In Canada, commercial and computer crime can take on many forms including: corporate fraud, tax evasion, electronic crime, theft, blackmail, forgery, embezzlement, hacking, internet fraud, identity theft, pornography, hate crimes, and more. The most common forms of commercial and computer crime are the following:

Embezzlement: misappropriation or misapplication of property or money entrusted to the care, control or custody of the accused.

Fraud: any dishonest misrepresentation of fact intended to induce another to do or refrain from doing something which causes loss. Internet Fraud is a form of fraud that includes altering computer input in an unauthorized way, altering, destroying, suppressing or stealing output, altering or deleting stored data, altering or misusing existing system tools or software packages, altering or writing code for fraudulent purposes, manipulating banking systems to make unauthorized electronic fund transfers and the unauthorized use of credit card numbers (also termed identify theft).

Hacking: deliberately gaining unauthorized access to an information system and, in extreme cases, it may amount to industrial espionage or a national security crime when an individual accesses commercially or nationally sensitive materials.

Piracy: the theft of software, the copying of licensed software without permission and software counterfeiting. Examples of piracy include distributing or selling unauthorized copies of CDs, VCDs and DVDs, possessing unauthorized copies with a view to distribute or sell and distributing copies on such a scale (even if not commercial) as to have a measurable impact on the copyright owner’s business.

Pornography: although pornography is not a computer specific crime, a substantial quantity of hardcore, soft-core and child pornography is available on the internet. Ostensibly, the majority of pornography is aimed at adults and it may or may not be illegal for adults to read or view, however, child pornography, in any form, is illegal.

Brodsky & Company has had considerable experience defending clients on commercial and information technology-related charges. Our lawyers are fully versed in this highly complex area and will provide expert, reliable advice on how to act within the legal boundaries of this constantly evolving area of the law. If you have been charged with a commercial or computer related crime or have any questions, please contact our office at (204) 940-4433 or our 24-hour on call lawyer at (204) 771-4278.