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Prosecuting and Defending Fraud Cases, 2nd Edition
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Prosecuting and Defending Fraud Cases, 2nd Edition

Jonathan Shime, Ian Smith, Grace Hession David
General Editor(s): Brian H. Greenspan, Vincenzo Rondinelli
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In the current age, crime—specifically fraud—is becoming more common, organized, and complex. The increase in white-collar offences has changed the way society is tackling fraud, from police services across Canada developing specialized units for fraud investigation to regulatory bodies pursuing severe disciplinary measures.

Prosecuting and Defending Fraud Cases: A Practitioner’s Handbook, 2nd Edition prepares readers to properly litigate fraud cases, examining both prosecutorial and defence perspectives. Guiding readers step by step throughout the process of a fraud case, this practical resource weaves strategic information with case law analysis and relevant provisions of the Criminal Code.

This edition features up-to-date legislation, additional content, updated charts, and a new chapter on cyber fraud in Canada. This handbook is designed to assist Crown attorneys, defence counsel, and trial judges in understanding the principles of fraud.

This text is Volume 6 in Emond’s Criminal Law Series.

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  • ISBN/ISSN: 978-1-77255-686-5
  • Status: Available
  • Cover: Softcover

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  • ISBN/ISSN: 978-1-77255-687-2
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ISBN
978-1-77255-686-5
Page Count
248
Publisher
Emond Publishing
Publication Date
October 2020
Status
Available
Subjects
Criminal Law and Procedure; Criminal Law Series; Evidence and Investigation; Criminology
Tags
Higher Education Practice Canadian Law

  • New chapter on cyber fraud in Canada
  • New content covering Crown obligation with respect to e-disclosure, documents in possession, and the recent SCC pronouncement on influence peddling and breach of trust involving a police officer
  • Updated sentencing charts and case law tables on various topics, including for “Other Fraudulent Means,” breach of trust sentencing, major fraud sentencing, fine in lieu of forfeiture, and time to pay
  • First ever chapter published on criminal organizations and fraud, which distinguishes a conspiracy from a criminal organization and includes sentencing considerations
  • Content covering victim impact statements and community impact statements
  • Boilerplate for s.29 CEA bank affidavits to accompany documentary evidence from a Production Order

1. Pre-Charge Considerations
2. Judicial Interim Release
3. Fraud and Disclosure of the Case
4. Material Elements of Fraud
5. Admissibility Documents
6. Sentencing
7. Restitution
8. Forfeiture
9. Criminal Organization Fraud
10. Regulatory Issues
11. Fraud-Related Offences
12. Cyber Fraud

Chapter 2: Judicial Interim Release

"[T]his text is an indispensable companion to the criminal counsel, Crown or defence, who wish to litigate these cases in a highly skilled and professional manner."

— Mark Sandler, LLB

"Last evening I was working on a fraud file and had not yet ‘cracked’ Prosecuting and Defending Fraud Cases. In 15 minutes I had enough direction to be prepared for my client's next appearance. I look forward to the new texts in the series."

— Patrick McDougall, Barrister


“Last evening I was working on a fraud file and had not yet ‘cracked’ Prosecuting and Defending Fraud Cases. In 15 minutes I had enough direction to be prepared for my client's next appearance. I look forward to the new texts in the series.”

— Patrick McDougall, Barrister



 
 

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