General Editors: Brian H. Greenspan and Justice Vincenzo Rondinelli

The reality is that crime, specifically fraud, is becoming more common, organized, and complex. The increase in white-collar offences has changed the way society is tackling fraud, from police services across Canada developing specialized units for fraud investigation to regulatory bodies pursuing severe disciplinary measures.

Prosecuting and Defending Fraud Cases: A Practitioner’s Handbook, 2nd Edition prepares readers to properly litigate fraud cases, examining both prosecutorial and defence perspectives. Guiding readers step by step throughout the process of a fraud case, this practical resource weaves strategic information with case law analysis and relevant provisions of the Criminal Code.

This edition features up-to-date legislation, additional content, updated charts, and a new chapter on cyber fraud in Canada.

This handbook is designed to assist Crown attorneys, defence counsel, and trial judges in understanding the principles of fraud.

This text is Volume 6 in Emond's Criminal Law Series.

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• New chapter on cyber fraud in Canada
• New content covering Crown obligation with respect to e-disclosure, documents in possession, and the recent SCC pronouncement on influence peddling and breach of trust involving a police officer
• Updated sentencing charts and case law tables on various topics, including for “Other Fraudulent Means,” breach of trust sentencing, major fraud sentencing, fine in lieu of forfeiture, and time to pay
• First ever chapter published on criminal organizations and fraud, which distinguishes a conspiracy from a criminal organization and includes sentencing considerations
• Content covering victim impact statements and community impact statements
• Boilerplate for s.29 CEA bank affidavits to accompany documentary evidence from a Production Order

1. Pre-Charge Considerations
2. Judicial Interim Release
3. Fraud and Disclosure of the Case
4. Material Elements of Fraud
5. Admissibility
6. Sentencing
7. Restitution
8. Forfeiture
9. Criminal Organization Fraud
10. Regulatory Issues
11. Fraud-Related Offences
12. Cyber Fraud in Canada

Chapter 2: Judicial Interim Release

"Last evening I was working on a fraud file and had not yet 'cracked' Prosecuting and Defending Fraud Cases. In 15 minutes I had enough direction to be prepared for my client's next appearance. I look forward to the new texts in the series."

—Patrick McDougall, Barrister

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