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What Fraud Victims Should Know About Civil Contempt Proceedings

At Investigation Counsel PC, we receive inquiries about the procedure involved and the standard of proof required for a Court declare a fraudster in contempt. The issue of contempt has received judicial attention in some recent notable decisions, which has prompted this post.   In March and April of this year, the Ontario Superior Court of Justice released a series of judgments in Greenberg v. Nowack, (2015) ONSC 2256 dealing …Read More

Fraud Victims, Whistleblowers, and Breach of the Confidential Informant Undertaking

At Investigation Counsel, in addition to assisting fraud victims in their recovery efforts and in preparing criminal complaints, we often represent those who wish to be whistleblowers for civil actions or confidential informants for criminal complaints. We have previously blogged on this subject   In this blog we discuss the legal issues for confidential informants for criminal complaints and why confidential informants should use counsel to negotiate an agreement with …Read More

Why Defining Fraud is Important to Fraud Victims

Our firm receives frequent requests from fraud victims for general information about the fraud recovery litigation process. One of the questions often posed is whether what occurred was legally a fraud or something that may be better characterized as negligence, a breach of contract or sharp business practices. If the victim is satisfied they have a bona fide claim of fraud, another question that is often raised is whether they …Read More

Information for Fraud Victims About the Fraud Recovery Litigation Process

Our firm receives frequent requests from fraud victims for general information about the fraud recovery litigation process. Our firm also receives requests from fraud victims who already have lawyers for our opinion on the strategy their counsel have taken. This blog is an overview of the conversation we typically have with fraud victims on our views of how a typical fraud recovery action should be handled.   Recommended Response to …Read More

What Fraud Victims Should Know About Defamation and Filing Criminal Complaints

Part of Investigation Counsel’s fraud practice includes the drafting and preparation of a formal police complaints on behalf of its clients. A question that occurs at the initial stage of our intake process is whether the person making the complaint to the police is exposed to liability for making a defamatory statement.   You might ask, what constitutes a defamatory statement? A defamatory statement is one that tends to injure …Read More

What Fraud Victims Should Know About a Fraudster’s Attempts to Stay Civil Recovery

We are often asked by fraud victims about whether a fraudster can ask a Court to stay their civil proceedings for recovery because the fraudster has been charged under the Criminal Code. The short answer is not in most cases. The issue of staying civil proceedings for fraud because of outstanding criminal charges related to the same underlying facts is one of many issues that arise in civil fraud recovery …Read More

What Fraud Victims Should Know about Freezing Orders (Mareva Injunctions)

Fraud victims often ask us whether they can obtain an immediate Court order to put a freeze a fraudster’s bank account or otherwise prevent him or her from dissipating assets in their control before trial. The answer often depends on a variety of considerations, the most significant of which are (1) how much money is at stake, (2) how strong is the victim’s evidence that a fraud has taken place, …Read More

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