Annual Toronto Fraud Forum Two Tracks: (1) Insurance Fraud, (2) General Fraud Wide Choice At A Reasonable Cost

Transcription

1 Annual Toronto Fraud Forum Two Tracks: (1) Insurance Fraud, (2) General Fraud Wide Choice At A Reasonable Cost ASSOCIATION of CERTIFIED FRAUD EXAMINERS Toronto Chapter & CANADIAN ASSOCIATION of SPECIAL INVESTIGATION UNITS Trillium Chapter SPECIAL INFORMATION 1. Early registration $15 discount. 2. Early bird discount date Sept Substitutions accepted anytime. 4. CFE education credits 7 hours 5. RIBO education credits TBA. Le Parc Conference Center, Hwy 7 & Leslie WHO SHOULD ATTEND! Investigators forensic accountants SIU staff from insurers internal auditors insurance claims examiners lawyers asset tracers police anti-fraud professionals courtroom evidence specialists corporate security Law firm staff Thursday, September 20, 2012 (One Day) 8:00am (Registration) to 4:00pm Le Parc Conference Centre 8432 Leslie St., Thornhill, ON L3T 7M6 SW Corner of Leslie St. & Hwy#7 Price $215 + HST (Early Registration), $230 + HST After September 6, 2012 REGISTRATION (Fax is recommended): 1. Fax the Attached Registration Form to (416) Visa, MasterCard, Amex, Paypal 2. acfe.toronto@sympatico.ca 4. Mail: Ms. Penny Hill, ACFE-Toronto Chapter, 3230 Yonge St., Box 1408, Toronto, ON M4N 3P6 3. Phone (416) Penny Hill, Administrator, ACFE-Toronto Chapter, if any questions 5. All cheques should be made payable to ACFE-Toronto Chapter (Banker for this event). 6. Alternate for registration enquiries up to Sept. 6 Tom Eby (416) ebyt@idirect.com 7. NEW THIS YEAR: Pay using PAYPAL visit our website to obtain link: or GENERAL ENQUIRIES: Toronto Fraud Forum Registrar - Penny Hill acfe.toronto@sympatico.ca CASIU Co-Host Rep: Debbra Macdonald, , debbra@c3investigation.com ACFE Co-Host Rep: Tom Eby, , ebyt@idirect.com Additional Conference Brochures & Registration Forms: Page 1 of 6

2 INSURANCE AND GENERAL FRAUD TRACK FACULTY and TOPICS (In Order of Appearance) BAD FAITH OR BAD CLAIM? A CASE STUDY ANALYSIS Reid Lester, LL.B, Partner Laishley Reed LLP: Mr. Lester has a Bachelor of Arts degree in Economics from the University of British Columbia and a Masters Degree in Economics from Queens University. He was called to the bar in 1990 and has specialized in fraud related litigation since articling at a large Bay Street firm. Mr. Lester practices in the areas of Fidelity Insurance Law, Commercial Fraud, Banking and Bills of Exchange, E & O claims, and recovery actions of all kinds. He has extensive experience in commercial fraud matters relating to strategic guidance and to recovery claims, including Mareva injunctions, Anton Pillar Orders, and tracing orders. He also has an extensive background in matters relating to financial institutions concerning bills of exchange issues, breach of trust matters, Canadian Payments Association Rules and bank-related errors and omissions claims. Mr. Lester is a frequent contributor to industry seminars on commercial fraud, banking litigation and fidelity insurance issues. Mr. Lester can be reached at rlester@llr-law.com or at (416) TOPIC (Track 1&2): Bad Faith or Bad Claim? A Case Study Analysis: Claims for Punitive Damages, once rarely heard of in the industry, are now routinely sought in insurance litigation. These claims normally arise from allegations of Bad Faith on the part of the insurance company and its agents. How does an insurer investigate a suspicious claim with the threat of a Bad Faith allegation and a Punitive Damages claim hanging over its head? This presentation will show you the way. Reid will walk you through the investigation of a suspicious (and likely fraudulent) insurance claim, and offer suggestions and insights on how to carry out a thorough investigation, while meeting the duty of utmost good faith, and limiting exposure to claims for bad faith and punitive damages. INSURANCE FRAUD TRACK MAXIMIZING YOUR SURVEILLANCE DOLLARS; SURVEILLANCE INSIGHT AND THE KINESTHETIC APPROACH Diane Vachal, Associate Director idea, Diane has 22 years of experience in the life and health disability claims area. With her years of experience, Diane's focus is to assist our clients in lowering their claims durations and expenses. Diane is now the Associate Director at idea. Diane oversees the daily operations and handles all claim services, including, Kinesthetic Video Analysis (KVA), Kinesthetic Opinion Letters, Claimant Interviews, Scheduling Assessments and Evaluations, Workplace and Job Demands Analysis, as well as seminars and training. TOPIC (Track 1): Maximizing Your Surveillance Dollars: Surveillance Insight and the Kinesthetic Approach: Diane will touch on the ethics, rules and requirements for good surveillance. She will then discuss a Kinesiologist s requirements, education, background and how a Kinesiologist can be an asset in the industry. In addition, Diane will introduce what a Kinesthetic Video Analysis is and how it can be used as a secondary tool for adjusters and claims personnel when trying to detect fraud. Her presentation will include a couple of case scenario videos to demonstrate what is observed, and show the benefits that may not be so obvious. STAGED ACCIDENT COLLISIONS AND THEIR LINK TO ORGANIZED CRIME Detective Constable Kim Tanczos # 862 York Regional Police Service: Detective Tanczos has been a member of the York Regional Police Service for 21 years, including 13 years in general policing. She has been assigned to the Major Fraud Unit for 6 years, including the past two years dealing with investigations that are strictly related to staged motor vehicle collisions and insurance fraud. TOPIC (Track 1): Staged Accident Collisions and Their Link to Organized Crime: Detective Tanczos will discuss recent investigative activity by York Regional Police dealing with staged accident collisions. Page 2 of 6

3 INSURANCE FRAUD TRACK 1 (Cont d) SHOULD FIRE/SALVAGE VEHICLES BE EXAMINED FOR VIN AUTHENTICITY? Jeff Davis, Detective (Retired) Peel Regional Police Department. : Jeff Davis was a 31 year veteran of the Peel Regional Police with 8 years being spent as an Accident Reconstructionist and the last 17 years being devoted strictly to the importing/exporting of re-vinned motor vehicles. He devotes the majority of his time to vehicle examinations. He was the host and organizer of the annual Vehicle Identifiers Conference which is held every September in the City of Brampton. Once a year, North American police officers dedicated to auto theft gather for four days and examine 25 new model year vehicles in a closed and restricted environment to focus on methods of identifying a VIN if the vehicle s identity should ever be compromised or altered. Jeff is the past President of the North East Chapter of the International Association of Auto Theft Investigators. In addition, he just completed a coast-to-coast program with the National White Collar Crime Center based out of Glen Allen Virginia on Vin Cloning. Currently he examines vehicles for various insurance companies in addition to Adesa Auto Auction to ensure the Vehicles VIN`s are authentic. He is the father of three sons who are all police officers. Jeff has been married for 34 years and is the grandfather of four. TOPIC (Track 1): Should Fire/Salvage Vehicles be Examined for VIN Authenticity?: In this era of on-line salvage auctions, there are literally thousands of total loss vehicles being purchased and eventually utilized in potential insurance frauds. With staged accidents on the increase, Jeff will provide some examples of why you should have some of the vehicles examined which could reduce and/or eliminate a claim. CERTAINTY IN ACCIDENT RECONSTRUCTION Sam Kodsi, P. Eng. Kodsi Engineering Inc.: Sam Kodsi, P.Eng. graduated with a Bachelor of Engineering (Mechanical) from McMaster University and is a registered Professional Engineer in Ontario. Mr. Kodsi has been active in automotive engineering safety since 1995, focusing on motor vehicle collisions, occupant biomechanics, and pedestrian slip and fall incidents. He has specialized in Accident Reconstruction since Mr. Kodsi has been involved in more than 3000 technical investigations and has been the principal engineer in more than 2000 technical investigations involving motor vehicle collisions and other personal injury incidents. Mr. Kodsi has been involved in research and testing and has been qualified to provide expert evidence in the Ontario Court of Justice, Superior Court of Justice and Arbitrations. TOPIC (Track 1): Certainty in Accident Reconstruction: Sam will discuss certainty in the field of accident reconstruction, in which experts must be able to give objective and accurate answers that are well supported by thorough evidence and analysis. Items to be covered: 1) Understanding the requirement for certainty. 2) Traditional accident reconstruction methods. 3) Newer accident reconstruction tools. 4) Physical evidence and definitive answers. 5) Reconstruction science/analysis and reliability. 6) Expert opinion strength and limitations. GENERAL FRAUD TRACK 2 WHERE THERE S SMOKE, THERE ARE TWO CLAIMS and one of them may be against you! David Debenham, LL.B, LL.M, MBA, CFE, CMA, DIFA, Partner McMillan LLP - David. Debenham is a barrister and solicitor in the Ottawa law office of McMillan LLP (formerly Lang Michener). There is an interesting difference in David s profile in terms of his business and accounting qualifications, as well as his forensic accounting training in the DIFA program. David is that rare bird, a lawyer having full accounting credentials and an overlay of forensics. He is a forensic investigator s delight, someone who talks the language of the forensic expert witness and empathizes with the risks and pitfalls of investigation from all its various perspectives. He is the author of THE LAW OF FRAUD AND THE FORENSIC INVESTIGATOR (2 nd edition) from CARSWELL. The 2 nd edition has an additional 300 pages directed at the fraud investigator as a practitioner. This book was endorsed by the honorable judge B.T. Granger, who stated This book is well researched and organized in a user-friendly manner I have found this book to be very helpful when dealing with electronic evidence and would highly recommend this book to all lawyers and judges dealing with actions in this area of the law. TOPIC (Track 2): Where There s Smoke, There are Two Claims: ---and one of them may be against you! ---- come to this session to see inside the plaintiffs' lawyers' playbook for attacking any fraud investigator, insurance adjuster or forensic accountant who supports the denial of an insurance claim based on an allegation of arson. Based on an actual case, see how a defence team can go horribly wrong---and learn what you can do to prevent it from happening to you. This is a seminar that takes you directly into the "enemy" camp ----what you learn will surprise you. You can find out about the plaintiff's toolkit now, or later when you take the stand. This is one seminar all our members won't want to miss! Page 3 of 6

4 GENERAL FRAUD TRACK 2 (cont d) EXPENSE FRAUD David Malamed, CA.IFA, CPA, CFF, CFI, CFE, Partner, Grant Thornton LLP: David Malamed is a partner at Grant Thornton LLP in the Forensic Accounting and Investigative group. He has testified, investigated, reported and managed numerous fraud investigations involving both civil and criminal allegations. David is a member in the Canadian Institute of Chartered Accountants, as a specialist in Investigative Forensic Accounting, the American Institute of Certified Public Accountants, the Illinois CPA Society, the Association of Certified Fraud Examiners and the Association of Certified Fraud Investigators. David has lectured extensively and is regularly published and quoted in leading local and national newspapers and magazines. TOPIC (Track 2): Expense Fraud: Through a case based approach David will discuss the prevention, detection and investigation relating to expense fraud. (1) What, when and how to investigate. (2) The significance of a company's decision making throughout the process. (3) Who can the information be shared with. 4) The effectiveness of policies. PREVENTING FRAUD IN YOUR ORGANIZATION: BEST POLICIES AND PRACTICES Denise Bambrough, LL.B, Partner Borden Ladner Gervais LLP. Ms. Bambrough was called to the Ontario Bar in 1992 after receiving her B.A. from the University of Toronto in 1987 and her LL.B. from Osgoode Hall Law School in Ms. Bambrough practices extensively in the area of civil fraud recovery as part of Borden Ladner Gervais LLP s Fraud Law Group. Ms. Bambrough s civil fraud recovery practice involves representing victims of fraud in recovery proceedings and providing advice with respect to employee theft, credit card, cheque and investment fraud, bankruptcy fraud, fidelity claims, conspiracy, misappropriation, conversion, secret commission schemes and anti-piracy actions. Ms. Bambrough has specialized expertise in numerous recovery issues related to fraud, including Mareva injunctions, Norwich Pharmacal Orders, Anton Piller Orders, setting aside fraudulent conveyances, summary judgement, tracing orders, disclosure orders and restitution orders. She has represented individual victims, financial institutions, hospitals, general contractors, owners and companies in a wide variety of industries. TOPIC (Track 2): Preventing Fraud In Your Organization: Best Policies and Practices: While it is never possible for an organization to completely eliminate the risk of fraud, it is certainly possible to create conditions within an organization that will minimize the risk that fraud will occur and maximize the potential that fraud will be detected at the earliest possible opportunity. It is therefore critical to be pro-active in implementing policies and procedures which will reduce the opportunities for committing fraud, and which will create an environment in which employees, and outside service providers, will perceive that dishonest acts will be detected and dealt with severely. This presentation will include practical tips and advice that will help safeguard your organization from procurement fraud and other common types of employee fraud. EMERGING MORTGAGE FRAUD SCHEMES - WHAT WE ALL NEED TO KNOW Bill Vasiliou, BBA, MBA, CGA, CFE, DAC, - Seneca College Bill is a professor at Seneca College and has over 30 years of forensic and investigative experience in the financial services industry, in both the private and public sectors. Bill has developed, led and conducted operational, statutory and compliance audits; and has directed and conducted forensic analysis and investigations into the financial and business practices of financial institutions, resulting in the monitoring, rehabilitation, closure, or sale of the institution. Bill has investigated several hundred mortgage brokers, identifying non-compliance, illegal and fraudulent activity and quantified damages leading to charges and closure. He has provided litigation support and testimony in criminal, provincial offences, and civil and tribunal actions in over 40 cases. He has also assessed banking risk through capital, asset allocation, liabilities, management, earnings quality and cash flow analysis and developed and implemented strategic plans for risk assessment, mergers, and the rehabilitation of troubled financial institutions. TOPIC (Track 2): Emerging Mortgage Fraud Schemes What We All Need To Know: Mortgage fraud is a multimillion dollar enterprise. It ranges from fraud for shelter to fraud for profit. It affects not only lenders, but also borrowers, their communities, municipalities and the legitimate homeowners. The statement everything old is new again not only applies to fashion but also to mortgage fraud schemes. We will examine emerging schemes; address red flags related to the 5C s of lending and discuss a current $20 million fraud in the Ontario condominium market. Page 4 of 6

5 INSURANCE AND GENERAL FRAUD TRACK Combined Individual Liberty and the Courts LUNCH KEYNOTE SPEAKER Karen Selick, LL.B., Litigation Director Canadian Constitution Foundation Karen Selick is a lawyer and litigation director for the Canadian Constitution Foundation, freedom s defence team. Her passion is defending the liberty of individuals and businesses against intrusive government actions. She graduated from the University of Toronto in 1976 and spent many years in private practice in Belleville, Ontario before joining the CCF in She is also a magazine columnist and freelance writer who has published hundreds of columns and option pieces in publications such as The Globe and Mail, the National Post, Readers Digest, Canadian Lawyer magazine, and elsewhere. TOPIC: Individual Liberty and the Courts Canada s Charter of Rights and Freedoms celebrates its 30 th anniversary this year. When it was passed in 1982, Karen Selick was cautiously optimistic that it would do what constitutions are generally supposed to do: namely, set limits on the role of government. On paper, the Charter guarantees that individuals have the right to life, liberty, and security of the person. But new laws and regulations are passed every year, and old ones are rarely repealed. Civil libertarians now routinely warn that every single one of us is probably breaking the law in some way that we don t even know about, because nobody can take the time to read all the laws on the books. How did this happen in a country where liberty is constitutionally guaranteed? Ms. Selick analyzes how successive court decisions hacked away at the boundaries of individual liberty until we reached today s predicament. REGISTRATION and ENQUIRY Extra copies of this brochure and the registration form can be obtained by downloading a PDF file from the following websites and The best way to register is to fax your registration form on the last page of this brochure to (416) Registration enquiries can be made by to acfe.toronto@sympatico.ca at any time, or by phone (416) to office administrator Penny Hill. Conference Co-Chairs can be reached as follows: Call Tom Eby (ACFE Host) at (416) or ebyt@idirect.com ; or call Debbie McDonald (CASIU Host) at (905) or debbra@c3investigation.com. Choose the speakers and sessions that interest you from either Track 1 or Track 2. You are not limited to just one track. Substitution by a colleague is allowed at any time. Take advantage of the early bird $15 discount by registering early up to and including Thursday, September 6, Page 5 of 6

6 Annual Toronto Fraud Forum Jointly Hosted By Association of Certified Fraud Examiners, Toronto Chapter Contact: Tom Eby, Penny Hill, Tel. (416) , Fax (416) Summer Contact (prior to Sept. 6) Tom Eby: (416) , Canadian Association of Special Investigation Units, Trillium Chapter Contact: Debbra MacDonald, Tel. (905) , Registration 8:00am (coffee & muffins) - Lunch included Finishes 4:00pm Thursday, Sept. 20, 2012 Le Parc Conference Centre, 8432 Leslie St., Thornhill, (SW Corner Hwy 7 & Leslie), Tel # TRACK 1 Insurance Fraud # TRACK 2 General Fraud 8:00am Registration Coffee, trade show. 8:00am Registration Coffee, trade show 1 8:30am Bad Faith or Bad Claim? A Case 1 8:30am Bad Faith or Bad Claim? A Case Study Analysis - Reid Lester LL.B Study Analysis - Reid Lester LL.B 9:30am Coffee break & tradeshow (20 min.) 9:30am Coffee break & tradeshow (20 min.) 2 9:50am Maximizing Your Surveillance Dollars - Diane Vachal 2 9:50am Where There s Smoke, There are Two Claims - David Debenham LL.B 3 10:50am Staged Accident Collisions - Organized Crime - Det. Kim Tanczos 3 10:50am Expense Fraud Case Study David Malamed, CA.IFA 4 11:50am Lunch & Keynote Speaker Individual Liberty and the Courts - Karen Selick LL.B 4 11:50am Lunch & Keynote Speaker Individual Liberty and the Courts - Karen Selick LL.B 1:40pm Mini break (10 minutes) 1:40pm Mini break (10 minutes) 5 1:50pm Should Fire/Salvage Vehicles be Examined for VIN Authenticity - Det. (Retired) Jeff Davis 5 1:50pm Preventing Fraud In Your Organization - Denise Bambrough, LL.B. 2:50pm Coffee Break (10 min) 2:50pm Coffee Break (10 min) 6 3:00pm Certainty in Accident Reconstruction - 6 3:00pm Mortgage Fraud: Sam Kodsi P.Eng. Bill Vasiliou, CGA, CFE 4:00pm End of Conference 4:00pm End of Conference Registration (Please Print) Fax to (416) P lease add 13% HST to your fee. N ame S tandard fee $215 Position Late registration fee Compan y after Sept. 6, 2012 $ %HS T Add $27.95 HST#R %HS T Add $29.90 Add ress Please - all cheques payable to C ity ACFE Toronto Chapter and remit to: Prov. Postal Code 3230 Yonge St,Box 1408,Toronto, ON M4N 3P6 Tel Fa x VISA, Master Card, Amex - Number Em ail: Signature for credit card Card Expiry: Mo. Yr. PAYPAL: Visit our websites or to obtain link. Page 6 of 6