Fraud & Dishonesty Offence Lawyers Melbourne

  • Over 30 years experience in the criminal justice system
  • Track record of success
  • Nationally acclaimed expertise

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Have you been accused of fraud, theft or another dishonesty offence? MK Law’s fraud lawyers in Melbourne 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.

What is Fraud Under Victorian Law?

Fraud is a general word used to categorise civil and criminal offences involving any species of deception or other deceptive conduct. 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 a 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.

Seasoned MK Law Fraud Lawyers Offer Insight and Strong Advocacy

MK Law defends Victorians against fraud allegations and brings a deep understanding of our laws and current sentencing practices. 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 a strong defence. If 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 experienced fraud defence lawyer or criminal lawyer to ensure you receive the best possible legal advice and representation.

Michael Kuzilny, Founder & Partner at MK Law

Types of Fraud Offences

Some of the main categories of fraud offences we assist clients in defending include:

  • Identity Fraud: Using stolen or falsified identification information to impersonate someone and gain access to their finances, data, benefits, etc.

  • Centrelink Fraud: Illegally obtaining welfare, unemployment, disability or other public benefits through deception.

  • Credit Card Fraud: Making unauthorised purchases through techniques like stolen cards, hacking, skimming, etc.

  • Mortgage/Loan Fraud: Lying on financing applications about income, assets, employment, etc. to obtain loans.
  • Superannuation Fraud: Illegally accessing someone’s retirement account funds or avoiding superannuation obligations.

  • WorkCover Fraud: Faking injuries or conditions to unlawfully claim workplace insurance benefits.

  • Healthcare Fraud: Billing for false services, falsifying diagnoses, accepting kickbacks from service referrals.

Corporate, Business and Financial Fraud

Many fraud allegations start at work. An employer or business partner says money is missing, and the person accused is often an employee or a company director in a position of trust. Our corporate fraud lawyers act in matters such as:

  • Embezzlement: Fraudulently misappropriating funds, assets, or resources legally entrusted to someone in their professional role.

  • Investment Fraud: Deceptive investment offerings, such as Ponzi schemes, pyramid schemes, and advance-fee frauds, are designed to swindle individuals.

  • Tax Fraud: Illegally avoiding tax obligations, such as by deliberately underreporting income, overstating deductions, or hiding assets/income.

  • Securities Fraud: Insider trading, accounting fraud, and other deceptions for unfair stock market gain.

  • Money Laundering: Concealing the origins and illegal profits of criminal funds through complex transactions.

These cases often overlap with white collar crime charges such as false accounting.

Theft and Dishonesty Offences

Fraud charges often come with theft or other dishonesty offences. Stealing is charged as theft. The prosecution must show that you took or assumed control of property belonging to another person, that you meant to deprive them of it permanently, and that you acted with a dishonest intention (Crimes Act 1958, s 72). Theft carries a maximum penalty of 10 years in prison.

For theft and shoplifting charges, see our Theft Lawyers Melbourne page.

Lawyer shaking hands with a client beside scales of justice

Defence Strategy Built on Your Case Details

Every fraud allegation involves unique circumstances. MK Law’s experienced criminal lawyers take a tailored approach to build the strongest case for each individual client. In a free initial consultation, we’ll 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. The prosecution has to prove each element of the offence beyond reasonable doubt. If you honestly believed you were entitled to the money or property, that can be an answer to the charge. 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.

Police Interviews in Fraud Investigations

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.

Don’t delay, contact MK Law today on 1800 130 120.

Penalties for Fraud Offences in Victoria

Fraud related offences often include maximum penalties of a fine or imprisonment. Obtaining property by deception and obtaining a financial advantage by deception each carry a maximum penalty of 10 years in prison. Our aim is to have charges dismissed where we can, and otherwise to mitigate the sentence and argue against a prison term.

The severity of the offence and the sentence often depend on factors like:

  • The value of funds/property involved
  • Duration of alleged offending
  • Your intent and personal circumstances
  • Loss and detriment to victim(s)
  • Breach of trust elements
  • Specific deterrence to the accused.
  • General deterrence to the community

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 person’s 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.

We’ve Achieved Many Impressive Outcomes for Fraud Defence

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:

  • Fraud charges withdrawn or downgraded to summary offences
  • Successfully challenging the prosecution’s ability to prove intent or dishonesty in fraud cases
  • Community service rather than jail time
  • Minimised terms for custodial sentences
  • Avoidance of asset confiscation penalties

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 Law’s experienced Melbourne criminal lawyers.

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Exceptional Outcomes

These are some of the high profile cases I have represented. Don’t 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.

Exceptional Outcomes

Get an Experienced Fraud Offence Lawyer from MK Law in Melbourne

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.

Our experienced team is committed to helping you achieve the best outcome, whether that involves negotiating with police, preparing for bail applications, or legal representation in court proceedings. If you are seeking professional advice and a strong criminal defence, contact MK Law’s fraud lawyers today.

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