Fraud Lawyer Sydney & NSW

If you are being investigated for or charged with fraud, ED Legal can help you understand what is alleged and what to do next. We provide legal representation in fraud matters across Sydney and NSW, including allegations involving financial advantage by deception, identity fraud, false documents and business-related conduct.

Charged with fraud or contacted by police?

Fraud matters often begin before a court date. Police may ask you to take part in an interview, obtain bank or business records, or contact you about transactions they are investigating. Speak with a lawyer before deciding how to respond.

• Keep any Court Attendance Notice, police paperwork or correspondence you have received.

• Preserve relevant bank records, invoices, emails, messages and other electronic material in their original form.

You do not need to work out the legal issues before contacting us. Tell us what police have said, whether you have been charged and any court date you have been given.

How we can help you

We can review the allegation, the available evidence and your instructions, then explain what the prosecution would need to prove and what options are available.

• Assess the prosecution case and whether the conduct alleged satisfies the statutory elements of the offence charged.

• Review financial records, emails, messages, contracts, accounting material and other evidence relevant to the allegation.

• Advise you before a police interview and on how to respond to requests for information or documents.

• Consider whether there is a basis to challenge the charge or make representations about the charge or police facts.

• Prepare your case and represent you in court, whether you intend to contest the allegation or plead guilty.

Understanding the fraud charge

The exact charge matters. Fraud allegations can arise under NSW or Commonwealth law, and the prosecution case can depend on the alleged deception, what was obtained or lost, the value involved and what you knew or intended at the time.

• Section 192E of the Crimes Act 1900 (NSW) is the principal NSW fraud offence.

• It covers allegations that, by deception, a person dishonestly obtained property or a financial advantage, or caused another person financial disadvantage.

• The prosecution must prove the required deception and dishonesty beyond reasonable doubt.

• The evidence may turn on what was said or done, who had authority, and what the accused knew or intended at the time.

• The amount involved and the number of transactions can affect the seriousness of the case, but they do not by themselves decide whether the offence is proved.

• The maximum penalty for an offence under section 192E is 10 years' imprisonment, although the sentence in any particular case depends on the charge, the facts and the way the matter is dealt with.

We can explain the offence on your Court Attendance Notice and what the prosecution would need to establish in your case.

Before a police interview or your court date

If police want to speak with you about a suspected fraud, get legal advice before deciding whether to participate in an interview or provide a detailed account.

• Keep your Court Attendance Notice, charge sheet and any bail or police paperwork together.

• Make a note of any documents, devices or records police have requested or seized.

• Tell us about people, records or communications that may provide context for the allegation.

• Preserve original financial and electronic records rather than creating summaries or altering files after the event.

• Before sending a large volume of confidential material, ask us how to provide it securely.

Other fraud-related offences

Some fraud matters involve offences in addition to, or instead of, the general offence under section 192E. The wording of the charge matters because different offences have different elements and penalties.

• Allegations can involve destroying or concealing accounting records with an intention to defraud.

• They can also involve false or misleading statements said to have been made to obtain property or a financial advantage, or to cause financial disadvantage.

• Company-related matters may involve allegations concerning company records, members or creditors.

We can identify which offence is actually charged, explain what the prosecution must prove and advise on the penalty range that applies.

Identity fraud

Identity fraud allegations can involve dealing in or possessing another person's identification information, or possessing equipment connected with identity crime. How the information was obtained, held or used can be important.

• What identification information police say was involved.

• What use or intended use of that information is alleged.

• What evidence is said to connect you to the information or equipment.

The maximum penalty depends on the specific identity offence charged. We can explain the allegation and prepare the response to the evidence.

Forgery offences

Forgery charges involve false documents and the purpose for which they were allegedly made, used or possessed. We can examine the document itself and the evidence about how it was created or used.

• Making a document alleged to be false.

• Using a document alleged to be false.

• Possessing material or equipment said to be connected with creating false documents.

Some forgery offences carry a maximum penalty of 10 years' imprisonment. The exact offence and the facts alleged determine the real sentencing risk.

Corporate and Commonwealth fraud

Some matters involve company, taxation or Commonwealth offences rather than, or as well as, NSW fraud charges. These cases can involve large volumes of records and different legislation or investigating agencies.

• Company or accounting records and allegations of dishonest conduct within a business.

• Taxation or government-payment allegations.

• Investment, procurement or other Commonwealth fraud allegations.

The applicable offence and maximum penalty depend on the legislation used. We can identify the charge and advise how the matter should be defended or otherwise dealt with.

Deciding how to respond at court

Fraud offences can carry serious consequences. In addition to prison time, a conviction can lead to loss of employment, reputational damage, and difficulty obtaining future financial services. The laws around fraud are complex and the consequences of a conviction can be life-changing.

If you are under investigation or have been charged with fraud, obtaining legal representation early can help you understand the case against you, preserve relevant evidence and prepare an effective response before important decisions are made.

Preparing to speak with a lawyer

When you contact us, tell us what police or prosecutors say happened, whether you have been charged and, if known, the court and next court date.

• Have your Court Attendance Notice and any police paperwork available.

• Tell us if police have asked you to attend an interview or provide documents.

• Identify where relevant financial records, emails, messages or business documents are kept.

• Tell us if police have seized property or devices, or if the investigation involves other people or businesses.

Before sending detailed or confidential material, ask us how to provide it securely. To discuss representation, contact ED Legal for a free initial consultation. We can explain the proposed work and legal fees before you decide whether to engage us.