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Have you been accused of fraud in Melbourne? The dedicated fraud defence lawyers at MK Law have the expertise to challenge fraud charges and achieve the best possible outcome for your case. For experienced, ethical guidance regarding your alleged fraud crime, contact our Melbourne firm.
Fraud is a general word used to categorise civil andΒ criminal offencesΒ involving any species of deception. Fraud is a criminal offence under Victorian law and can result in significant penalties if proven.
The most common example is under Section 82 of the Crimes Act 1958 (Vic), known as gaining aΒ financial advantage by deception. Fraud offences include but are not limited to tax offences, corporate offences under the Corporations Act Cth (2001), perjury, making false statements, insider trading or essentially, wherever some advantage has been acquired through deception. Specific examples of fraudulent conduct include using a false document, such as fake identification or forged bank statements, to obtain property or a financial advantage.
With over 15 years defending Victorians against fraud accusations, MK Law brings a deep understanding of our laws and current sentencing practices. Our fraud offence lawyers stay up to date on emerging case law precedents, which we can rely on for your defence. We have a proven track record in successfully defending fraud cases. We know how prosecutors build their cases and the flaws to probe for.
Our team includes lawyers who have previously worked within the prosecution system. This inside perspective strengthens our ability to predict prosecution strategies and mount an aggressive defence. We have extensive experience handling complex cases involving fraud and deception, including matters with intricate legal and factual issues. Whether your alleged fraud offence involves deception, falsified documents, identity theft, tax evasion, insider trading or other fraudulent activities, we know how to represent your case with exceptional advocacy skills. For serious fraud allegations, it is crucial to consult an expert lawyer or criminal lawyer to ensure you receive the best possible legal advice and representation.
Some of the main categories of fraud offences we assist clients in defending include:
Identity Fraud:Β Using stolen or falsified identification information to impersonate someone and gain access to their finances, data, benefits, etc. This can involve phishing scams, skimming credit card data, and creating fake IDs.
Superannuation Fraud:Β Illegally accessing someoneβs retirement account funds or avoiding superannuation obligations.
Investment Fraud:Β Deceptive investment offerings, such as Ponzi schemes, pyramid schemes, and advance-fee frauds, are designed to swindle individuals.
Tax Fraud:Β Illegally avoiding tax obligations, such as by deliberately underreporting income, overstating deductions, or hiding assets/income.
Centrelink Fraud:Β Illegally obtaining welfare, unemployment, disability or other public benefits through deception.
Securities Fraud:Β Insider trading, accounting fraud, and other deceptions for unfair stock market gain, including company directors’ suppression of evidence or documents to conceal misconduct.
Credit Card Fraud:Β Making unauthorised purchases through techniques like stolen cards, hacking, skimming, etc.
WorkCover Fraud:Β Faking injuries or conditions to unlawfully claim workplace insurance benefits.
Embezzlement:Β Fraudulently misappropriating funds, assets, or resources legally entrusted to someone in their professional role, sometimes involving company directors suppression of documents or evidence to obstruct investigations.
Money Laundering:Β Concealing the origins and illegal profits of criminal funds through complex transactions.
Healthcare Fraud:Β Billing for false services, falsifying diagnoses, accepting kickbacks from service referrals.
Fraud lawyers also handle theft cases and related criminal charges, providing expert legal defence for a wide range of criminal matters.
Every fraud allegation involves unique circumstances. MK Lawβs experiencedΒ criminal lawyersΒ take a tailored approach to build the strongest case for each individual client. In a free initial consultation, weβll listen closely to the details of your situation so we can advise how to proceed.
Depending on the circumstances, we may recommend seeking complete dismissal of charges or negotiating for less serious charges.
For example, we may dispute that deception occurred or that you intended dishonesty. Fraud cases may be heard in the Magistrates Court, County Court, or Supreme Court, depending on the seriousness of the charges. Depending on the total value, we may also seek to have the case remain in the Magistrates Court rather than higher courts, arguing the charges meet the requirements for summary jurisdiction pursuant to the Criminal Procedure Act. If you are not satisfied with the outcome, there may be an option to file an appeal to a higher court, such as the County Court or Supreme Court of Appeal.
If you are under investigation for Fraud in Melbourne, the police may invite you for an interview or arrest and interview you. Additionally, fraud offences may have other prosecuting authorities with powers for arrest and investigations in addition to Victoria police. Making any comment during a recorded interview regardless of whether an accused person is innocent or guilty always carries a degree of risk, as anything you say may be used against you later.
MK Law’s fraud offence lawyers can guide you in deciding which strategies to adopt when being interviewed. In some circumstances, we may advise you to put certain facts on record in order to aid your case.
With possible criminal penalties on the line, the stakes are too high to undergo a recorded interview without obtaining experienced legal advice first. Don’t delay, contact MK Law today on 1800 130 120.
Fraud related offences often include maximum penalties of a fine or imprisonment. Being found guilty of a fraud related criminal offence results in criminal liability and potential penalties under the law.
The severity at sentence often depends on factors like:
In all cases, the prosecution must prove the accused’s guilt beyond reasonable doubt to establish criminal liability for a criminal offence.
The Victorian criminal law requires that an accused person found guilty of a fraud related offence is to be sentenced with regard to their mental health. Often where evidence of a personβs mental health is put before a Court, the result at sentence may be a Community Corrections Order (CCO) without a term of imprisonment or a combination sentence where a CCO commences after a term of imprisonment. The end result in this scenario would be that a shorter sentence of imprisonment would be ordered compared to a person who is found to be fully competent before the law.
With sharp legal minds and aggressive negotiation tactics, MK Law has a proven track record of successfully defending many Victorians against criminal charges, including fraud accusations, and achieved positive outcomes like:
While past results never guarantee future outcomes, they demonstrate our proven effectiveness for fraud defence. For your best chance at the strongest resolution, engage MK Lawβs experienced Melbourne criminal lawyers.
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These are some of the high profile cases I have represented. Donβt worry, your case will probably not hit the media. These are either high profile cases, complex cases, or cases with exceptional outcomes. Some exceptional outcomes have been achieved in the High Court or in particularly complex cases. We do everything in our power to avoid cases being published in the media.
When facing fraud charges, securing expert legal advice from an experienced fraud lawyer is critical to protecting your future. At MK Law, our team of criminal lawyers in Melbourne has extensive experience handling complex fraud cases, including those involving obtaining financial advantage by deception, dishonesty offences, and identity theft. We have represented clients in a wide range of fraud cases, providing professional advice and legal assistance tailored to each clientβs unique circumstances.
Our experienced team is committed to helping you achieve the best possible outcome, whether that involves negotiating with police, preparing for bail applications, or representing you in court. We understand the serious consequences that can arise from fraud offences and are dedicated to building a robust defence on your behalf. With our expertise in dealing with financial advantage by deception and other related offences, you can trust us to guide you through every step of the legal process.
If you are seeking professional advice and strong legal representation, contact MK Law today. Our criminal lawyers in Melbourne are ready to provide the expert legal advice and support you need to navigate your case and secure the best possible outcome.
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