Fraud Lawyers Sydney & Parramatta

If you’re under investigation or have been charged with fraud, it’s crucial to seek expert legal advice immediately.

At Astor Legal, we provide top-quality legal advice every step of the way, understanding that the outcome of your case has consequences for your reputation, livelihood and freedom.

Fraud Lawyers: Representing You for the Best Outcome

Our team of expert fraud lawyers specialise in defending against fraud offences and have an unparalleled record helping our clients avoid criminal convictions and jail.

Some of our recent fraud case outcomes include:

• Obtaining a ‘not guilty’ verdict at trial for fraud charges totalling in excess of $3 million
• No jail for a $1 million fraud scheme in the construction industry
• No jail for a $600,000 bank fraud by a bank employee

You can also view a more detailed list of our recent results for fraud offences.

Contact us online or call us on (02) 7804 2823 to speak to our friendly team who are available 24/7.

Fraud Offences

The most commonly prosecuted fraud offence is contained within s192E of the Crimes Act 1900 (NSW) and involves either obtaining property or financial advantage from someone else or causing a financial disadvantage to someone else. The Police also need to prove that these actions were done either dishonestly or by deception.

Fraud offences can be very complex as most of the evidence is usually made up of lengthy financial records and statements. Below are the most common types of fraud:

• Centrelink Fraud: Where persons who receive welfare payments from Centrelink receive more funds than they are entitled to through deceit.
• Embezzlement: A financial fraud where a person in a position of trust and with lawful access to assets or funds of their employer, misappropriates the funds or assets.
• Forgery: The fraudulent duplication or copying of documents, signatures or banknotes for use in the commission of a criminal offence.
• Goods in Custody: Possessing goods reasonably suspected of being stolen or unlawfully obtained, without a satisfactory explanation.
• Intention to Deceive by Using False or Misleading Statements: Deliberately providing false or misleading information with the intent to gain a benefit or cause a loss.
• Intention to Defraud by Destroying Accounts: Knowingly destroying, concealing, or falsifying financial records to dishonestly benefit oneself or another.
• Intention to Defraud by False or Misleading Statements: Making deceptive statements with the purpose of dishonestly gaining property, services, or a financial advantage.
• Larceny by Servant or Clerk: The fraudulent taking and carrying away of property from a person’s employer with the intent to permanently deprive the owner of the property.
• Money Laundering: Using money reasonably suspected of being the proceeds of crime appear to come from a legitimate source. It is generally used with organised crime to hide funds obtained from illegal activities.
• Dishonestly Obtain Financial Advantage or Property by Deception: The most common fraud offence and is contained in section 192E of the Crimes Act 1900 (NSW) as well as division 134.2 of the Criminal Code Act 1995 (Cth).
• Perjury: Knowingly giving false evidence or testimony in court

If you are under investigation or have been arrested or charged with fraud you should contact us for expert advice immediately.

How to Defend Fraud Cases

You cannot be found guilty of fraud unless the police can prove, beyond reasonable doubt, that:

• You acted intentionally or recklessly
• You dishonestly deceived someone (meaning your actions would be considered dishonest by ordinary people, and you knew they were dishonest by those standards)
• You either:

• Obtained property that belonged to someone else, or
• Gained a financial advantage or caused someone a financial loss; and
• You intended to permanently deprive the rightful owner of the property.

Common Defences to Fraud

Below are the most commonly used defences to fraud offences argued in court:

• Duress: The defendant was coerced or forced into committing the fraudulent activity.
• Lack of intent to deceive: If the accused did not intend to act dishonestly or believed their actions were lawful, this can be a strong defence.
• Mistake of fact: If the accused honestly and reasonably believed in a set of facts that, if true, would make their conduct innocent.
• Lack of evidence: The prosecution bears the burden of proof –  if they can’t prove dishonesty or intent beyond a reasonable doubt, the charge should be dismissed.
• Consent: In some cases, if the property owner consented to the transfer or use of property, this may negate the charge.
• Mental impairment: If the accused suffers from a mental illness or cognitive impairment, it may affect their capacity to understand the nature or wrongfulness of their actions.
• Identity Issues: If the prosecution cannot prove beyond a reasonable doubt that the accused was the person who committed the fraud (e.g., identity theft or mistaken identity).

Penalties for Fraud in NSW

The NSW courts take fraud offences extremely seriously. Here are the maximum penalties for some of the most common fraud offences:

General fraud

• Destroying or hiding financial records to commit fraud: carries a maximum penalty of 5 years in prison.
• Making false or misleading statements with intent to defraud: punishable by up to 5 years imprisonment.
• An officer of a company deceiving members or creditors with false or misleading statements: can result in up to 7 years imprisonment.

Forgery

• Creating a false document: carries a maximum penalty of 10 years imprisonment.
  Using a false document: punishable by up to 10 years in prison.
• Possessing a false document: up to 10 years imprisonment.
• Making or possessing tools or equipment to produce forged documents: also carries a maximum penalty of 10 years imprisonment.

Identity Fraud

• Using someone’s identification details to commit or help commit a serious crime: maximum penalty of 10 years imprisonment.
• Possessing identification information intending to commit or assist a serious crime: punishable by up to 7 years in prison.
• Having tools or equipment to create fake ID documents with criminal intent: up to 3 years imprisonment.

Choose Astor Legal: Specialist Criminal Lawyers

If you’re facing fraud charges, choose Astor Legal, led by a Law Society accredited specialist in criminal law. Our expert fraud lawyers have a proven track record of helping our clients avoid criminal convictions and jail.

We know the law, the cases, and the defences to fraud charges. Your first consultation is free and we offer fixed fees for most of our services.

When your reputation, freedom, and future are on the line, don’t take chances—put Astor Legal in your corner.

Frequently Asked Questions

Will I go to jail for fraud?

The sentencing statistics for fraud show that approximately 24% of persons found guilty of fraud offences received a sentence of full time imprisonment. If a fraudulent or deceptive offence causes a person or a company a loss of $100,000 or more, there is a strong likelihood that a jail sentence will be imposed, however we have helped clients avoid this due to our excellent legal representation. .

What is the difference between criminal and civil fraud in NSW?

In NSW, criminal fraud involves the state prosecuting someone for dishonest conduct intended to gain a benefit or cause loss, and is punishable by penalties like imprisonment. In contrast, civil fraud is brought by a private party seeking compensation for losses caused by deceit, and is decided on a lower standard of proof. The key difference lies in the purpose: criminal fraud punishes, while civil fraud compensates.

What is Centrelink fraud?

Centrelink fraud is where someone makes dishonest claims in order to get access to centrelink payments/services.