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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

Lessons for Fraud Victims from the Madoff Employee Trial

We have blogged in the past on recovery for fraud victims from the professionals that a fraudster uses to perpetrate his fraud: see our blog: Fraud Victims Often Need to Look to the Fraudster’s Professionals for Recovery. The Madoff case has provided many lessons for fraud recovery and prosecution lawyers, including but not limited to recovery from those who benefited from the scheme, such as the early investors in the …Read More

Coordinating Criminal and Civil Justice as a Means of Recovery for Fraud Victims

Is it reasonable for fraud victims to rely on police prosecutions and criminal restitution orders as a means to recovering their lost money? The short answer is no, although periodically partially recoveries do occur. This blog explains what fraud victims should consider when coordinating civil recoveries with criminal complaints to police.   Perceptions of the Criminal Justice System In our social welfare state, the public who receive socially funded health …Read More

Why Fraud Victims Should Make an Election Before Pleading Negligence

Fraud, in its most basic form, is theft by lies and omissions. The losses suffered by fraud victims occur because fraudsters misrepresent facts to their victims, or they fail to advise their victims of material facts that would have affected their decision as to whether to part with their money. We have previously blogged on Fraud Victim or Reckless Investor? – Our Response to Blaming the Victim(120031) wherein we discussed …Read More

Supreme Court of Canada Urges Access to Justice For Fraud Victims

In the past we have written on the Toronto Commercial Court’s promotion of ‘Hybrid Trials” as a legal mechanism which victims of fraud can access to seek a just, efficient and expeditious resolution to their claim – see “An Argument for Hybrid Trials for Victims of Fraud – September 11, 2013.” (117349). We can now report that our concern about access to justice for fraud victims has recently been addressed …Read More

When Investing, Exercise Due Diligence To Avoid Ponzi Schemes

The Ponzi scheme was named after Charles Ponzi (1889-1949), a small time swindler who hit the big time when he invented a lucrative con in the 1920s that netted him more than $15M. Ponzi’s con (confidence scheme) was simple. He operated an extremely attractive investment scheme in which he guaranteed investors a 50 per cent return on their investment in postal coupons. Although he was able to pay his initial …Read More