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.

What is Fraud?

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

Seasoned MK Law Fraud Lawyers Offer Insight and Strong Advocacy

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 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. 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. 

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. This can involve phishing scams, skimming credit card data, creating fake IDs.
• Superannuation Fraud: Illegally accessing someone’s retirement account funds or avoiding superannuation obligations.
• Investment Fraud: Deceptive investment offerings like Ponzi schemes, pyramid schemes, advance fee frauds, etc. meant to swindle individuals.
• Tax Fraud: Illegally avoiding tax obligations, such as by deliberately underreporting income, overstating deductions, hiding assets/income.
• HECS Fraud: Avoiding repayment of student loans through deceptive means.
• Centrelink Fraud: Illegally obtaining welfare, unemployment, disability or other public benefits through deception.
• Securities Fraud: Insider trading, accounting fraud, and other deceptions for unfair stock market gain.
• Mortgage/Loan Fraud: Lying on financing applications about income, assets, employment, etc. to obtain loans.
• Credit Card Fraud: Making unauthorised purchases through techniques like stolen cards, hacking, skimming, etc.
• WorkCover Fraud: Faking injuries or conditions to unlawfully claim workplace insurance benefits.
• Embezzlement: Fraudulently misappropriating funds, assets, or resources legally entrusted to someone in their professional role.
• Money Laundering: Concealing the origins and illegal profits of criminal funds through complex transactions.
• Healthcare Fraud: Billing for false services, falsifying diagnoses, accepting kickbacks from service referrals.

Expert Guidance for Police Interviews

If you are under fraud investigation 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.

We Aim to Avoid Harsh Penalties Like Jail Time

Fraud related offences often include maximum penalties of a fine or imprisonment. 

The severity at sentence often depends 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. 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. 

We’ve Achieved Many Impressive Outcomes for Fraud Defence

With sharp legal minds and aggressive negotiation tactics, MK Law has successfully defended many Victorians against fraud accusations and achieved positive outcomes like:

• Fraud charges withdrawn or downgraded to summary offences
• Suspended sentences and 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 effectiveness for fraud defence. For your best chance at the strongest resolution, engage MK Law’s experienced Melbourne criminal lawyers.

Common Questions About Fraud Charges in Melbourne

If you are under fraud investigation or have been charged with a fraud related offence in Victoria, you likely have many pressing questions. Here are answers to some of the most common questions we receive about defending against fraud accusations:

What Activities Can Constitute Fraud Under Victorian Law?

Many dishonest behaviours may qualify as fraud under Victorian statutes like the Crimes Act 1958 and Summary Offences Act 1966. Common fraudulent activities include:

• Obtaining property, financial advantage, or business opportunities through intentional deception
• Identity fraud involving use of fake or stolen ID information
• Credit card fraud through techniques like skimming or phishing
• Tax evasion or avoidance of government fees/fines
• Superannuation, investment, or welfare fraud
• Falsifying financial or business records/statements
• Mortgage or loan application fraud

This list highlights just some examples of fraud offences. MK Law’s dedicated fraud lawyers can explain whether your situation may qualify as an illegal dishonesty offence.

What Are Potential Penalties If Convicted of Fraud in Melbourne?

Fraud convictions often carry severe sentences under Victorian law, including:

• Obtaining property or financial advantage by deception – 10 years maximum imprisonment
• Falsified statements/records – 10 years maximum imprisonment
• Blackmail – 15 years maximum imprisonment
• Centrelink fraud – 10 years maximum imprisonment

Penalty severity depends on case specifics like the dollar value involved and timespan of activities. But any fraud conviction can gravely impact finances and freedom. Engage MK Law’s experienced legal representation to protect yourself.

What Are Some Possible Defences Against Fraud Charges?

Skilled Melbourne criminal lawyers may be able to defend against fraud accusations by challenging elements like:

• No deceptive intent – Argue you did not knowingly mislead and lacked intent to defraud
• Incorrect identity – Contest it was not you who performed the fraudulent acts
• Claim of right – Assert you had a legitimate claim, permit, or approval for funds/property obtained
• Unwilling deception – Claim you were unknowingly or unwillingly involved in the fraudulent scheme

An experienced criminal lawyer can advise if these or other defences may apply in your case after taking your instructions.

How Can a Lawyer Help If I’m Under Fraud Investigation?

If police contact you for questioning or records related to a fraud probe in Melbourne, a lawyer can provide vital support:

• Counsel whether to comply with interviews or records requests
• Guide what information to provide or avoid disclosing
• Ensure your legal rights are protected
• Clarify the status of any investigation and possible charges
• Provide general advice for responding to investigative inquiries

Don’t undergo questioning or share information before discussing with a lawyer first. The criminal lawyers at MK Law can guide you through the investigation process.

Why Choose Us?

Proven Track Record

With a history of successfully representing clients facing serious fraud and dishonesty offences, our firm stands as a reputable choice among lawyers in Melbourne and throughout regional Victoria..

Tailored Legal Advice

Every case is unique. We provide expert legal advice, aligning our strategies with your individual circumstances and the nuances of fraud law.

Free Consultation

Start with a free consultation to understand your standing and how we can assist in navigating the fraud matters you face. Generally this is conducted by phone appointment.