Fraud Lawyers Sydney
Fraud is characterised as the deliberate criminal deception or dishonesty in order to obtain an unfair advantage. There are various activities and offences that are considered fraudulent in NSW. From general dishonesty, larceny, embezzlement or federal fraud against the Australian Taxation Office or Centrelink, each criminal charge results in significant penalties if found guilty. In fact, Crimes Statistics Australia revealed that from 2015-2016, 24% of individual found guilty of deceptive or fraudulent offences received a full time custodial order such as imprisonment in gaol, while 76% of offenders received a monetary fine or other non-custodial punishments.
As an award winning criminal defence law firm with an impressive 90% success rate on the cases we have represented, Benjamin Leonardo – The Defenders are some of Sydney’s best criminal defence lawyers. With 29 years of combined experience, our team possesses extensive knowledge in relation to fraud charges in NSW. If you, or someone you know is allegedly been involved in a fraudulent offence and been charged accordingly, it is advised to seek legal representation immediately.
Charges in relation to fraud are perceived as very serious crimes in NSW. There are numerous actions that may be considered fraudulent, all of which have varying degrees of maximum penalties.
Larceny is characterised as the fraudulent taking and carrying away of property with the intent to permanently deprive the owner of the property and is a criminal offence under section 117 of the Crimes Act 1900 (NSW).
Obtaining a Financial Advantage
Obtaining a financial advantage is considered as a serious offence in NSW and Australia. Considered as a fraudulent activity, obtaining a financial advantage is found under section 192E of the Crimes Act 1900 (NSW) and can also be found in division 134.2 in the Criminal Code Act 1995 which constitutes federal legislation.
Embezzlement is characterised as a financial fraud in which the defendant who is entrusted and has lawful access to assets or funds of their employer, thieves or misappropriates these funds or assets.
False accusations are characterised as untruthful and dishonest claims that may be used to implicate other individuals for a crime they didn’t perpetrate for various reasons. The act of false accusations is fraudulent and is considered as a criminal offence under section 314 of the Crimes Act 1900 (NSW).
Money laundering is the practice which involves making money from one source appear to come from another source, on purpose. This activity is illegal because in most cases, it is carried out to hide cash obtained from illegal activities.
According to Attorney-General’s Department, it is estimated that identity related crimes costs Australia over $1.6 billion annually. Of this amount, $900 is lost through crimes such as credit card fraud, identity theft and other scams that fraudulently obtain identification information.
Tax fraud is characterised as the exploitation of the Australian tax system for an individual’s own financial benefit. Common tax crimes include failing to report income, making false claims or concealing assets in offshore accounts in order to obtain tax refunds and benefits that an individual is not entitled to.
According to the Australian Institute of Criminology (AIC), there were 3,228 fraud convictions recorded in 2008-2009 against those on welfare payments from Centrelink. Of these convictions, over $47 million was associated with the prosecution.