Episode F19 — Self-Help Debt Collection and Fraud: You Cannot Collect by Deceit

Episode Summary

This episode explains why a person cannot justify fraudulent conduct simply by saying they were owed money. Many fraud files begin with a real or alleged debt, but Canadian fraud law does not permit a person to use deceit, false documents, false complaints, pressure tactics, or dishonest means to collect what they believe they are owed. The episode distinguishes civil debt collection, claim-of-right arguments, commercial disputes, and improper self-help remedies from Criminal Code fraud. It focuses on the difference between a legitimate effort to recover money and dishonest conduct that exposes another person's economic interests to risk. For investigators, the episode provides a practical framework for assessing debt-related complaints: identify the alleged debt, the collection method, the representation made, the economic consequence, and what the accused person knew when they acted.

What You'll Learn

• • Why being owed money does not justify fraud
• • How to distinguish debt disputes from dishonest collection conduct
• • Why claim-of-right arguments must be tested carefully
• • How deprivation or risk can arise in self-help collection files

Key Investigator Takeaways

• • A real debt does not give a person permission to deceive
• • Separate the debt issue from the dishonest means used to collect it
• • Build the file around the alleged debt, the false act, the economic risk, and accused knowledge

Cases Discussed

Visual Mind Map

Transcript

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