegations involving forged cheques, cheque fraud and counterfeit money in Toronto and the GTA. These cases may involve several charges arising from the same transaction. Fraud, forgery, using a forged document and counterfeit-money offences have different legal requirements.
Rana and her team begin with the charge documents and the evidence connecting the client to the alleged conduct. Who created or altered a cheque, who deposited it, who controlled the account and who received the funds may be different people. The defence requires a clear account of the client’s alleged role and the knowledge or intent the Crown Attorney must prove.
Forged Cheques and Cheque Fraud
Allegations may concern an altered cheque, an unauthorised signature or a cheque presented as genuine. Making a false document with the required knowledge and intent is different from knowingly using a forged document. A person accused of using a forged cheque need not be the person who made it. Any fraud charge requires its own analysis of the alleged dishonest conduct, loss or risk of loss, and state of mind.
The evidence may include cheque images, deposit records, account activity, surveillance footage, messages and the records of withdrawals or transfers. Comparing that material can clarify the sequence, test identification and reveal gaps in the account advanced by the Crown Attorney. A name on an account or an appearance in a recording must be considered in the context of all the evidence.
Counterfeit Money Allegations
Allegations involving counterfeit money fall under separate criminal offences. The charge may concern making counterfeit money, possessing it or passing it as genuine. The defence must address the particular conduct alleged and the applicable legal requirements rather than treat every encounter with a counterfeit banknote as the same case.
Preparation includes examining the basis for identifying the money as counterfeit, how it came into the client’s possession and the evidence about what the client knew. Store recordings, witness descriptions, communications and records of seizure may each matter. Rana and her team assess identification, the handling of the evidence and the conclusions the Crown Attorney seeks to draw from it.
During the Investigation and Court Proceedings
Obtain legal advice before deciding whether to give a statement to police. Preserve existing records and communications. Do not alter documents, delete messages or coordinate accounts with others involved. Keep charge and release documents, and check the conditions and dates they contain.
Once disclosure is available, the defence involves identifying missing material, testing the alleged connection to each transaction and preparing any evidentiary challenges. Advice about resolution or trial must account for the evidence, the available defences and the consequences for the client. Stellar Law explains those options and prepares the questioning and documentary analysis needed where the allegations are contested.
Discuss Representation
Call Us or Book a Telephone Consultation about the allegation, any contact from police and the next court date. Have charge documents and relevant dates available. The firm will explain how records should be provided and discuss the scope of representation, fees and retainer arrangements before you commit.
Questions About Representation
Can I be charged with using a forged cheque if I did not make it?
Yes. Using a forged document is a separate offence from making it. The allegation must address whether the person knew or believed the document was forged and used, dealt with or acted on it as genuine. The particular charge and the evidence require careful review.
Is counterfeit money dealt with only as fraud?
No. The Criminal Code contains separate offences concerning making, possessing and passing counterfeit money. Other charges may also arise from the circumstances. The defence must address each charge on its own legal requirements.
What if I did not know the cheque or money was false?
Tell your lawyer how you received it, what you were told and what records are available. What the client knew, believed or intended may be central to the charge. The surrounding evidence and the precise offence must be assessed before advice can be given.
Official Sources
- Criminal Code, section 380: fraud
- Criminal Code, section 366: forgery
- Criminal Code, section 368: use, trafficking or possession of a forged document
- Criminal Code, section 449: making counterfeit money
- Criminal Code, section 450: possession and related counterfeit-money offences
- Criminal Code, section 452: passing and related counterfeit-money offences
- R. v. Riesberry, 2015 SCC 65: fraud and risk of deprivation
