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Blog Archives

Fairness When Distributing Partial Recovery Amongst Fraud Victims

Often fraud victims in schemes where there are multiple victims ask us how recovered funds would be distributed in the event of a partial recovery. The question is often asked in the context of whether they should cooperate and join their recovery efforts with other victims, or whether they should try to prioritize their recovery ahead of others. There is an answer, but it is often not a simple one. …Read More

What Fraud Victims Should Know About Limitation Periods

At Investigation Counsel PC, we often prepare criminal complaints for our clients that we are assisting with civil recovery actions. Often our clients suggest they would prefer to simply make a criminal complaint instead of paying for civil litigation. This is, in large part, due to the perception that the police will conduct a “free” investigation the Crown prosecution will lead to a recovery of the loss suffered. In prior …Read More

Pro Rata Restitution Orders for Fraud Victims

At Investigation Counsel PC, we often coordinate civil recovery actions with preparing criminal complaints for our clients. Our clients often seek information on how the criminal restitution process operates, and whether it is a reasonable and cost effective mechanism to obtain a recovery. In most cases, there is no clear answer at the time the question is posed, and only becomes more apparent as the civil and criminal cases unfold. …Read More

Recovery against Banks for Fraud Victims

It is often not possible to immediately recover from fraudsters themselves, as they have spent their ill-gotten gains on lifestyle or other debts, or transferred the money into the control of unknown third parities. Recoveries against fraudsters themselves in some cases are long term projects. In such cases, fraud victims may seek recovery from those who intentionally or unwittingly assisted the fraudsters orchestrate their schemes. We have blogged in the …Read More

Investigation Counsel PC – Lawyers for Fraud Victims

We publish blogs in response to inquiries we receive from the public and our networks or when we come across novel issues in cases we are working on. This blog is to provide an explanation for why we use the use the concept name of “Investigation Counsel” for our law firm, and how and why we act as advocates for victims of fraud. Investigation Counsel PC Investigation Counsel PC is …Read More

Fraud Recovery and the Deemed Undertakings Rule

 We have blogged in the past on issues to consider in coordinating civil and criminal investigations and prosecutions – see: https://investigationcounsel.com/coordinating-criminal-and-civil-justice-as-a-means-of-recovery-for-fraud-victims/ . The issues to consider are in large part driven by the fraud victim’s objectives; that is, after determining whether the primary objective is recovery or retribution – see: https://investigationcounsel.com/what-you-should-consider-if-you-discover-you-are-a-victim-of-fraud-our-views-on-triaging-your-fraud-case/. This blog provides further information for fraud victims to consider when coordinating their civil recovery investigation and prosecution with …Read More

Enforcing Judgments

We have blogged extensively on fraud recovery strategies and related topics in the past. This blog provides basic legal information on enforcing judgments and debt collection. Unless money is frozen at the commencement of a proceeding, judgement enforcement is required to recover monies after obtaining a civil judgment for damages.  Unfortunately, the enforcement of judgments can be a time consuming and frustrating experience, especially if the judgment debtor has no …Read More

Broken Trust – Assessments to Uncover Frauds by Lawyers

On May 5, 2014, the Toronto Star reporters Kenyon Wallace, Rachel Mendleson and Dale Brazao published an article entitled “Broken Trust” – see http://projects.thestar.com/broken-trust/case-files.html. They state that their Toronto Star investigation found the Law Society of Upper Canada often fails to report the crimes of its members to police. How The Star Did It The Star article states that they analyzed every discipline case of lawyers sanctioned by the Law …Read More

Enforcing Criminal Restitution Orders and the Canadian Victims Bill of Rights

We have blogged in the past on recovery for fraud victims on criminal restitution orders – see our blog Coordinating Criminal and Civil Justice for Fraud Victims. Many fraud victims we deal with are of the belief that they are owed a free investigation by the police, and a free prosecution by the Crown, and through these means they have their best chance at a recovery. We advocate that where …Read More

Enforcing Foreign Judgments in Canada for Fraud Victims

It is well known internationally that the Canadian Criminal Courts are soft on fraud and financial crimes and accordingly fraudsters seek haven in Canada to perpetrate their frauds. Only frauds over $1M in value have mandatory minimum prison sentences. Part of the reason for Canada’s lax sentencing of financial crimes is because it costs Canadian taxpayers over $100,000 a year to house inmates in Canadian prisons. Other reasons why frauds …Read More