Notes on Fraud, Forgery, and False Pretences

Fraud

  • Definition:

    • Deceit, falsehood or fraudulent means to defraud the public or individuals of property, money, services, or valuable security, regardless of whether the victim is known or unknown.

  • Key Elements:

    • Dishonest Conduct: The accused must engage in deceit or fraudulent actions.

    • Deprivation: Results in actual loss or risk of loss to someone.

  • Circumstances Considered Fraud:

    • Providing false information to gain money, property, or services.

    • Breach of trust (misuse of authority for personal gain).

    • Deceptive business practices affecting consumers or investors.

  • Examples of Fraud Under the Criminal Code:

    1. Credit Card Fraud: Unauthorized use of someone else’s credit card details.

    2. Investment Fraud: Selling fake investment opportunities with promises of high returns (e.g., Ponzi schemes).

    3. Cheque Fraud: Writing bad cheques or altering them for extra value.

    4. Identity Fraud: Using another’s identity for financial benefits or criminal acts.

Forgery

  • Definition:

    • The act of creating, altering, or using a false document with fraudulent intent.

  • Key Elements:

    • Making or Altering: Must create, modify, or falsify a document.

    • Intent to Deceive: Accused must intend for the document to be acted upon as genuine.

    • Fraudulent Purpose: Committed to unlawfully gain something or cause loss.

  • Examples of Forgery:

    1. Signing another’s name: Forging on contracts or legal documents.

    2. Altering a cheque: Changing the amount or recipient's name.

    3. Creating fake ID: Counterfeit driver’s licenses or passports.

    4. Falsifying academic records: Modifying diplomas or transcripts for job or school admissions.

    5. Forging prescriptions: Altering prescriptions to acquire medication illegally.

    6. Fabricating financial records: Modifying bank statements/tax docs to secure loans or evade taxes.

False Pretences

  • Definition:

    • Intentionally misleading someone through false statements to gain money, property, or other benefits.

  • Key Elements:

    • False Statement of Fact: Must make an untrue representation.

    • Knowledge of Falsehood: The accused must know or should have known the statement was false.

    • Intent to Defraud: False statement made with intent to deceive for personal gain.

    • Victim's Reliance: Victim acts based on false representation resulting in loss.

  • Examples of False Pretences:

    1. Selling Fake Products: Counterfeit items marketed as genuine.

    2. Lying About Qualifications: Misrepresenting professional credentials to gain employment.

    3. Scamming via Fake Investments: Misleading individuals into investing in non-existent ventures.

    4. Using Fake Identity: Pretending to be someone else to obtain loans or rental property.

    5. Selling Non-Owned Property: Misleading people into buying items (land, cars, houses) not owned by the seller.

    6. Impersonating a Charity: Collecting funds under the guise of being a charity representative.