Fraud

Question 1

What is the criminal code definition of fraud?

Answer 1

Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public of any person, whether ascertained or not, of any *property, money or valuable security or any service,

Question 2

what is the mathematical equation of fraud?

Answer 2

theft + deceit = fraud

Question 3

four common instances that you should consider a charge of false pretences:

Answer 3

NSF checks (no money in the bank upon cashing the check)

Price switching

Rehashing (returning an item you haven’t bought)

Obtaining Credit

Question 4

what can we say about Fraud and False pretences?

Answer 4

Almost all false pretences are frauds but not all frauds are false pretences. When in doubt, charge with fraud.

Question 5

what are the elements of the offence Identity Fraud?

Answer 5

everyone commits an offence who fraudulently personates another person, living or dead with intent:

to gain advantage

Cause a disadvantage to the person being impersonated or another person

Obtain property or an interest in property

avoid arrest or prosecution, or cause justice to be prevented

Question 6

When does Identity Theft occur?

Answer 6

when someone is in possession of someone else’s identity information under circumstances that give rise to believe the person is committing or going to commit an offence with it.

Question 7

Possess Counterfeit Money CC definition:

Answer 7

Everyone who, without lawful justification or excuse, the proof lies upon him,

a) Buys, receives or offers to buy or receive
b) Has in his custody or possession, or
c) Introduces into Canada

Counterfeit money is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.