Criminal Code of Canada
posted on
Mar 11, 2014 02:20AM
Keep in mind, the opinions on this site are for the most part speculation and are not necessarily the opinions of the company WITHOUT PREJUDICE
In section 380 of the Criminal Code of Canada as per below, you will see that everyone that defrauds by a falsehood is guilty of an indictable offence. It is my opinion that this may be readily applied in our case, and perhaps also used against employees of certain agencies. But, I will say, that we see financial institutions getting out of this all the time by opting to pay a settlement and no admission of guilt. When the settlement is accepted by the charging instrument, a certain degree of liability is then placed upon the charging instrument for not enforcing the law and letting the perpetrator walk, allowing it to continue its practise which may include trading that will continue to harm investors and in fact, does not uphold the integrity that is presented as being enforced in the markets.
So, as you can see, the laws are definitely in place to protect investors and the public, its just that they seem to be very rarely enforced. This is partly why I get, if laws are not enforced that allow a perpetrator to continue in their business, is this not partly "aiding and abetting" further crime?
I believe that all will find the bolded last paragraph very interesting.
Fraud380. (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.
(1.1) When a person is prosecuted on indictment and convicted of one or more offences referred to in subsection (1), the court that imposes the sentence shall impose a minimum punishment of imprisonment for a term of two years if the total value of the subject-matter of the offences exceeds one million dollars.
(2) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, with intent to defraud, affects the public market price of stocks, shares, merchandise or anything that is offered for sale to the public is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.