Episode F4

Episode F4 — R. v. Zlatic: Other Fraudulent Means and Dishonest Business Conduct

36 min · Mar 3, 2023
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Episode F4 — R. v. Zlatic: Other Fraudulent Means and Dishonest Business Conduct
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Episode Summary

This episode explains R. v. Zlatic and the meaning of 'other fraudulent means.' The case shows that fraud can involve dishonest business conduct even where there is no simple direct lie. The Supreme Court considered whether the use of sale proceeds in a way that exposed creditors' economic interests could amount to fraud by other fraudulent means. The episode focuses on how courts distinguish between ordinary business risk and dishonest conduct that crosses into criminal fraud, and it connects Zlatic back to Olan and Théroux.

What You'll Learn

  • What 'other fraudulent means' captures in business contexts
  • When use of funds becomes dishonest conduct
  • How Zlatic connects to Olan and Théroux

Key Investigator Takeaways

  • No lie is required to prove fraud
  • Misuse of entrusted funds can ground a fraud charge
  • Document the diversion and the risk to creditors

Cases Discussed

Visual Mind Map

R. v. Zlatic
Other fraudulent means
Other fraudulent means
Beyond deceit / falsehood
Business conduct
Commercial setting
Use of funds
Where the money went
Creditor risk
Exposure of creditors
Economic interest
Protected interest
Deprivation
Actual loss
Risk of deprivation
Exposure to loss
Dishonesty
Ordinary standards
Commercial context
Reasonable business behaviour
Subjective knowledge
Accused's awareness
Link to Olan
Foundation
Link to Théroux
Modern test
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Transcript

Show transcript

Episode F4 unpacks R. v. Zlatic and the conduct branch of fraud…

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