Vast Scope Of Fraud Means It Is Difficult To Prove

By Author: Kevin Douglas
Total Articles: 13
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In Canada in 2010, 9,977 people reported being victims of fraud. That breaks down to 831 victims a month, or about 27 victims a day. The RCMP estimates that Canadian fraud losses total between $10 billion and $30 billion annually. Yet only 5% of people who have been victims of fraud ever report it, statistics say.

Unlike theft, where property is stolen outright, fraud involves deceiving individuals or the public into willingly transferring money, property, or other valuable securities or services to the perpetrator. The range of activities that can constitute fraud is extremely large and encompasses property transactions, stock market manipulation, trademarks, conveyance of property to defeat creditors, falsification of records, mail fraud, and breach of contract. Social services such as healthcare or welfare are frequently defrauded. As well, rampant abuse of the Internet, telesales and identity theft, so called "mass marketing" fraud is a major and growing concern, with fraud-related offences such as credit and debit card fraud now thought to outnumber drug related offences in Canada. So why is fraud so under-reported? ...
... Possibly because, beyond a reasonable doubt, it is often difficult to prove that fraud has occurred.

Consulting a Kostman & Pyzer toronto fraud lawyer can provide some insight into the grey areas. Canadian theft and fraud laws are built on the premise that exploitative dishonesty should not be permitted. Fraud is a crime of persuasion, and the Crown prosecutor must prove that the accused was the individual who acted and that the accused intended to cause the fraudulent action (guilty mind/guilty knowledge that what they were doing involved incorrect or withheld information). Fraud trials are often based on circumstantial evidence. Complex paper trails and witness statements can be difficult to understand or questionably reliable. An experienced lawyer will have many opportunities to bring evidence and even the manner in which it was obtained, into question. As a result, defences of mistaken identity, lack of guilty knowledge, and even intoxication can be successfully utilized.

With the variety of scenarios that may constitute offences, legal representation is crucial to the successful resolution of suspected fraud. Seeking the advice of a lawyer will allow an understanding of the unique challenges of each individual situation and provide expertly advised strategies toward attaining the best possible outcome.

Author Bio:
The author of this article is affiliated with Kostman & Pyzer Barristers Toronto Criminal Lawyers, a criminal defence law firm serving clients in the Greater Toronto area and elsewhere in the province of Ontario.