Intention to Deceive by Using False or Misleading Statements

Best Intention to Deceive by Using False or Misleading Statements Lawyers

Intention to deceive members or creditors of an organisation by false or misleading statements as an officer or manager of the organisation is a charge which deals with situations where persons with a position of responsibility with a company attempt to deceive investors or creditors. We have significant experience in this area. See our recent results for fraud.

Fraud is a very complex area of law. This is especially the case when it comes to fraud involving companies. Our specialist fraud lawyers are well-versed in corporations’ law and have defended numerous clients from criminal charges stemming from ASIC investigations.

Contact us now to receive immediate advice from our accredited specialist in criminal law.

WHAT SHOULD I DO?

• PLEADING NOT GUILTY

  What is Intention to Deceive?

  Section 192B of the Crimes Act 1900 (NSW) sets out that if you made false or misleading statements as an officer or manager of a corporation with the intent to deceive members or creditors, then you may be guilty of an offence.

  This is a ‘white-collar crime’ which is most often seen in publicly listed companies.

   

  How Do You Beat an ‘Intention to Deceive’ Charge?

  You can fight an intention to deceive charge in two ways. Firstly, the prosecution must prove beyond reasonable doubt:

  1. You were an officer or manager of an organisation;
  2. You made a statement;
  3. That statement was false or misleading;
  4. You intended to deceive members or creditors; and
  5. You knew or were reckless as to the statement being false or misleading.

   

  If any of these elements are not made out, then you can be found ‘not guilty’.

  Secondly, you can rely on one of the defences.

   

  What are the Defences to Intent to Deceive?

  You will be Not Guilty to this charge if one of the following defences to intent to deceive by using false or misleading statements applies:

  1. You did not intend to deceive members or creditors of the organisation;
  2. The statement could not affect members’ or creditors to act upon it;
  3. Honest and reasonable mistake:You genuinely believed the statement to be true and it was reasonable for you to think this.
  4. Duress: You were forced to make the statement
  5. Necessity: Making the statement was necessary in the circumstances.

  Our specialist white collar crime lawyers have years of experience in breaking down prosecution cases to have our clients found ‘not guilty’. In fact, it is not unusual for us to negotiate with ASIC to have charges withdrawn.

  Contact us now to discuss how we can assist you.

• PLEADING GUILTY

  Our guide on pleading guilty to Fraud offences will provide you some assistance in preparing for sentencing. Please note that this guide is a non-exhaustive list and not specifically tailored to your case.

  Contact us now so that our accredited specialist in criminal law can provide you advice tailored to your case and represent you in Court.

   

  What is the Maximum Penalty for Intent to Deceive?

  The maximum penalty for ‘Intention to deceive’ is 7 years imprisonment if it is heard in the District Court.

  If heard in the Local Court, the maximum penalty is 2 years imprisonment.

   

  What are the Possible Sentences for Intent to Deceive?

  Below are sentencing options for a charge of intent to deceive by false or misleading statement:

  1. Section 10 dismissal
  2. Conditional Release Order without Conviction (previously known as Section 10 good behaviour bond)
  3. Fine
  4. Conditional Release Order with Conviction (previously known as Section 9 good behaviour bond)
  5. Community Corrections Order (previously known as Community Service Order)
  6. Intensive Corrections Order
  7. Full Time Imprisonment

  Will You Go to Jail for Intent to Deceive?

  Sentencing statistics for intention to deceive by using false or misleading statements show that while no one has been sentenced to imprisonment for this offence, there has also been no cases where an offender has avoided a conviction.

  In light of this, you should consult Australia’s best white-collar fraud lawyers who can provide immediate advice and superior representation in Court.