What is a fraud offence?
Fraud is a common crime that affects many people in our community throughout the Central Coast and Newcastle area.
Some common fraud offences include; obtaining financial advantage by deception, accounting fraud, forgery, credit card fraud, insurance fraud, property fraud, Workcover fraud, Medicare Fraud and Centrelink Fraud.
The law considers Fraud to be a “dishonesty offence” and is viewed very seriously by the Courts. It is an intentionally dishonest act or omission done with the purpose of deceiving another party.
I’ve been charged with fraud. What can I do?
Being charged with a fraud offence can have a devastating impact on your life and future. It may affect your ability to work and to obtain credit, loans and other financial assistance.
If you have been accused of committing fraud or charged with committing a fraud offence you need to ascertain the strength of the evidence or case against you before you do anything.
To establish a crime or fraud has occurred, the prosecution must prove that the conduct was deceptive, that property or financial advantage was gained and that the act to obtain the property or financial advantage was dishonest.
Due to the serious nature of these charges and the complexities involved, an assessment by an experienced investigative criminal lawyer is essential.
Exercise your right to silence
If the Police invite you to participate in a record of interview to talk about a suspected fraud matter, you should seek legal advice immediately.
It is not generally in your interest to participate in a Police record of interview. Fraud is a difficult offence to prove, and often a Police brief can lack an essential piece of evidence.
You are only required by law to give your name, address and telephone number. Anything else you say to the Police can later be used in Court and may not be in your best interest.
Please read our page on “the right to silence” for further information.
Factors considered in sentencing
Factors the Court will consider when sentencing a fraud offence include:
- The amount of money involved
- The length of time involved
- The motive for committing the offence
- The degree of planning or sophistication
- An accompanying breach of trust
- The impact on the victim
- Remorse and repayment of the money
We are here to help
Fourtree Lawyers have extensive experience representing clients who find themselves the victims of fraud and those under investigation or facing criminal charges for fraud.
Effective fraud investigations require skill, precision and experience. Most cases are complex and require strategic liaison with third-party service providers, Police and other regulatory bodies.
Principal solicitor Kevin Vierboom has managed a number of complex fraud investigations under the Crimes Act including corrupt payments and secret commissions.
Contact our Central Coast Lawyers on 1300 529 444 as soon as possible. The earlier we can start building the strongest case possible, the higher your chance of getting a favourable outcome.
Some possible defences to the charge of Fraud include:
- Necessity - urgent circumstances that caused you to offend
- Forced to offend through threats or coercion (duress)
- Where you were suffering a mental illness (mental health)
- Lack of intent to defraud (honest mistake)
- Events leading up to or causing the incident (mitigating factors)
- Legal technicalities
Penalties for Fraud offences may include:
- Section 10 (1)(a)
- Section 10 (1)(c)
- Conditional Release Order - without conviction
- Section 10A
- Conditional Release order - with conviction
- Community Correction Order
- Intensive Correction Order
- Imprisonment of up to 2 years in the Local Court
- Imprisonment of up to 10 years in the District Court
- Affray & Public Violence
- APVO | ADVO
- Assault Offences
- Bail Applications
- Break & Enter
- Centrelink Fraud
- Contravene | Breach AVO
- COVID-19 Penalty Notices
- Criminal Appeals
- Destroy Damage Property
- Drug Offences
- Firearms & Weapons
- Fraud Offences
- Larceny & Stealing
- Legal Aid NSW
- Murder & Manslaughter
- Offensive Behaviour
- Police Pursuit (Skye’s Law)
- Resist | Assault Police
- Section 10 Dismissal
- Section 14 Mental Health
- Sexual Assault
- Stalk | Intimidate
Kevin and Jane are without a doubt 100% there to support you through Your whole ordeal reassuring you all the way My experience from finding Fourtree Lawyers on Google in a fairly unsure position, reading the reviews to the successful outcomes was the only referral I had, believe me when I say you will be happy with their experience in all fields of law which is insurmountable and they will obtain the best favourable outcome in any circumstance. Fourtree Lawyers are there for you to bring things back into perspective...
“Kevin and Jane were my “knights in shining armour.” I can’t thank these two people enough. They gave their everything and most important believed me when I told them my story. I am forever grateful for their professional attitude and for giving 100% to free me from my nightmare. I was able to plead guilty but also most importantly was not forced to lie and compromise my integrity and own personal values and standards. I was very happy with the outcome and the way I was treated. They communicated constantly...
Had the most amazing experience with Fourtree Lawyers kevin vierboom who represented my partner was helpful and understanding and we got a great result better then expected ? jane hogan, I was so blessed to have her by my side. They are an amazing team and i would recommend them to everyone also great value for money. Especially considering i only called the morning of the court case and they were all over it at my bek and call thankyou so much guys im so appreciative for all your help today
I was lucky enough to have Kevin take my case and am truly grateful for the services he and his team provided. From the outset, I was made to feel comfortable and knew from the first time meeting with them that they would go above and beyond to get the best possible outcome and that is exactly what they did. Fourtree Lawyers provides exceptional service with outstanding results and I would recommend Kevin to anyone and everyone who is in need of these services.
Breach of CCO, Larceny, Financial advantage by deception | 22 month ICO | Newcastle Local Court
Our client is a 24-year-old female with a history of fraud and deception matters. She has a history of gambling and drug addiction.
Our client had previously been sentenced to a CCO for 31 separate fraud and dishonesty charges.
After entering rehabilitation our client contacted Police and admitted that she had further falsified documents to obtain two personal loans and a credit card. In notifying Police our client breached the previous Community Corrections Order.
Our client was charged with Deal with identity information to commit indictable offence T1 x 3, Obtain property by deception T1 x 2, Obtain financial advantage by deception T1. These charges carry a max. penalty of 2 years imprisonment and/or an $11,000.00 fine. The CCO for was also called up for re-sentencing.
Solicitor Kevin Vierboom pleaded for leniency submitting that our client had been offence free for some time, had shown remorse and had taken steps to turn her life around including entering rehabilitation and enrolling in a University degree. After extensive submissions, an assessment for an Intensive Corrections Order was granted and the matter adjourned for sentencing.
On the breach of CCO there was no action taken, on 13 other charges our client was sentenced to a 22 month ICO and the re-payment of $20,735.58. She was elated to avoid jail and to be allowed a chance to start her life afresh.
Severity Appeal | ICO | Newcastle District Court
Our client is a 41-year old male residing on the Central Coast. He runs his own business and is a board member for a volunteer Community Emergency Foodservice. Earlier this year, our client was convicted for dishonestly obtaining a financial advantage by deception.
He was sentenced to 18 months imprisonment with a non-parole period of 12 months. This offence carries in the Local Court a maximum penalty of 2 years imprisonment and/or 100 penalty units.
Our Solicitor Joseph Gilbert, along with Senior Council Mr Philip Massey, attended court on behalf of the client. Mr Massey submitted that due to our client's prior good character and the difficulty the volunteer service would face without leadership during the current Coronavirus, the term of imprisonment is best served by way of an Intensive Correction Order (ICO).
Her Honour Justice Triall saw fit to agree with Mr Massey and order that our client serves his imprisonment through an ICO for 18 months. Our Client was extremely relieved at the outcome.
2 Year ICO – Dishonestly Obtain Financial Advantage by Deception =< 200K – Downing Centre Local Court, Sydney – 21/02/2018
Our client, a 28-year-old male who lives in Sydney with his family, was charged with Dishonestly Obtain Financial Advantage by Deception for an amount over 200K.
The offence carries a maximum penalty of ten years imprisonment. Our client supported his extended family financially and was the primary financial provider for the household.
Solicitor Kevin Vierboom made extensive submissions to the Magistrate in the Downing Centre, who imposed an Intensive Corrections Order for a period of 2 years. Our client was very relieved at the outcome of his case.
Having never dealt with a serious legal matter before, Fourtree Lawyers walked me through every step of the way. Their professionalism, compassion and reassurance was essential in getting the best possible outcome for my matter. It is without a doubt and beyond contestation that I would recommend them to anyone dealing with legal matters. Thank you!