Under Investigation or Charged With Fraud? Get Advice Before You Respond
You do not need to wait until your first court date to start protecting your position.
Our Brisbane fraud lawyers assist clients at every stage of a fraud matter.
If You Are Under Investigation
If police, an employer, a government agency or another investigator has contacted you about suspected fraud, getting advice before responding can help prevent avoidable mistakes.
We can:
- Assess what you are being investigated for
- Advise you before a police interview or formal response
- Review requests, allegations and information already provided to you
- Help you understand what information you are required to provide
- Consider what evidence investigators may already have
- Advise on the risks of different courses of action
- Begin identifying evidence that may support your position
Early fraud legal advice allows you to make informed decisions before charges are laid or further evidence is provided.
If You Have Already Been Charged
A charge does not mean the prosecution has proved its case.
We can obtain and review the prosecution material, identify what must be proved, examine the evidence supporting each allegation and advise whether your matter should be challenged, negotiated or resolved by a plea.
From there, we can build the strategy around the outcome you are seeking and the evidence actually available.
Can you go to jail for fraud?
Under section 408C of the Criminal Code Act 1899, a fraud offence generally carries a maximum term of imprisonment of 5 years. This may increase to 12 years imprisonment in certain cases where:
- A corporation is defrauded by a director or member of its governing body;
- An employer is defrauded by their employee;
- A person commits fraud using property they obtained subject to a trust, direction or condition that it be applied to a particular purpose or be paid to a specified person, or;
- The benefit or detriment resulting from the fraud amounts to $30,000 or more.
If the fraud involves $30,000 or more, either in cash or other forms of value (such as a car) and a defendant contests the matter then it must be committed to the District Court for trial and any value can technically remain in the Magistrates Court for sentence.
However, if the fraud is significant (i.e., beyond $70,000) then the Court may require that the matter be dealt with in the District Court even if the defendant pleads guilty in accordance with section 552D of the Criminal Code Act 1899 because the Magistrates Court has a limited jurisdiction.
How Our Fraud Defence Lawyers Can Help
Fraud cases can depend on large volumes of financial records, communications and transactions. The value of your lawyer is not simply appearing beside you in court. It is understanding what the evidence actually proves before important decisions are made.
Our fraud defence lawyers can help by:
Reviewing the Evidence Against You
We can examine bank records, emails, messages, invoices, transaction histories, witness statements, business records, interview material and other evidence relied on by the prosecution.
The goal is to separate what can actually be proved from assumptions being made about your conduct.
Identifying Weaknesses in the Allegation
Fraud cases often depend heavily on context.
A transaction may be undisputed while the reason behind it, authority to make it or knowledge at the time remains contested.
We can identify gaps, inconsistencies and competing explanations that may affect whether the prosecution can prove the charge.
Advising You on Whether to Contest the Charge
Once we understand the evidence, we can explain the strengths and risks of the available options.
If there is a proper basis to defend the charge, we can prepare your case accordingly. If another resolution is more appropriate, we can advise you on negotiations or a plea.
Negotiating With the Prosecution
Where the evidence supports it, we can make representations about the charge, prosecution facts or how the matter should proceed.
This may include seeking withdrawal or amendment of allegations, resolving disputed facts or narrowing the case before it reaches a defended hearing or trial.
Preparing and Running Your Defence
If the matter is contested, we can prepare the defence strategy, examine the prosecution evidence, identify relevant defence material and represent you throughout the court process.
Where expert evidence or specialist assistance is required, we can also work with appropriate professionals as part of the defence.
What Does the Prosecution Need to Prove for Fraud?
Fraud is dealt with under section 408C of the Criminal Code 1899 (Qld).
The legislation covers several forms of dishonest conduct, including circumstances involving property, obtaining a benefit or advantage, or causing another person a detriment.
For someone facing a charge, the more useful question is not simply “what is fraud?”
It is:
Can the prosecution prove that what I did amounted to fraud?
A disputed payment, financial loss or failed business transaction does not automatically establish fraud. The prosecution must prove the conduct alleged and that it was dishonest.
Depending on the case, important questions can include:
- What did you know at the time?
- What did you believe you were entitled to do?
- Did you have authority or consent?
- What was the purpose of the transaction?
- What do the surrounding communications show?
- Can the alleged benefit or detriment be proved?
- Does the documentary evidence support the prosecution's interpretation?
These are the types of issues our criminal lawyers examine when assessing whether a fraud charge can be challenged.
Our Defence Audit for Fraud Allegations
Fraud allegations should be tested against the evidence, not accepted at face value.
Rana Lawyers uses a Defence Audit to assess serious criminal matters and identify the issues that could affect how the case should be approached.
For a fraud case, this may include reviewing:
- Bank statements and transaction records
- Accounting and business records
- Emails, text messages and other communications
- Contracts, invoices and payment records
- Police interviews and recorded statements
- Witness evidence
- Access to accounts, systems or property
- The alleged financial benefit or loss
- What you knew or believed at the relevant time
- Evidence supporting an innocent or alternative explanation
- Inconsistencies between the allegation and documentary evidence
- Potential negotiation or defence opportunities
Fraud allegations can involve hundreds or thousands of individual records. A document that appears damaging in isolation may take on a different meaning when placed alongside the surrounding transactions, communications and circumstances.
How Can a Fraud Charge Be Defended?
There is no single defence strategy that applies to every fraud case.
The right approach depends on what the prosecution alleges and what the evidence shows.
Our investigation may consider questions such as:
Was the Conduct Actually Dishonest?
The prosecution needs to establish dishonesty. In some cases, the conduct itself may be agreed but there is a genuine dispute about what the accused knew, believed or intended when it occurred.
Did You Believe You Were Entitled to the Property or Benefit?
A person’s genuine understanding of their authority, ownership or entitlement may be important to whether the alleged conduct was dishonest.
This can be particularly relevant where a matter arises from a business, employment, family or commercial relationship.
Was There Consent or Authority?
Some allegations involve money, property or accounts the accused was legitimately authorised to access.
The scope of that authority and what the parties understood may become an important part of the case.
Has a Commercial Dispute Been Characterised as Fraud?
Not every failed agreement, disputed payment or business loss is criminal fraud.
Where an allegation arises from a commercial relationship, we can examine whether the evidence genuinely supports criminal conduct or whether there is another explanation for what occurred.
Can the Prosecution Prove Your Knowledge or Intention?
Financial records can show that a transaction occurred. They do not necessarily establish what someone knew or believed when it happened.
Emails, messages, agreements, instructions and surrounding conduct may all become important when assessing the prosecution case.
Is the Alleged Loss or Benefit Accurate?
In larger fraud cases, there can be disputes over the number of transactions involved, who benefited and how the alleged financial amount has been calculated.
We can review the prosecution’s figures and the material relied on to support them.
If the evidence does not support the allegation as charged, that can inform negotiations with the prosecution or the way the matter is defended in court.
Fraud Matters We Defend
Rana Lawyers represents clients facing a broad range of fraud allegations in Brisbane and throughout Queensland.
Our team can assist with matters involving:
- Employee fraud – allegations involving employer money, property, expenses or accounts
- Business and company fraud – allegations involving company funds, directors, officers or business transactions
- False invoices and payment allegations – including allegations involving invoices, suppliers or redirected payments
- Online and electronic fraud – allegations involving digital transactions, online accounts or electronic communications
- Credit card and payment fraud – allegations involving unauthorised payments or financial information
- Government benefit fraud – including allegations involving benefits or payments from government agencies
- Property or money allegedly held on behalf of another person
- Identity-related fraud allegations
- High-value and ongoing fraud allegations
- Multiple fraud charges arising from a series of transactions
Fraud cases can also involve connected offences or investigations. Where this occurs, our criminal defence team can assess the matter as a whole rather than treating each allegation in isolation.
For Fraud Lawyers in Brisbane, Trust Rana Lawyers
If you are being investigated or have already been charged with fraud, get advice before making decisions that could affect your defence.
Our fraud lawyers in Brisbane can review the allegation, assess the evidence and explain the options available based on your circumstances.
Whether you need advice before speaking to investigators, want to challenge a charge or need representation for an upcoming court matter, Rana Lawyers can help you determine the next step.
Call (07) 2113 4440 or contact us online to book your free 30-minute consultation.
Rana Lawyers Client Steps
Explain your case and we’ll determine if we need to have a conference or simply answer any questions you may be concerned about.
Book in for an initial conference with one of our experienced criminal lawyers and we’ll progress from there.
