Fraud

====Canada====
Section 380(1) of the [[Criminal Code (Canada)|Criminal Code]] provides the general definition for fraud in Canada:

{{blockquote|
'''380'''. (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,

:(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or
:(b) is guilty
::(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
::(ii) of an offence punishable on summary conviction, where the value of the subject-matter of the offence does not exceed five thousand dollars.<ref>{{cite web |url=http://laws-lois.justice.gc.ca/eng/acts/C-46/page-177.html#h-105 |title=Criminal Code, Section 380 |publisher=Laws-lois.justice.gc.ca |access-date=2013-12-05 |archive-date=7 October 2015 |archive-url=https://web.archive.org/web/20151007033324/http://laws-lois.justice.gc.ca/eng/acts/C-46/page-177.html#h-105 |url-status=live }}</ref>
|}}

In addition to the penalties outlined above, the court can also issue a prohibition order under s. 380.2 (preventing a person from "seeking, obtaining or continuing any employment, or becoming or being a volunteer in any capacity, that involves having authority over the real property, money or valuable security of another person"). It can also make a restitution order under s. 380.3.<ref>{{cite web |url=http://laws-lois.justice.gc.ca/eng/acts/C-46/page-178.html |title=Criminal Code, Sections 380.2 - 380.3 |publisher=Laws-lois.justice.gc.ca |access-date=5 December 2013 |archive-date=17 January 2014 |archive-url=https://web.archive.org/web/20140117000913/http://laws-lois.justice.gc.ca/eng/acts/c-46/page-178.html |url-status=live }}</ref>

The Canadian courts have held that the offence consists of two distinct elements:

:* A prohibited act of deceit, falsehood or other fraudulent means. In the absence of deceit or falsehood, the courts will look objectively for a "dishonest act"; and
:* The deprivation must be caused by the prohibited act, and deprivation must relate to property, money, valuable security, or any service.<ref>{{cite web|title = The Law of Fraud and White Collar Crime in Canada|url = http://www.blakes.com/pdf/Calgary/white_collar/Tab_4The_Law_of_Fraud_and_White_Collar_Crime_in_Canada.pdf|author = Tony Wong|publisher = [[Blake, Cassels & Graydon LLP]]|access-date = 22 April 2012|archive-url = https://web.archive.org/web/20120813020142/http://www.blakes.com/pdf/Calgary/white_collar/Tab_4The_Law_of_Fraud_and_White_Collar_Crime_in_Canada.pdf|archive-date = 13 August 2012|url-status = dead}}</ref>

The [[Supreme Court of Canada]] has held that deprivation is satisfied on proof of detriment, prejudice or risk of prejudice; it is not essential that there be actual loss.<ref>''R. v. Olan et al.'', [1978] 2 S.C.R. 1175. {{lexum-scc2|1978|2|1175}}</ref> Deprivation of [[confidential information]], in the nature of a [[trade secret]] or copyrighted material that has commercial value, has also been held to fall within the scope of the offence.<ref>''R. v. Stewart'', [1988] 1 S.C.R. 963. {{lexum-scc2|1988|1|963}}</ref>