Fraud

https://laws-lois.justice.gc.ca/eng/acts/c-46/section-380.html

Criminal Code (R.S.C., 1985, c. C-46)

Fraud

  • 380 (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,
    • (a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or
    • (b) is guilty
      • (i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
      • (ii) of an offence punishable on summary conviction,
      where the value of the subject-matter of the offence does not exceed five thousand dollars.
  • Marginal note:Minimum punishment(1.1) When a person is prosecuted on indictment and convicted of one or more offences referred to in subsection (1), the court that imposes the sentence shall impose a minimum punishment of imprisonment for a term of two years if the total value of the subject-matter of the offences exceeds one million dollars.
  • Marginal note:Affecting public market(2) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, with intent to defraud, affects the public market price of stocks, shares, merchandise or anything that is offered for sale to the public is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
  • R.S., 1985, c. C-46, s. 380
  • R.S., 1985, c. 27 (1st Supp.), s. 54
  • 1994, c. 44, s. 25
  • 1997, c. 18, s. 26
  • 2004, c. 3, s. 2
  • 2011, c. 6, s. 2

Investigating by Computer

June 21, 2021

Principal Investigator successfully completed an ACFE (Association of Certified Fraud Examiners) course Investigating by Computer. Investigator previously completed the earlier edition of this course several years ago.

https://www.acfe.com/selfstudy.aspx?zid=2c92a0fe6a07e3e5016a27279b9c405d

Investigating by Computer, Second Edition will help you turn your computer into the most powerful investigative tool you own. Along with basic computer skills, this course can be used as a guide to every aspect of digital investigations.

Fraud Examination

June 11, 2021

Principal Investigator successfully completed an ACFE (Association of Certified Fraud Examiners) course Introduction to Fraud Examination. Investigator previously completed the earlier edition of this course several years ago.

https://www.acfe.com/selfstudy.aspx?zid=2c92a00e6a07e354016a272c4e0e556c

This course covers the basics of fraud examination by focusing on the major areas including criminology and ethics, legal elements of fraud, fraudulent financial transactions and fraud investigation. Introduction to Fraud Examination is the perfect introductory course for someone new to or unfamiliar with the anti-fraud profession, and provides a comprehensive review for experts in the field.

Introduction to Fraud Examination features 10 hours of footage which includes expert narration and interviews with convicted fraudsters.

The 17 video segments include: 

  • Introduction with Dr. Joseph T. Wells, CFE, CPA – 45:02
  • Causes of Fraud – 24:22
  • Planning the Investigation – 24:41
  • Legal Elements of Fraud – 37:18
  • Management’s and Auditor’s Responsibilities – 37:34
  • Legal Issues – 27:31
  • Fraud Schemes – 38:41
  • Sources of Information – 28:20
  • Financial Statement Fraud – 38:57
  • Interviewing Prospective Witnesses – 45:08
  • Rules of Evidence – 23:36
  • Evaluating Deception – 42:29
  • Analyzing and Managing Financial Information – 18:17
  • Admission Seeking Interviews – 42:11
  • Prevention of Fraud – 31:47
  • Testifying – 31:32
  • Signed Statements & Report Writing – 30:10

Ethics & Compliance

May 27, 2021

Principal Investigator successfully completed an ACFE (Association of Certified Fraud Examiners) course Ethics & Compliance Through the Eyes of An Independent Monitor.

https://www.acfe.com/selfstudy.aspx?zid=2c92a0fd6a07f4c6016a2728d2786837

This course explores the role of an independent monitor and prepares your company for an assessment of your internal operations. The course examines what independent monitors look for, how they do their work and the proactive steps you can take to demonstrate improvements to ethical culture.