Have you been Charged with False Accounting?
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Good Faith, Use of Position and Use of Information as Criminal Offence
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Financial Assistance by a Company for Acquiring Shares in the Company or a Holding Company
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Failing to Keep Proper Records
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Failing to Keep Additional Records for Taxation
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Inclusion of False or Misleading Information in Records
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Failing to Provide Access to Records
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Form of Record
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Giving False or Misleading Information to Tax Officers
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Deliberately Omitting Information
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Falsifying or Concealing Identity
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Tax Evasion
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Contaminating Goods with Intent to Cause, or Being Reckless as to Whether it would Cause, Public Alarm or Economic Loss
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Destruction of Evidence
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Corporate Criminal Responsibility, section 255
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False Accounting
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Falsification of Documents
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Suppression of Documents
What does it mean to be charged with False Accounting?
Being charged with false accounting under Section 83 of the Crimes Act 1985 (“CA”) means that an individual is accused of engaging in dishonest practices related to financial records or accounting documents with the intent to deceive or mislead for personal gain or to cause a loss to another party.
What must the prosecution prove?
- You dishonestly destroyed, falsified or concealed accounts for financial gain; or
- You dishonestly furnished accounts for financial gain.
What does Destroy, Falsify, Conceal and Furnish mean?
In false accounting, destroying a document implies an intent to prevent the document from being used as evidence or to hide information that could reveal dishonesty or wrongdoing.
Falsifying accounts or records can include changing figures, dates, or descriptions in a way that misleads others regarding the true state of affairs. This action is done with the intent to misrepresent the financial situation or information.
Concealment in the context of false accounting may involve withholding information or records that are required for an accounting purpose, thereby preventing others from discovering the truth about a financial matter.
Furnishing in this context typically refers to the act of providing financial information or records. If the information provided is misleading, false, or deceptive in a material respect, this can constitute an offense under false accounting.
Penalties for False Accounting:
Level 5 imprisonment. The maximum penalty for false accounting is 10 years of imprisonment.
Where will my case be heard?
False Accounting cases will be heard in either the Magistrates Court or the Country Court depending on severity.
Factors and Defences to consider:
- Were you intentionally dishonest in your actions to Falsify?
- What was the significance of the falsifying?
- Do you have any previous convictions of a similar nature?
- What was the extend of financial loss or damage to others?
- Did you have any legitimate basis for your actions?
- How long did the misconduct occur?
- What were the surrounding circumstances of the offence?
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Good Faith, Use of Position and Use of Information as Criminal Offence
-
Financial Assistance by a Company for Acquiring Shares in the Company or a Holding Company
-
Officer of a Company That Has Induced Frauds
-
Failing to Keep Proper Records
-
Failing to Keep Additional Records for Taxation
-
Inclusion of False or Misleading Information in Records
-
Failing to Provide Access to Records
-
Form of Record
-
Giving False or Misleading Information to Tax Officers
-
Deliberately Omitting Information
-
Falsifying or Concealing Identity
-
Tax Evasion
-
Contaminating Goods with Intent to Cause, or Being Reckless as to Whether it would Cause, Public Alarm or Economic Loss
-
Destruction of Evidence
-
Corporate Criminal Responsibility, section 255
-
False Accounting
-
Falsification of Documents
-
Suppression of Documents
What happens next?
If you’ve been charged with False Accounting, the first crucial step is to reach out to MK Law for immediate legal advice. Your lawyer will guide you through the complexities of your case, helping you to understand the charges against you and the potential consequences. They will review all relevant evidence, including any documentation or communications related to the allegation, and work with you to formulate a strong defence strategy tailored to your specific circumstances.
It is essential to attend all court appearances as these are critical to your case. Your lawyer will advise you on how to prepare for these hearings and what to expect during the process. They will also assist you in exploring various possible defences, negotiating potential settlements, or preparing for trial if necessary. Early legal representation is vital, as it equips you with the knowledge and support needed to navigate the legal system effectively, increasing your chances of achieving the best possible outcome.
Moreover, maintaining open lines of communication with your lawyer throughout this process is important. They will keep you informed of any developments in your case and advise you on the best course of action at each stage. If you need expert advice, don’t hesitate to call 1800 130 120 for confidential assistance tailored to your situation.
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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au