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
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
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
(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
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
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
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.
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
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
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