26 Jan Fraud & White Collar Crimes
Toronto Fraud Lawyer Robb MacDonald Specializes in White Collar Crimes.
Fraud & white collar crime has been a fast expanding area of Robb’s practice. Robb has experience at the Royal Bank of Canada in the areas of Private Banking, Corporate Finance, Mutual Funds, and Wealth Management. He has also passed the Canadian Securities Course and has taken part in many advanced training programs at RBC.
Robb’s background in finance and securities enables him to quickly get to the bottom of complicated white collar crime cases.
The term “white collar crime”, typically relates to non-violent crimes involving business professionals who make financial gains through the use of deception. Major areas of crime that typically fall under the “white collar” category are as follows:
Antitrust violations include price fixing, creating monopolies, mergers and acquisitions that restrict or substantially lessen competition and restraint of trade.
Bankruptcy fraud can be committed by individuals and/or corporations who purposely conceal assets or mislead creditors.
Bribery is the offer of money, goods, services, information or anything else of value, which is presented with the intent of influencing the actions, opinions, or decisions of the receiver.
Computer and Internet fraud includes using or applying for credit cards online under false names, unauthorized use of a computer, manipulation of a computer’s files and computer sabotage.
Credit Card Fraud
Credit card fraud is the unauthorized use of a credit card to obtain merchandise.
Counterfeiting occurs when someone copies or imitates an item without having been authorized to do so and passes the copy off for the genuine or original item.
Extortion involves forcing a person to give up property through the use of violence, fear or under pretense of authority.
Involves the use of forged documents to obtain or receive for personal benefit (cc. 375).
Fraud involves the use of deceit or falsehood to manipulate another out of property, money or valuable security or any service (cc 380.1).
Fraud Affecting Public Market
Involves the use of fraud to affect the price of stocks or shares or any merchandise traded on a public market in Canada (cc 380.2).
Fraudulent Manipulation of Stock Exchange Transactions
anyone who uses a stock exchange with the intent to create a false or misleading appearance of public trading in a security, or a false or misleading appearance with respect to the market price of a security,
Effects a transaction in the security that involves no change in the beneficial ownership thereof,
Enters an order for the purchase of the security, knowing that an order of substantially the same size at substantially the same time and at substantially the same price for the sale of the security has been or will be entered by or for the same or different persons, or enters an order for the sale of the security, knowing that an order of substantially the same size at substantially the same time and at substantially the same price for the
purchase of the security has been or will be entered by or for the same or different persons,is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years (cc 382).
Prohibited Insider Trading
A person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years who, directly or indirectly, buys or sells a security, knowingly using inside information that they
(a) possess by virtue of being a shareholder of the issuer of that security;
(b) possess by virtue of, or obtained in the course of, their business or professional
relationship with that issuer;
(c) possess by virtue of, or obtained in the course of, a proposed takeover or
reorganization of, or amalgamation, merger or similar business combination with, that
(d) possess by virtue of, or obtained in the course of, their employment, office, duties or occupation with that issuer or with a person referred to in paragraphs (a) to (c); or
(e) obtained from a person who possesses or obtained the information in a manner
referred to in paragraphs (a) to (d).
(2) Except when necessary in the course of business, a person who knowingly conveys inside information that they possess or obtained in a manner referred to in subsection (1) to another person, knowing that there is a risk that the person will use the information to buy or sell, directly or indirectly, a security to which the information relates, or that they may convey the information to another person who may buy or sell such a security, is guilty of;
(a) an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) an offence punishable on summary conviction.
Misappropriation of Funds
Misappropriation of Funds occurs when someone who has been entrusted with money or property appropriates it for their own use and benefit.
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