icpc

What Fraud Victims Should Know About a Fraudster’s Obligation to Account

by icpc May 18, 2016 Finance

Victims of fraud often ask us whether a fraudster can be ordered by a Canadian Court to account for what the fraudster did with their money so that they may attempt to recover it from those who received it. Other times, victims of fraud just want an explanation. Last week an Ontario Court released its […]

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What Fraud Victims Should Know About Class and Group Actions

by icpc March 4, 2016 Business Law

Victims of fraud often ask us whether they should proceed by way of their own private action, a group action or a class action. The issue often comes down to a question of economics (both for the fraud victims and the law firm being asked to represent them) and litigation strategy. This blog post provides […]

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What Fraud Victims Should Know About Recovery Through Securities Regulators – Problems with Relying on OSC Disgorgement Orders

by icpc November 26, 2015 Finance

On October 26, 2015, the Canadian Foundation for Advancement of Investor Rights (FAIR Canada) held an “Investment Recovery Conference” with the Osgoode Hall Law School entitled “Public & Private Securities Enforcement: Improving Recovery for Harmed Investors.” The Conference held panel discussions on such topics as the ”Relationship Between Public Regulatory Enforcement and Private Securities Class […]

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When Investing, Exercise Due Diligence To Avoid Ponzi Schemes

by icpc February 5, 2014 Law

(Republished with permission) The Ponzi scheme was named after Charles Ponzi (1889-1949), a small time swindler who hit the big time when he invented a lucrative con in the 1920s that netted him more than $15M. Ponzi’s con (confidence scheme) was simple. He operated an extremely attractive investment scheme in which he guaranteed investors a […]

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Fraud and the confidential informant / whistleblower

by icpc January 15, 2014 Law

In many cases of fraud, for a variety of reasons such as embarrassment and fear, some fraud victims do not wish to report what has happened to them to either the police or to their own counsel for the purposes of bringing a civil recovery action. In other cases, persons with knowledge of fraudulent activity […]

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Fraud victims often need to look to the fraudster’s professionals for recovery

by icpc January 9, 2014 Business Law

Fraud victims often discover that the fraudster from whom they are seeking to recover is impecunious, bankrupt, or has transferred assets out of the jurisdiction resulting in a cost prohibitive and uneconomic recovery effort. In cases where the fraudster’s ill-gotten gains cannot be frozen immediately, fraud victims are required to look to third parties who […]

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RECOVERY FROM A FRAUDSTER’S SPOUSE

by icpc December 5, 2013 Fraud

In many cases of fraud, the misappropriated funds are used to fund a fraudster’s lifestyle or transferred into the possession of a third party. This article discusses recovery from a spouse or family member of a fraudster – an issue often raised by fraud victims in their quest for recovery. A leading case on this […]

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A fraud victim’s response to a fraudster’s allegations of extortion

by icpc November 21, 2013 Fraud

It is common practice for fraudsters who are defendants to civil fraud claims to allege that a fraud victim’s criminal complaint to police is being made for the purpose of obtaining an unlawful advantage in the civil proceedings. Sometimes fraudsters allege the criminal offence of extortion as against their fraud victims for the purpose of […]

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‘THROWING GOOD MONEY AFTER BAD’ – CONSIDERATIONS IN SELECTING YOUR FRAUD LAWYER

by icpc November 12, 2013 Debt Recovery

Much has been written recently in legal publications of the spiralling cost of civil litigation – for example, reference “Skin in the Game” published in the 2013 issue of Canadian Lawyer InHouse by Jennifer Brown. This article discusses various litigation funding issues including the reasons why the traditional fee based litigation at national law firms […]

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