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FRAUD

FRAUD. FRAUD.

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FRAUD

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  1. FRAUD

  2. FRAUD • Fraud involves obtaining property illegally by intentionally making a misrepresentation with the purpose of deceiving another party (e.g., a person, business or government). There are several categories of fraud, with penalties determined by the value of the property obtained by the fraudulent action.

  3. Offences against Rights of Property • 338. FRAUDULENTLY TAKING CATTLE OR DEFACING BRAND / Punishment for theft of cattle / Evidence of property in cattle / Presumption from possession. • 341. FRAUDULENT CONCEALMENT. • 342. THEFT, FORGERY, ETC., OF CREDIT CARD / Jurisdiction. • 361. FALSE PRETENCE / Exaggeration / Question of fact.

  4. Offences continued • 362. FALSE PRETENCE OR FALSE STATEMENT / Punishment / Idem / Presumption from cheque issued without funds / Definition of "cheque". • 363. OBTAINING EXECUTION OF VALUABLE SECURITY BY FRAUD • 364. FRAUDULENTLY OBTAINING FOOD AND LODGING / Presumption / Definition of "cheque".

  5. Crimes Against Society/Big Business(they’ll never notice…) • Fraud generally falls into one of three catagories. • Asset misappropriation – skimming sales, fraudulent billing, false expenses, etc. • Corruption – paying or accepting bribes, conflicts of interest, etc. • Fraudulent financial statements – falsifying the records to make a company look better or worse than it is.

  6. Examples of Fraud • Government fraud – in health care • http://www.chcaa.org/education/cost_of_fraud.php • Occupational Fraud • http://www.acfe.com/documents/rttn-canadian.pdf • Internet Fraud • http://www.419legal.org/blog/2008/04/23/internet-fraud-in-canada-reports-predict-an-ominous-rise-in-online-crimes-in-canada/

  7. You as the Victim of Fraud • Goal of a Scam/Fraud • Get someone to part with something of value (usually money) in a deceitful/dishonest way, giving little or nothing in return.

  8. Common Characteristics of Fraud • 1. Many people are targeted for a little money with the hope that they don’t notice, don’t care, or don’t do anything about it. • 2. A trusted relationship is created • 3. Promise of legitimacy, authenticity

  9. 4. Another offer or incentive to participate. There may be an effort to create information confusion – that is, attention is diverted from the scam/fraud by other information, issues or opportunities • 5. Pressure is applied – often time pressure – e.g., need to hurry and make a quick decisionor take quick action, or the opportunity will be lost.

  10. 6. Offers exceptional/extraordinary gain with little or no risk. • 7. There is a cap on the maximum level of participation. • 8. Secrecy.

  11. Common Schemes • West African Letter Scam • Prime Bank Scheme • Ponzi/Pyramid Scheme • Affinity Fraud • Offshore Investment Scam • Internet Fraud • Dating Scams

  12. Assignment Knowledge is the best defence • Become an expert about one type of fraud. • Present the result of your investigations to the rest of the class

  13. How Fraud is determined • The following web site gives a good understanding of how fraud is determined, and how charges are laid. • http://www.rcmp-learning.org/iim/ecdi1018.htm

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