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Fraud Offences

What is Fraud Offences?

As Fraud is often considered a pre-meditated or manipulative crime, it is looked upon very seriously by the court system. The offence can carry penalties of up to 10 years imprisonment, and the relevant laws, as set out in the Crimes Act, are complex and very specific, so it is particularly important to seek professional advice.

The Offence of Fraud

Under Section 192E of the Crimes Act 1900, a Fraud offence is committed when:
The accused commits an act of deception; and by that act;
Obtains property belonging to another, or obtains a financial advantage or causes financial disadvantage; and
The obtaining of that property or advantage or causing of that loss is dishonest (as defined).
Factors the Court will consider when sentencing a Fraud offence include:
• The amount of money involved
• Whether the loss is irretrievable
• The length of time over which the offence(s) were committed
• Motive
• Systematic dishonesty – degree of planning, sophistication or repetition
• Any breach of trust
• Impact on the victim(s).
• Demonstrating remorse by making restitution to the parties is a mitigating factor in sentencing.

Defences

Some of the possible defences available to a charge of Fraud include:

Duress: forced through actual threats to yourself or people close to you to cause you to offend.

Necessity: urgent circumstances that caused you to offend.

Mitigating circumstances: external events that led up to or caused the incident.Legal technicalities.

Types of Fraud

Centrelink Fraud

What is Centrelink Fraud?

Centrelink is likely to charge you with Centrelink fraud if the amount overpaid is not trivial and if Centrelink believes that you intentionally and knowingly engaged in conduct to obtain more money than you were entitled. In other words, what you did was more than just carelessness or negligence. For example, you intentionally failed to declare your income so you would be paid more benefits than you were entitled to.

This is a Commonwealth offence and is therefore prosecuted by the Commonwealth Director of Public Prosecutions (DPP). The matter is commenced and finalised in the Local Court.

Examples of situations where offending often occurs are:
• Getting a payment from Centrelink while getting income from a source other than working
• Living with someone while claiming to live alone
• Getting a payment from Centrelink for children not in your care
• Getting a payment from Centrelink while no longer studying
• Using more than one name to get payments from Centrelink
• Getting more than one payment from Centrelink
• Getting Rent Assistance when you are not paying rent.

Possible Penalties

The most common charge in these matters is obtaining a financial advantage from a Commonwealth entity, as prescribed in section 135.2(1) Criminal Code 1995 (Commonwealth). This carries a maximum penalty of 12 months imprisonment and/or a fine of $6,600.

However, in some cases the prosecution may decide that the conduct alleged is so serious that the matter should be dealt with in the District Court. This means that maximum penalties increase (up to 10 years imprisonment), and the matter will be heard and determined in the District Court before a Judge and possibly a jury if the matter is defended.

Other less commonly charged offences carry reduced penalties, such as making a false statement in a claim for a benefit, s136 Criminal Code 1995 (Cth).

Defences

• Lack of intent to defraud
• Centrelink employee error

Forgery

What is a Forgery Offence?

A person is guilty of Forgery who makes, uses or intends to use a false document with the intention to induce another person to accept it as genuine, and:

• Obtain property belonging to another;
• Obtain any financial advantage or cause any financial advantage; or
• Influence the exercise of public duty.

Inducing a person to accept a false document includes any instance in which a machine is caused to respond to the document as if it were a genuine document.

Penalties

The offence of Forgery carries a maximum penalty of 10 years.

Identity Crime

A person who deals in identification information with the intention of committing or facilitating the commission of an indictable offence is guilty of a Fraud offence.

What is ‘Identification Information’?

Identification information means information relating to a person (whether living or dead, real or fictitious, individual or body corporate) that is capable of being used to identify the person and includes:
• Name or address,
• Date or place of birth, marital status, relative’s identity or similar information,
• Driver license or driver license number,
• Passport or passport number,
• Biometric data,Voice print,
• Credit or debit card, its number or data stored or encrypted on it,
• Financial account number, user name or password,
• Digital signature,Series of numbers or letters (or both) intended for use as a means of personal identification,
• ABN.

Penalties

The maximum penalty for this type of offence is 10 years imprisonment. The maximum penalty for possession of identification information with a like intention to commit an offence is 7 years imprisonment.

A person who possesses any equipment, material or other thing that is capable of being used to make a document or other thing containing identification information and intends that the document or other thing made will be used to commit or to facilitate the commission of an indictable offence, is guilty of an offence carrying a maximum of 3 years imprisonment.

Medicare Fraud

It is illegal to obtain, or attempt to obtain, reimbursement from a Medicare program under false pretences, knowing or believing that you are not eligible to obtain such a benefit.

Examples of Medicare Fraud
• Making Medicare claims for services that were not provided
• Using someone else’s Medicare card
• Using an invalid concession card
• Forging prescriptions for PBS medicines
• Making PBS claims for medicines that were not provided
• Swapping PBS prescription medicines for other pharmacy items or goods
• Taking or sending PBS medicine overseas that is not for your personal use or the personal use of someone travelling with you.

Tax Fraud

Under the Commonwealth Criminal Code 1995 there is a range of different offences that a person who commits tax fraud can be convicted of. Broadly, the charge may be laid where the accused has obtained a financial advantage from a Commonwealth Entity (which includes the Australian Tax Office or the Commonwealth generally) where that advantage is obtained by deception.

Possible Penalties

The maximum penalty for the most common Tax Fraud offence, ‘Obtain a Financial Advantage by Deception’, is imprisonment for up to 10 years.

An example of a further offence is ‘Conspiracy to Defraud’. A person commits this offence if the person:
• Conspires with another person;
• Does so with the intention of dishonestly obtaining a gain for a third person; and
• The third person is a Commonwealth Entity.
• The penalty for this offence is also imprisonment for up to 10 years.

There is also a range of other comparatively less serious offences that might be committed in theprocess of completing one’s tax affairs, which carry significantly lesser penalties.

Legal Defences

There are many nuanced defences available to the charge of Tax Fraud, the most simple of which include:
• You made an honest and reasonable mistake of fact in dealing with your tax affairs
• Your motive was not to deceive.

How can Sydney Criminal Defence Lawyers help?

Our Criminal Lawyers will carefully consider your case, advise you on all your legal options, and recommend the best way forward.

Call us now on 02 8059 7121 or contact us after hours on 0420 998 650 or text 24hrs to book an appointment with one of our solicitors.

The initial consultation is free.

40+

Years of Combined Legal Experience

1000+

Successful Cases

1000+

Years of Prison Reduced across 1000+ Satisfied Clients

What is Fraud Offences?

As Fraud is often considered a pre-meditated or manipulative crime, it is looked upon very seriously by the court system. The offence can carry penalties of up to 10 years imprisonment, and the relevant laws, as set out in the Crimes Act, are complex and very specific, so it is particularly important to seek professional advice.
The Offence of Fraud

Under Section 192E of the Crimes Act 1900, a Fraud offence is committed when:

The accused commits an act of deception; and by that act; Obtains property belonging to another, or obtains a financial advantage or causes financial disadvantage; and The obtaining of that property or advantage or causing of that loss is dishonest (as defined).

Factors the Court will consider when sentencing a Fraud offence include:
• The amount of money involved\
• Whether the loss is irretrievable
• The length of time over which the offence(s) were committed
• Motive
• Systematic dishonesty – degree of planning, sophistication or repetition
• Any breach of trust
• Impact on the victim(s)
• Demonstrating remorse by making restitution to the parties is a mitigating factor in sentencing.

Defences

Some of the possible defences available to a charge of Fraud include:

Duress: forced through actual threats to yourself or people close to you to cause you to offend.

Necessity: urgent circumstances that caused you to offend.

Mitigating circumstances: external events that led up to or caused the incident.Legal technicalities.

Types of Fraud

Centrelink Fraud

What is Centrelink Fraud?

Centrelink is likely to charge you with Centrelink fraud if the amount overpaid is not trivial and if Centrelink believes that you intentionally and knowingly engaged in conduct to obtain more money than you were entitled. In other words, what you did was more than just carelessness or negligence. For example, you intentionally failed to declare your income so you would be paid more benefits than you were entitled to.

This is a Commonwealth offence and is therefore prosecuted by the Commonwealth Director of Public Prosecutions (DPP). The matter is commenced and finalised in the Local Court.

Examples of situations where offending often occurs are:
• Getting a payment from Centrelink while getting income from a source other than working
• Living with someone while claiming to live alone
• Getting a payment from Centrelink for children not in your care
• Getting a payment from Centrelink while no longer studying
• Using more than one name to get payments from Centrelink
• Getting more than one payment from Centrelink
• Getting Rent Assistance when you are not paying rent.

Possible Penalties

The most common charge in these matters is obtaining a financial advantage from a Commonwealth entity, as prescribed in section 135.2(1) Criminal Code 1995 (Commonwealth). This carries a maximum penalty of 12 months imprisonment and/or a fine of $6,600.

However, in some cases the prosecution may decide that the conduct alleged is so serious that the matter should be dealt with in the District Court. This means that maximum penalties increase (up to 10 years imprisonment), and the matter will be heard and determined in the District Court before a Judge and possibly a jury if the matter is defended.

Other less commonly charged offences carry reduced penalties, such as making a false statement in a claim for a benefit, s136 Criminal Code 1995 (Cth).

Defences

• Lack of intent to defraud
• Centrelink employee error

Forgery

What is a Forgery Offence?

A person is guilty of Forgery who makes, uses or intends to use a false document with the intention to induce another person to accept it as genuine, and:

• Obtain property belonging to another;
• Obtain any financial advantage or cause any financial advantage; or
• Influence the exercise of public duty.

Inducing a person to accept a false document includes any instance in which a machine is caused to respond to the document as if it were a genuine document.

Penalties

The offence of Forgery carries a maximum penalty of 10 years.

Identity Crime

A person who deals in identification information with the intention of committing or facilitating the commission of an indictable offence is guilty of a Fraud offence.

What is ‘Identification Information’?

Identification information means information relating to a person (whether living or dead, real or fictitious, individual or body corporate) that is capable of being used to identify the person and includes:
• Name or address,
• Date or place of birth, marital status, relative’s identity or similar information,
• Driver license or driver license number,
• Passport or passport number,
• Biometric data,Voice print,
• Credit or debit card, its number or data stored or encrypted on it,
• Financial account number, user name or password,
• Digital signature,Series of numbers or letters (or both) intended for use as a means of personal identification,
• ABN.

Penalties

The maximum penalty for this type of offence is 10 years imprisonment. The maximum penalty for possession of identification information with a like intention to commit an offence is 7 years imprisonment.

A person who possesses any equipment, material or other thing that is capable of being used to make a document or other thing containing identification information and intends that the document or other thing made will be used to commit or to facilitate the commission of an indictable offence, is guilty of an offence carrying a maximum of 3 years imprisonment.

Medicare Fraud

It is illegal to obtain, or attempt to obtain, reimbursement from a Medicare program under false pretences, knowing or believing that you are not eligible to obtain such a benefit.

Examples of Medicare Fraud

• Making Medicare claims for services that were not provided
• Using someone else’s Medicare card
• Using an invalid concession card
• Forging prescriptions for PBS medicines
• Making PBS claims for medicines that were not provided
• Swapping PBS prescription medicines for other pharmacy items or goods
• Taking or sending PBS medicine overseas that is not for your personal use or the personal use of someone travelling with you.

Tax Fraud

Under the Commonwealth Criminal Code 1995 there is a range of different offences that a person who commits tax fraud can be convicted of. Broadly, the charge may be laid where the accused has obtained a financial advantage from a Commonwealth Entity (which includes the Australian Tax Office or the Commonwealth generally) where that advantage is obtained by deception.


Possible Penalties

The maximum penalty for the most common Tax Fraud offence, ‘Obtain a Financial Advantage by Deception’, is imprisonment for up to 10 years.

An example of a further offence is ‘Conspiracy to Defraud’. A person commits this offence if the person:
• Conspires with another person;
• Does so with the intention of dishonestly obtaining a gain for a third person; and
• The third person is a Commonwealth Entity.
• The penalty for this offence is also imprisonment for up to 10 years.

There is also a range of other comparatively less serious offences that might be committed in the process of completing one’s tax affairs, which carry significantly lesser penalties.

Legal Defences

There are many nuanced defences available to the charge of Tax Fraud, the most simple of which include:
• You made an honest and reasonable mistake of fact in dealing with your tax affairs
• Your motive was not to deceive.

How can Daoud Legal: Sydney Criminal Defence & Traffic Lawyers help?

Our criminal defence lawyers will carefully consider your fraud case, advise you on all your legal options, and recommend the best way forward.

Call us now on1300 885 646 or text 0420 998 650 24hrs to book a free consultation with one of our lawyers.

Fraud Lawyers Sydney NSW | Experienced Criminal Defence for Fraud Charges

At Daoud Legal : Sydney Criminal Defence & Traffic Lawyers, we understand the profound impact that fraud-related charges can have on your life. Whether you're facing allegations of Centrelink fraud, money laundering, or any other type of fraudulent activity, we are here to provide you with the experienced legal representation you need to navigate the complexities of the criminal justice system. Our team of highly respected fraud lawyers in Sydney is committed to protecting your rights and achieving the best possible outcome in your case.

Who We Are

Daoud Legal : Sydney Criminal Defence & Traffic Lawyers is a leading provider of criminal defence and fraud legal services in Sydney, NSW. With decades of combined experience, our team of fraud lawyers has successfully represented clients facing a wide range of fraud-related offences, including :

  • Centrelink fraud
  • Money laundering
  • Forgery and falsification of documents
  • Deception and dishonest conduct
  • Bribery and corruption
  • Misuse of another's identification or personal information

We understand that being charged with a fraud offence can be a deeply stressful and overwhelming experience. That's why we approach each case with empathy, professionalism, and a deep commitment to protecting our clients' rights and interests.

Our Approach

At Daoud Legal : Sydney Criminal Defence & Traffic Lawyers, we believe that every client deserves personalised attention and a tailored legal strategy. When you work with our fraud lawyers, you can expect

Thorough Case Assessment

We will carefully review the details of your case, gathering all relevant information and evidence to develop a comprehensive understanding of your situation.

Customised Legal Strategy

Based on our assessment, we will devise a strategic legal approach that is specifically designed to address the unique challenges and circumstances of your case.

Aggressive Defence

Our fraud and criminal lawyers will tirelessly advocate for your rights, whether that means negotiating with prosecutors, challenging evidence, or vigorously defending you in local court.

Ongoing Support and Guidance

We understand that the legal process can be complex and confusing. That's why we will be by your side every step of the way, providing you with the information, advice, and support you need to make informed decisions.

Our Fraud Lawyer Sydney NSW Services

At Daoud Legal : Sydney Criminal Defence & Traffic Lawyers, our fraud lawyers have extensive experience handling a wide range of fraud charges in NSW, including

Centrelink Fraud

If you've been accused of Centrelink fraud, such as failing to report changes in your income or providing false information, our team of experienced fraud lawyers can help. We will work tirelessly to protect your rights, challenge the allegations, and minimise the potential consequences you may face.

Money Laundering and Financial Fraud

Money laundering is a serious criminal offence that can carry severe penalties, including hefty fines and even imprisonment. Our fraud lawyers have a deep understanding of the complex laws and regulations surrounding money laundering, and we will use our expertise to build a strong defence on your behalf.

Deception and Dishonesty

Fraud-related offences often involve allegations of deception or dishonest conduct. Whether you're facing charges related to fraud, misrepresentation, or other forms of dishonest behaviour, our fraud lawyers will work tirelessly to build a compelling defence and protect your interests.

Bribery and Corruption

Bribery and corruption are serious criminal offences that can have far-reaching implications. If you've been accused of offering or accepting bribes, or engaging in other forms of corrupt behaviour, our fraud lawyers can provide you with the legal representation you need to navigate the complex legal landscape and protect your rights.

Forgery and Falsification of Documents

Charges related to the forgery or falsification of documents, such as bank statements, invoices, or identification documents, can have severe legal consequences. Our fraud lawyers have a proven track record of successfully defending clients against these types of charges, and we will work to ensure that your rights are protected.

Misuse of Another's Identification or Personal Information

The misuse of another person's identification or personal information, such as using someone else's credit card or bank account, can lead to fraud-related charges. Our fraud lawyers have a deep understanding of the legal complexities surrounding these types of offences and will work to build a strong defence on your behalf.

Why Choose Daoud Legal : Sydney Criminal Defence & Traffic Lawyers ?

At Daoud Legal : Sydney Criminal Defence & Traffic Lawyers, we are committed to providing our clients with the highest level of legal representation and support. Here's what sets us apart

Proven Track Record of Success

Our team of fraud lawyers has a long history of successfully defending clients against a wide range of fraud-related charges. We have a reputation for achieving the best possible outcomes for our clients, whether that means negotiating a favourable plea bargain against the sentence or securing a dismissal of the charges.

Personalised Attention and Support

We understand that being charged with a fraud offence can be a deeply personal and overwhelming experience. That's why we take the time to get to know each of our clients, listen to their concerns, and develop a customised legal strategy that addresses their unique needs and circumstances.

Experienced and Respected Professionals

Our fraud lawyers are highly respected within the legal community and have a deep understanding of the criminal justice system. We have a proven track record of working collaboratively with prosecutors, judges, and other legal professionals to achieve the best possible outcomes for our clients.

Commitment to Client Satisfaction

At Daoud Legal, we are committed to providing our clients with the highest level of service and support. We understand that the legal process can be complex and confusing, which is why we work tirelessly to ensure that our clients are informed, empowered, and confident throughout the entire legal process.

Get in Touch with Daoud Legal Today

If you or a loved one has been charged with a fraud-related offence, don't hesitate to reach out to the experienced fraud lawyers at Daoud Legal. We offer a free initial consultation to discuss the details of your case and provide you with the information and guidance you need to make informed decisions about your legal options.

Don't let a fraud charge jeopardise your future. Contact us today at 1300 885 646 or text 0420 998 650 24hrs to schedule your free consultation and take the first step towards protecting your rights and securing the best possible outcome in your case.

FAQS

What services do fraud lawyers Sydney NSW provide ?

Fraud lawyers in Sydney, NSW specialise in providing legal representation for individuals facing fraud charges or allegations. They offer expert criminal defence services tailored to cases involving financial fraud, deception, and other related offences.

How can a fraud lawyer help if I've been charged with fraud in NSW ?

A fraud lawyer can provide a strong defence strategy to protect your rights and advocate on your behalf in court. They will work to challenge the evidence presented against you and aim to secure the best possible outcome for your case.

What are the potential consequences of a fraud offence in Australia ?

Being convicted of a fraud offence can lead to serious penalties, including imprisonment and substantial fines. It is crucial to seek the assistance of experienced criminal defence lawyers to mitigate the consequences.

How do I choose the right fraud defence lawyer in Sydney ?

When selecting a fraud defence lawyer in Sydney, consider their expertise in criminal law, track record of handling fraud cases, and commitment to providing personalised legal advice.

What is the process for obtaining a financial advantage charges ?

Charges related to obtaining a financial advantage typically involve allegations of deceit or dishonesty for financial gain. Our experienced fraud lawyer can help you navigate through the complexities of such charges and build a robust defence strategy.

How can I schedule a consultation with fraud lawyers in Sydney?

To schedule a free consultation with our fraud lawyers in Sydney, Call us now on 1300 885 646 or text 0420 998 650 24hrs.

1000+

Drug Charges Successfully Defended / Dropped

1000+

Drunk Driving Charges Successfully Defended /Dropped

500+

Successful Diversions from Prison for Mental Health Reasons

Expertise

1

Criminal Law

Our most important job is to protect your rights and provide expert legal advice. We will guide you through the entire court process.
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2

Traffic Law

We will diligently gather the necessary documentation, provide you with professional legal advice, and fearlessly represent you in court.
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3

Drug Offences

Drug Offences are among the most serious offences in the eyes of the Criminal Law Courts. However, the penalties associated with Drug.
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4

Assault Offences

Our most important job is to protect your rights and provide expert legal advice. We will guide you through the entire court process.
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5

Fraud Offences

As Fraud is often considered a pre-meditated or manipulative crime, it is looked upon very seriously by the court system.
Read More
6

Firearm Offences

There are strict rules in place governing the lawful possession of a firearm in Australia. Firstly, every person who possesses a firearm must be.
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