Fraud & Debt Recovery  Litigation

Fraud and Debt Recovery Litigation is the focus of our firm. We act as counsel to corporate, institutional and individual victims of fraud in the context of investment transactions, employer scenarios and in business or personal relationships

Fraud & Debt Recovery  Litigation

 

Corporate Fraud Litigation

 

We define corporate fraud as a loss to a corporation arising from the deceitful conduct, or the conduct by omission, of the officers and directors of the corporation, or arising from the conduct of third party individuals and entities. It is separate and apart from what we define as ‘employee fraud’ because of the nature of the fraud, and due to the way the law treats such incidents.

Employee Fraud Litigation

 

In our view, the primary distinction between a corporate fraud and an employee fraud is that the law views the senior management of a corporation as being in a fiduciary relationship with the company, whereas lower level management and mere employees are generally not held to be fiduciaries. A finding of whether a corporate officer or senior management employee holds a fiduciary position in a company is important, in part, to determine the availability of recovery tools such as equitable asset tracing, freezing, and preservation orders. If a court finds an employment relationship is merely an employment contract, injunctive and equitable remedies may not be immediately available.

Immigration Fraud Litigation

 

The term “immigration fraud”, for our purposes, is the exploitation of foreign citizens attempting to obtain permanent residency in Canada, and is also the exploitation of Canadian employers seeking to hire foreign workers. This fraud is often perpetrated either by immigration consultants operating within Canada or foreign immigration ‘professionals’.

Insurance Fraud Litigation

 

We are frequently retained to combat insurance fraud on behalf of insurers in three separate contexts. First, on behalf of insurers, we conduct the examination under oath of their own insureds, shortly after a claim is made.  Second, we defend insurers in cases where an insurer or third party has instigated civil proceedings, and where the insurer alleges that the claim is either wholly or partly fraudulent. Third, we subrogate against service providers on behalf of insureds and insurers, where an insurer has paid out on a loss based on a fraud.

Investment Fraud Litigation

 

At Investigation Counsel, we handle numerous investment fraud claims, including, most recently, claims arising from the trading of medium term notes through international private placement programs. While medium term note trading is legitimate, a growing number of these investment platforms have been abused by dishonest individuals who represent themselves as being bona fide investment advisors.

Romance Fraud Litigation

 

At Investigation Counsel, we have coined a term for frauds perpetrated in the relationship context as ‘Relationship Frauds’. We are not the first to have dealt with this phenomenon.  There is an American organization, LoveFraud, which has been operating for some time by providing assistance to victims of relationship frauds.

Retailer Civil Recovery Litigation

 

Civil recovery is essentially the recouping of losses resulting from thefts or frauds committed against retailers. Typically, those arrested for shoplifting or internal thefts are given notice at the time of their arrest that civil recovery will be sought weeks subsequent to their release from custody. Civil recovery is a distinct and separate process from criminal proceedings and trespass notices, and the demand for civil recovery has no bearing on whether criminal proceedings are commenced, how criminal matters are disposed of, or whether a trespass ban is lifted

Spiritualist & Psychic Fraud Litigation

 

At Investigation Counsel, we have received inquiries about frauds perpetrated by spiritualists and psychics. Spiritualism has been defined as a belief that spirits of the dead or other universes have the ability to communicate with the living of our universe. Fraud has the opportunity to occur where clients of spiritualists and psychics have vulnerabilities, and when the spiritualists’ fiduciary-type duties succumb to their own greed. When a spiritualist or psychic claims to communicate on behalf of a spirit, and when the communication is designed to obtain the transfer of money and property, we are of the view that Court may find that such representations are fraudulent.

Fraud Recovery Assesments 

While Fraud and Debt Recovery Litigation is the focus of our firm, Fraud Recovery Assessments are a service we provide to fraud victims on a fixed rate or complementary basis.  Whether our assessment is fee based or complementary depends on the complexity of the matter and whether we are retained for the recovery litigation. 

Corporate Fraud Litigation

We define corporate fraud as a loss to a corporation arising from the deceitful conduct, or the conduct by omission, of the officers and directors of the corporation, or arising from the conduct of third party individuals and entities. It is separate and apart from what we define as ‘employee fraud’ because of the nature of the fraud, and due to the way the law treats such incidents.

Employee Fraud Litigation

In our view, the primary distinction between a corporate fraud and an employee fraud is that the law views the senior management of a corporation as being in a fiduciary relationship with the company, whereas lower level management and mere employees are generally not held to be fiduciaries. A finding of whether a corporate officer or senior management employee holds a fiduciary position in a company is important, in part, to determine the availability of recovery tools such as equitable asset tracing, freezing, and preservation orders. If a court finds an employment relationship is merely an employment contract, injunctive and equitable remedies may not be immediately available.

Immigration Fraud Litigation

The term “immigration fraud”, for our purposes, is the exploitation of foreign citizens attempting to obtain permanent residency in Canada, and is also the exploitation of Canadian employers seeking to hire foreign workers. This fraud is often perpetrated either by immigration consultants operating within Canada or foreign immigration ‘professionals’.

Insurance Fraud Litigation

We are frequently retained to combat insurance fraud on behalf of insurers in three separate contexts. First, on behalf of insurers, we conduct the examination under oath of their own insureds, shortly after a claim is made.  Second, we defend insurers in cases where an insurer or third party has instigated civil proceedings, and where the insurer alleges that the claim is either wholly or partly fraudulent. Third, we subrogate against service providers on behalf of insureds and insurers, where an insurer has paid out on a loss based on a fraud.

Investment Fraud Litigation

At Investigation Counsel, we handle numerous investment fraud claims, including, most recently, claims arising from the trading of medium term notes through international private placement programs. While medium term note trading is legitimate, a growing number of these investment platforms have been abused by dishonest individuals who represent themselves as being bona fide investment advisors.

Power Of Attorney Fraud

While a Power of Attorney (POA) under the Substitute Decisions Act, 1992 is an important part of planning, it is very easy for unscrupulous and dishonest attorneys to abuse the authority and use it as a license to steal. It is the most common form of elder abuse in Canada.

Relationship Fraud Litigation

At Investigation Counsel, we have coined a term for frauds perpetrated in the relationship context as ‘Relationship Frauds’. We are not the first to have dealt with this phenomenon.  There is an American organization, LoveFraud, which has been operating for some time by providing assistance to victims of relationship frauds.

Retailer Civil Recovery Litigation

Civil recovery is essentially the recouping of losses resulting from thefts or frauds committed against retailers. Typically, those arrested for shoplifting or internal thefts are given notice at the time of their arrest that civil recovery will be sought weeks subsequent to their release from custody. Civil recovery is a distinct and separate process from criminal proceedings and trespass notices, and the demand for civil recovery has no bearing on whether criminal proceedings are commenced, how criminal matters are disposed of, or whether a trespass ban is lifted.

Spiritualist and Psychic Fraud Litigation

At Investigation Counsel, we have received inquiries about frauds perpetrated by spiritualists and psychics. Spiritualism has been defined as a belief that spirits of the dead or other universes have the ability to communicate with the living of our universe. Fraud has the opportunity to occur where clients of spiritualists and psychics have vulnerabilities, and when the spiritualists’ fiduciary-type duties succumb to their own greed. When a spiritualist or psychic claims to communicate on behalf of a spirit, and when the communication is designed to obtain the transfer of money and property, we are of the view that Court may find that such representations are fraudulent.