Episode F10
Episode F10 — Deprivation in Fraud: Actual Loss, Risk of Loss, and Economic Prejudice
34 min · Aug 17, 2023
Audio coming soon
Episode F10 — Deprivation in Fraud: Actual Loss, Risk of Loss, and Economic Prejudice
00:0034 min
Episode Summary
This episode explains the deprivation element of fraud. Deprivation can include actual economic loss, but it can also include risk of loss or prejudice to an economic interest. The major fraud cases make clear that investigators must pay attention to both completed loss and risk-based harm. Deprivation is proven through bank records, transaction history, contracts, invoices, business records, victim statements, and expert evidence where appropriate.
What You'll Learn
- • Forms of deprivation recognized by Canadian courts
- • How to prove risk of loss and economic prejudice
- • When expert evidence is appropriate
Key Investigator Takeaways
- • Trace funds and contracts end-to-end
- • Quantify both realized loss and exposure
- • Document prejudice to economic interests, not only cash loss
Cases Discussed
R v Olan
[1978] 2 SCR 1175
Whether risk of economic loss satisfies the deprivation element
R v Théroux
[1993] 2 SCR 5
Elements of fraud — dishonest act and subjective knowledge
R v Riesberry
2015 SCC 65
Causation and risk of deprivation in fraud
R v Zlatic
[1993] 2 SCR 29
Whether reckless conduct can amount to 'other fraudulent means'
Visual Mind Map
Deprivation
s. 380 actus reus
Actual loss
Realized financial harm
Risk of loss
Exposure to loss
Economic prejudice
Harm to interests
Property
Tangible / intangible
Money
Cash, deposits, transfers
Valuable security
Negotiable instruments
Services
Induced by fraud
Victim records
Statements, contracts
Bank records
Account flows
Contracts
Documented obligations
Risk evidence
Exposure documentation
Expert evidence
Valuation, loss analysis
Investigator checklist
Quantify loss + risk
Transcript
Show transcript
Episode F10 walks through the deprivation branch and the evidence that supports it…