Health, Safety, Security, Emergencies, Administration
Presented by Luc Lebel, Investigations Manager, Fraud Investigations Directorate,
PWGSC
Fraud Investigations Directorate
Luc LeBel
Fraud Investigations Directorate
7A1, Phase III
Place du Portage
Gatineau, Quebec
K1A 0S5
(819) 956-2995
E-mail: luc.lebel@pwgsc.gc.ca
Fraud Investigations Directorate (FID)
Objectives
On completing the session, participants:
- Will have a better understanding of the mandate of the FID at PWGSC.
- Will be better acquainted with the legal framework that dictates Public
Servant professional behaviour.
- Will be familiar with the investigation process associated with
- Public Service Pension Fraud
- Government of Canada Credit Card Fraud
Fraud Investigations Directorate (FID)
Presentation Schedule
- Are Public Servants obliged to report wrongdoing?
- Fraud with Public Service Pension
- Fraud with Government Credit Cards
Portion of FID's Mandate
Fraud Investigations Directorate (FID) is responsible to:
- Examine issues related to fraud, illegal acts, conflict of interest, breaches
of trust, and wrongdoing.
- Provide awareness seminars to managers and employees to ensure a heightened
fraud awareness and an understanding of the acts/codes and policies which
govern each employees' conduct in their professional life; and
- Exclusive liaison with the RCMP and all other jurisdictions of law enforcement
on fraud related matters.
Fraud Investigations's Role
Provide investigative and reporting services to the
department under:
- Treasury board manual, program management and comptrollership component,
chapter 4-7, policy on losses of money and offences and other illegal acts
against the crown.
- Internet: http://www.tbs-sct.gc.ca/pubs_pol/dcgpubs/TBM_142/4-7
- Policy objective: to ensure accountability for all losses of money and all
allegations of offences and illegal acts against the Crown and other improprieties
by reporting and investigating them, and taking appropriate action.
Comptrollership, Policy Requirements
Departments must ensure that employees are aware of, and are periodically reminded
of this policy; their potential liability under section 78 of the Financial
Administration Act (FAA) (R.S.C. 1985, c. F-11) and sections 122 and 126 of
the Criminal Code; and their personal responsibility under paragraph 80(e) of
the FAA to report any knowledge of:
- a contravention of the FAA or of its regulations;
- a contravention of any revenue law; or
- any fraud against Her Majesty.
Fraud & Conflict of Interest Awareness Sessions
Financial Administration Act (FAA), Liability for Loss
78. Any person employed in collecting or receiving any public money and who,
by reason of their malfeasance or negligence any sum of money is lost to Her
Majesty, that person is accountable for the sum as if that person that collected
and received it and it may be recovered from that person as if that person had
collected and received it.
Financial Administration Act (Cont’d)
Part IX - Civil Liability and Offences
Offences and Punishment
80. Every person connected with the collection, management or disbursement
of public money who:
- receives any compensation for the performance of any official duty, except
as by law prescribed;
- conspires or colludes with any other person to defraud Her Majesty;
- designedly permits any contravention of the law by any other person;
Financial Administration Act (Cont’d)
Offences and Punishment (Cont’d) Section 80
- wilfully makes or signs any false entry, false certificate;
- having knowledge of a contravention … fails to report, in writing,
that knowledge;
- demands or accepts, or attempts to collect any sum of money. For the compromise
adjustment or settlement of any charge or complaint
- is guilty of and liable on conviction to a fine not exceeding $5,000 and
to imprisonment for a term not exceeding five years:
Investigation Flow Chart
Statistics 2003 - July 2005
Proof Stage in Fraud Cases
- Building the circumstantial case.
- Obtaining direct evidence.
- Sealing the case through examination of the subject.
Definition of Fraud
Section 380 Criminal Code
Everyone 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 of any service.
Basic elements of Fraud are: Dishonesty and Deprivation
Criminal Charges
PSSA Fraud
Between the 12th day of November, 1997, and the 10th day of November 2000,
both dates inclusive, at or near Red Deer, Alberta, did by deceit, falsehood,
or other fraudulent means defraud Her Majesty the Queen in right of Canada,
as represented by the Canada Pension Plan of money of a value exceeding $5,000.00,
to with by collecting $33,516.12 in benefits after failing to advise the directors
of the Public Service Superannuation Act under the Canada Pension Plan that
his mother, whom he had power of attorney for, had passed away, contrary to
section 380 (1) (A) of the Criminal Code of Canada.
Criminal Charges
- Between the 29th day of January, 2002, and the 7th day of August, 2001,
at or near Hull, Quebec, did by deceit, falsehood, or other fraudulent means
defraud her Majesty the Queen in right of Canada, as represented by the Department
of Public Works and Government Services Canada, of money of a value exceeding
$5 000.00, thereby committing an offence under section 380(1) of the Criminal
Code of Canada.
- Between the 29th day of January, 2002, and the 31st day of October, 2001,
at or near Hull, Quebec, did , while a Federal Public Servant, commit a breach
of trust in connection with the duties of his office in reference to the utilization
of a Credit Card and a Cellular Telephone, thereby committing an offence under
section 122 of the Criminal Code of Canada.
- Between the 29th day of January, 2002, and the 7th day of August, 2001,
at or near Hull, Quebec, did by deceit, falsehood, or other fraudulent means
defraud her Majesty the Queen in right of Canada, as represented by the Department
of Public Works and Government Services Canada, of money of a value not exceeding
$5 000.00, thereby committing an offence under section 380(1)b(i) of the Criminal
Code of Canada.
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