Episode F5
Episode F5 — R. v. Riesberry: Risk of Economic Harm and Fraud
32 min · Mar 7, 2023
Audio coming soon
Episode F5 — R. v. Riesberry: Risk of Economic Harm and Fraud
00:0032 min
Episode Summary
This episode explains R. v. Riesberry and the importance of risk in Canadian fraud law. Riesberry confirms that fraud may involve not only actual financial loss, but also conduct that places economic interests at risk. Investigators should not only ask 'How much money was lost?' — they should also ask, 'What economic interest was put at risk, how was it put at risk, and what evidence proves that risk?'
What You'll Learn
- • Risk of loss as a basis for deprivation
- • Public and institutional victims under s. 380
- • Causation between dishonest conduct and risk
Key Investigator Takeaways
- • Capture evidence of exposure, not only realized loss
- • Frame the deprivation theory around the risk created
- • Public and institutional victims count
Cases Discussed
R v Riesberry
2015 SCC 65
Causation and risk of deprivation in fraud
R v Théroux
[1993] 2 SCR 5
Elements of fraud — dishonest act and subjective knowledge
R v Olan
[1978] 2 SCR 1175
Whether risk of economic loss satisfies the deprivation element
R v Zlatic
[1993] 2 SCR 29
Whether reckless conduct can amount to 'other fraudulent means'
Visual Mind Map
R. v. Riesberry
Risk of economic harm
Actual loss
Realized harm
Risk of loss
Exposure is enough
Economic interest
Protected by s. 380
Pecuniary prejudice
Financial harm
Public victim
Betting public, market
Institutional victim
Industry / regulator
Attempted fraud
Inchoate liability
Dishonest conduct
Source of the risk
Evidence of risk
Records, expert analysis
Victim impact
Scope of exposure
Link to Théroux
Modern test
Investigator takeaway
Frame the file around risk
Transcript
Show transcript
Episode F5 walks through R. v. Riesberry and the role of risk in fraud…