Episode F15

Episode F15 — Fraud Investigations: Evidence, Red Flags, and Practical Lessons

42 min · Mar 16, 2024
Audio coming soon
Episode F15 — Fraud Investigations: Evidence, Red Flags, and Practical Lessons
00:0042 min
Episode F15 — Fraud Investigations: Evidence, Red Flags, and Practical Lessons cover art

Episode Summary

This episode brings the fraud series together and focuses on practical investigation. It explains how investigators move from a complaint to evidence, from evidence to legal elements, and from legal elements to a chargeable fraud case. It summarizes the core fraud framework — dishonest conduct, deprivation or risk of deprivation, the accused's knowledge, and the evidence needed to prove each element — and connects fraud investigations to identity offences, false documents, business records, banking evidence, digital evidence, and proceeds of crime issues. Section 380 remains the central offence, while sections such as 402.2, 403, 362, 366, 368, 380.1, and 462.31 may become relevant depending on the facts.

What You'll Learn

  • Building a fraud file from complaint to charge
  • Mapping evidence to legal elements
  • Putting together a charge package that holds up

Key Investigator Takeaways

  • Tie every evidence item to a legal element
  • Plan production orders and seizures in parallel
  • Treat victim, records, and digital evidence as one case

Cases Discussed

Visual Mind Map

Fraud Investigation
Complaint to charge package
Complaint
Intake and triage
Victim statement
First-hand account
Dishonest act
Conduct element
Deceit
Express misrepresentation
Falsehood
Known-untrue statement
Other fraudulent means
Reckless / dishonest conduct
Deprivation
Loss element
Risk of loss
Exposure element
Accused's knowledge
Mens rea
Bank records
Account flows
Business records
Ledgers, contracts
Digital evidence
Devices, accounts
Identity evidence
s. 402.2 / 403 links
Forged documents
s. 366 / 368 evidence
Money flow
Funds-flow analysis
Proceeds of crime
s. 462.31 review
Case law
Olan, Théroux, Zlatic, Riesberry, Cox & Paton
Charge package
Element-to-evidence map
Investigator lessons
One coherent file
Open full map →

Transcript

Show transcript

Episode F15 closes the fraud series with practical investigative lessons…

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