Expert Fraud Lawyers in Sydney
Fraud is when a person dishonestly obtains property or a financial advantage by deception.
Common types of Fraud offences
Fraud offences involving trust accounts are common among solicitors and real estate agents. Many matters involve the making of a false instrument or false statements.
Offences involving accountants usually involve the taking of money received from superannuation payments, GST and other payments.
Many matters involve government authorities such as Centrelink, Child Support Agency and the ATO. We have found that there is an increasing amount of fraudulent activity on websites that allow anyone to sign up and sell whatever they like.
What should I do if I am the victim of fraud?
Generally speaking, you should report the matter to police. If the person committing the fraud is a professional such as lawyer or real estate agent, you should also report them to their governing body.
How do I get my money back?
You will likely need to commence civil proceedings in court to recover your money. If the person is charged by the police in NSW, the police normally seek an order for recovery.
What if I have committed fraud? Will I be charged by the police?
Many people are in positions of trust and for one reason or another they act out of character and commit offences that they ordinarily would never have committed.
If you have committed fraud and a complaint is made to police, you will likely be charged shortly after the complaint.
What if I pay the money back?
Paying the money back does not erase the crime, however, it will usually help establish remorse, which is relevant to sentencing.
Sentencing in fraud matters
Fraud carries a maximum sentence of 10 years in prison. When considering the appropriate sentence, the court looks at the following:
- The amount of money and whether the loss is irretrievable;
- The length of time over which the offences are committed
- The motive for the crime;
- The degree of planning and sophistication; and
- An accompanying breach of trust.
There are aggravating factors that the court will consider such as the class of persons affected. For example, if the person is vulnerable such as an elderly person or person with a disability, the court will take this into account and it likely increase your sentence.
What mitigating factors will the court consider?
The court will consider the following factors:
- Mental condition of the defendant;
- Absence of a criminal record;
- Guilty plea;
- Hardship to third parties;
Can the Best Fraud Lawyers in Sydney help me?
We are experienced in dealing with fraud offences ranging from a few hundred dollars to millions.
Our lawyers have successfully brought civil claims in the millions for fraud. We have also obtained very favourable outcomes in criminal proceedings for defendant’s including a section 9 bond in the local court.
To find out more about fraud offences contact Wilding & Co Lawyers to speak with a lawyer. The first consultation is always free.