Fraud Charge Lawyers Sydney

If you’ve been charged with fraud or are under investigation for fraud-related offences in New South Wales, you’re facing one of the most complex and serious areas of criminal law. Fraud prosecutions are document-intensive, legally intricate, and can result in lengthy prison sentences and devastating financial consequences that follow you for life.

You need expert legal help immediately. Not next week. Not when charges are formally laid. Right now. Fraud investigations rely heavily on the investigative powers of NSW Police, the Australian Federal Police, and sometimes multi-agency task forces including the Australian Securities and Investments Commission (ASIC), the Australian Taxation Office (ATO), or the NSW Crime Commission. You need Hannay Lawyers involved from the outset to ensure that investigations are conducted lawfully and don’t prejudice your legal position.

People who delay getting legal representation in fraud matters almost always regret it. By the time they finally contact a lawyer, critical evidence has been seized, admissions have been made in police interviews, financial records have been misinterpreted, and their legal position has been severely compromised.

Hannay Lawyers has offices in Sydney, and our criminal defence team has extensive experience defending clients facing fraud charges across New South Wales courts. We understand how fraud prosecutions work, how to challenge the Crown’s case, and how to fight for the best possible outcome when your freedom and financial future are at stake.

Understanding Fraud Charges in New South Wales

Fraud charges encompass a broad range of illegal activities involving dishonesty, deceit, and intent to obtain a benefit or cause a detriment through deceptive means. In New South Wales, fraud offences are primarily governed by Part 4AA of the Crimes Act 1900 (NSW), which sets out detailed provisions for various forms of dishonest conduct.

The fundamental element of all fraud charges is dishonesty — acting in a way that is dishonest according to the standards of ordinary people. The prosecution must prove that you acted dishonestly with the intention to obtain property belonging to another, to obtain a financial advantage, or to cause a financial disadvantage to another person.

Fraud charges in NSW can involve individual victims, businesses, government agencies, financial institutions, or the public generally. They can range from relatively straightforward matters involving a few thousand dollars to massive, multi-million dollar frauds involving complex corporate structures, offshore accounts, and years of dishonest conduct.

Types of Fraud Charges in New South Wales

Fraud Offences Under Section 192E

The primary fraud offence in New South Wales is fraud under section 192E of the Crimes Act 1900 (NSW). This offence applies when a person, by any deception, dishonestly obtains property belonging to another, or obtains any financial advantage or causes any financial disadvantage.

Deception means any deception by words or other conduct as to fact or as to law, including deception as to the intentions of the person using the deception or any other person. Property includes money and all other property whether real or personal.

The maximum penalty for fraud depends on the value involved. For fraud where the value of the property or benefit obtained or the financial disadvantage caused does not exceed $5,000, the maximum penalty is 2 years imprisonment. Where the value exceeds $5,000, the maximum penalty is 10 years imprisonment. Where the value exceeds $100,000, the maximum penalty is 10 years imprisonment under aggravated circumstances.

Section 192E captures an extremely broad range of dishonest conduct including obtaining money by deception, making false representations to obtain benefits, misappropriating funds, identity fraud, credit card fraud, investment fraud, and using someone else’s property without authority for personal gain.

Obtaining Property by Deception

Section 192F creates specific offences for obtaining property by deception. This involves dishonestly obtaining property belonging to another person by deception with the intention of permanently depriving the other person of the property. Maximum penalty is 10 years imprisonment.

This charge often applies in cases where someone obtains goods, services, or money through false pretences, lies about their identity or credentials, or makes false promises to induce someone to hand over property.

Obtaining Financial Advantage by Deception

Section 192G criminalises dishonestly obtaining a financial advantage from another person by deception. Financial advantage includes obtaining credit, avoiding or deferring payment of a debt, avoiding or deferring an obligation to pay money, or obtaining employment or a contract. Maximum penalty is 10 years imprisonment.

These charges commonly arise in benefit fraud cases, loan fraud where false information is provided to obtain credit, employment obtained through false qualifications or references, and tax fraud where deductions or refunds are obtained through false claims.

Causing Financial Disadvantage by Deception

Section 192H makes it an offence to dishonestly cause a financial disadvantage to another person by deception. This recognises that fraud doesn’t always involve obtaining something for yourself — it can involve causing loss to others. Maximum penalty is 10 years imprisonment.

Possession of Data with Intent to Commit Serious Computer Offence

Section 308H creates offences for possessing data or programs with intent to commit serious computer offences. This includes possessing stolen credit card data, login credentials, hacking tools, or other information intended to be used to commit fraud or unauthorised computer access. Maximum penalty is 3 years imprisonment.

These charges often accompany other fraud charges and are particularly common in identity theft and cybercrime prosecutions.

Making or Using False Documents

Section 300 criminalises making, altering, or using false documents with intent to defraud. Documents include any record of information in material form, electronic form, or any other form. Maximum penalty is 10 years imprisonment.

Falsification charges often accompany other fraud charges, particularly in corporate fraud, taxation fraud, benefit fraud, or identity fraud cases where documentary evidence has been fabricated or altered to support false claims.

Destroy or Conceal Accounting Records

Section 192K makes it an offence for directors or officers of companies to destroy, conceal, or falsify accounting records with intent to deceive or defraud. Maximum penalty is 7 years imprisonment.

This offence targets corporate fraud and financial misconduct by those in positions of corporate responsibility.

Common Types of Fraud Prosecutions in NSW

Identity Theft and Identity Fraud

Identity theft involves obtaining and using another person’s personal information — such as name, date of birth, driver’s licence number, tax file number, Medicare number, passport details, or financial account details — to commit fraud or other crimes.

In NSW, identity theft prosecutions often involve obtaining credit cards, loans, government benefits, or mobile phone contracts in someone else’s name, accessing bank accounts using stolen credentials, creating false identity documents like driver’s licences or passports, using stolen identities to make purchases or obtain services, or opening bank accounts or company registrations using false identities.

NSW Police and financial institution fraud teams investigate identity theft through analysis of financial transactions, surveillance of suspects using stolen identities, forensic examination of computers and phones showing possession of stolen information, comparison of applications and documents with genuine identity holders, and witness statements from victims whose identities were stolen.

Credit Card Fraud

Credit card fraud includes using stolen credit cards or credit card details to make unauthorised purchases, creating cloned or counterfeit credit cards using stolen data, obtaining credit cards through false applications or identity theft, conducting “card not present” fraud using stolen card details for online or phone transactions, and card skimming where devices are installed on ATMs or EFTPOS terminals to capture card data.

NSW Police investigate credit card fraud using transaction records from banks and merchants, CCTV footage from purchase locations and ATMs, analysis of IP addresses and device information from online transactions, forensic evidence from card skimming devices or cloning equipment, and telecommunications data showing communications between co-offenders.

Maximum penalties depend on the total value obtained and can range from 2 to 10 years imprisonment for serious cases involving substantial sums or organised criminal activity.

Insurance Fraud

Insurance fraud involves making false or exaggerated insurance claims, staging accidents or losses to support fraudulent claims, providing false information on insurance applications to obtain coverage or reduce premiums, making multiple claims for the same loss to different insurers, or deliberately causing damage or loss to claim insurance payouts.

Common insurance fraud prosecutions in NSW involve motor vehicle accident fraud where accidents are staged, exaggerated, or injuries are falsely claimed, property damage claims where damage is deliberately caused or pre-existing damage is falsely attributed to insured events, theft claims where items were never stolen, were not owned, or were disposed of by the claimant, workers compensation fraud where injuries are exaggerated or falsely attributed to workplace incidents, and life insurance fraud involving false death claims or misrepresentation of health conditions.

Insurance companies conduct thorough investigations before paying claims, and suspicious claims are often referred to NSW Police or specialist insurance fraud investigation units. These investigations can involve surveillance, forensic analysis of damage, medical examinations, interview of witnesses, and detailed scrutiny of financial records.

Bank and Financial Institution Fraud

Bank fraud encompasses a range of dishonest conduct targeting financial institutions including loan fraud where false information is provided on loan applications about income, employment, assets, or liabilities, mortgage fraud involving false property valuations, false rental income claims, or straw buyers, cheque fraud including creating false cheques, altering cheques, or depositing fraudulent cheques, account fraud such as opening accounts using false identities or manipulating account balances, and money laundering involving structuring transactions to avoid reporting requirements or moving proceeds of crime through financial systems.

Banks and financial institutions have sophisticated fraud detection systems that analyse transaction patterns, verify application information, and flag suspicious activity. When fraud is detected, matters are typically referred to police financial crimes units for prosecution.

Centrelink and Government Benefit Fraud

Centrelink fraud involves obtaining government benefits through false or misleading information. This includes failing to report income or changes in circumstances that affect benefit entitlements, providing false information about relationship status, dependents, or living arrangements, claiming benefits while working and not declaring income, claiming benefits in multiple names or using false identities, and identity fraud to claim benefits in other people’s names.

Services Australia (Centrelink) conducts compliance reviews and data-matching with the Australian Taxation Office, employers, and financial institutions to detect benefit fraud. Detected fraud results in debt recovery proceedings and often criminal prosecution by Commonwealth prosecutors. Maximum penalties under social security fraud provisions can reach 10 years imprisonment for serious cases.

Tax Fraud

Tax fraud involves providing false or misleading information to the Australian Taxation Office to avoid paying tax or to obtain tax refunds. Common types include failing to declare income from employment, business, investments, or other sources, claiming false deductions for expenses that were never incurred or were personal rather than business-related, GST fraud including claiming false input tax credits or failing to remit collected GST, creating false invoices or receipts to support fraudulent claims, and phoenix activity where companies are deliberately liquidated to avoid tax debts and new entities created to continue the same business.

The ATO has extensive data-matching capabilities and conducts detailed audits when fraud is suspected. Serious tax fraud matters are referred to the Commonwealth Director of Public Prosecutions for criminal prosecution. Maximum penalties can reach 10 years imprisonment and substantial financial penalties.

Investment and Securities Fraud

Investment fraud includes Ponzi schemes where returns to earlier investors are paid using funds from new investors rather than from legitimate investment profits, pyramid schemes where participants are recruited to invest with promises of returns from recruiting others, share market manipulation including insider trading or spreading false information to manipulate share prices, false or misleading prospectuses or investment offers, and operating unregistered managed investment schemes.

These matters are often investigated by ASIC in conjunction with NSW Police or the Australian Federal Police. Maximum penalties under corporations law and the Crimes Act can reach 10 years imprisonment for serious cases.

Employment and Resume Fraud

Employment fraud involves providing false information to obtain employment including false qualifications, credentials, or work history, using fake or purchased degrees or certificates, falsifying references or employment verification, identity fraud to obtain employment using someone else’s credentials or to avoid background checks, and working while claiming to be unemployed to continue receiving benefits.

Employers increasingly conduct thorough background checks, and discovery of employment fraud typically results in immediate termination and potential criminal charges depending on the circumstances and consequences.

Medicare and Health Services Fraud

Medicare fraud involves making false claims for medical services including billing for services never provided, providing unnecessary services to generate billing, billing for more expensive services than actually provided (upcoding), charging patients additional fees above scheduled fees without proper disclosure, and claiming benefits using stolen Medicare cards or false identities.

The Department of Health and Services Australia investigate Medicare fraud, and serious matters are referred for criminal prosecution. Healthcare providers found guilty face professional deregistration in addition to criminal penalties.

Superannuation Fraud

Superannuation fraud includes making false claims for early release of superannuation on hardship or compassionate grounds, identity fraud to access others’ superannuation accounts, self-managed superannuation fund fraud involving illegal early access or non-compliant investments, and trustee fraud where superannuation trustees misappropriate fund assets.

The ATO regulates superannuation and investigates fraud, with serious matters referred for criminal prosecution. Maximum penalties can include 10 years imprisonment.

Why You Need Hannay Lawyers for Fraud Charges

Fraud convictions create permanent consequences extending far beyond imprisonment. These consequences affect every aspect of your life, often for decades.

Criminal records create employment barriers particularly in financial services, accounting, legal profession, government employment, any roles involving financial responsibility or trust, positions requiring security clearances or background checks, and professional licensing in numerous industries.

Professional consequences include loss of existing professional registrations, disqualification from company directorships under Corporations Act provisions, inability to work in financial services, and mandatory reporting to professional regulatory bodies.

Financial consequences include restitution orders requiring repayment of amounts obtained by fraud, often with interest, confiscation of assets under proceeds of crime legislation, substantial fines in addition to restitution, bankruptcy proceedings, and civil recovery actions by victims.

Immigration impact is severe for non-citizens. Fraud convictions trigger visa cancellation for temporary visa holders, character test failures affecting permanent residency, deportation proceedings, and barriers to citizenship.

Travel restrictions include visa denials for many countries that conduct character assessments, particularly the USA, Canada, and UK.

These consequences are permanent and devastating. Your defence starts now.

The Investigation Process

Fraud investigations in NSW are typically lengthy and document-intensive. Police or other investigating agencies will seize computers, phones, financial records, business documents, and other evidence, conduct forensic analysis of electronic devices and financial transactions, execute search warrants at homes and business premises, interview witnesses and co-accused, conduct formal recorded interviews with suspects, obtain records from banks, financial institutions, government agencies, and third parties, and engage forensic accountants and other experts to analyse financial transactions.

You need Hannay Lawyers involved from the moment you become aware of an investigation. We ensure search warrants are executed properly, attend police interviews and advise on whether to answer questions or exercise your right to silence, review seized evidence and challenge any improperly obtained material, engage our own forensic accountants and experts to analyse the evidence, identify weaknesses in the prosecution case, and begin building your defence before charges are even laid.

Defences to Fraud Charges

Defending fraud charges in NSW requires detailed analysis of the evidence and the specific elements the prosecution must prove. Common defences include lack of dishonesty where your conduct may have been mistaken or negligent but was not dishonest, claim of right where you honestly believed you had a legal right to act as you did, lack of deception where no false representations were made, consent where the alleged victim consented to the transaction or conduct, mistake where you made an honest and reasonable mistake about relevant facts, and duress where you acted under threats or coercion.

Additionally, we challenge the prosecution case by exposing weaknesses in financial analysis and accounting evidence, demonstrating alternative explanations for transactions or conduct, challenging the reliability of witness testimony, demonstrating procedural failures in how evidence was obtained, and arguing that the value or harm is less than alleged.

Fraud prosecutions often involve complex financial evidence, multiple witnesses, and thousands of pages of documents. Success depends on meticulous preparation, expert analysis of financial records, and strategic cross-examination of prosecution witnesses.

How Fraud Cases Are Prosecuted in NSW

Less serious fraud matters may be dealt with summarily in the Local Court where maximum penalties are limited to 2 years imprisonment. More serious fraud matters are indictable offences prosecuted in the District Court of New South Wales where maximum penalties reach 10 years imprisonment.

For indictable matters, you’ll first appear in the Local Court for committal proceedings where the prosecution must establish sufficient evidence to commit the matter for trial. Hannay Lawyers uses committal strategically to test the prosecution’s case and obtain early disclosure.

If committed for trial, matters proceed to the District Court where they’re heard before a judge and jury. Fraud trials are often lengthy, involving extensive documentary evidence, expert testimony from forensic accountants, and detailed legal argument about dishonesty and intention.

The prosecution must prove every element beyond reasonable doubt, including that you acted dishonestly, that you intended to obtain a benefit or cause a detriment, and that deception was involved.

Sentencing for Fraud Offences in NSW

If convicted, fraud sentencing in NSW considers the value of the fraud, whether there was breach of trust or abuse of position, sophistication and planning involved, number of victims and impact on victims, whether you cooperated with authorities, whether restitution has been made, your criminal history, prospects of rehabilitation, and whether you showed genuine remorse.

Courts frequently impose imprisonment for serious fraud offences, though intensive correction orders, community correction orders, and conditional release orders are possible for less serious matters or first offenders with strong mitigation.

Hannay Lawyers presents comprehensive sentencing submissions including character references, evidence of rehabilitation, psychological reports if relevant, restitution proposals where possible, and detailed legal argument about mitigating factors.

Why You Need Hannay Lawyers

Fraud charges are among the most complex prosecutions in NSW criminal law. You’re facing potential imprisonment, financial ruin, professional destruction, and permanent damage to your reputation.

You need lawyers who understand financial transactions, can analyse complex accounting evidence, challenge forensic reports, cross-examine expert witnesses, and construct compelling defences.

Hannay Lawyers has defended clients facing fraud charges throughout New South Wales. We’ve achieved successful outcomes in Local and District Courts, from withdrawals and dismissals to acquittals after trial.

We’re available 24/7 for urgent matters. We can meet you in custody, attend police interviews, and begin defending you immediately.

Contact Hannay Lawyers Today

Don’t wait. Don’t try to explain things to police without a lawyer. Don’t assume the evidence will speak for itself. The only protection you have is immediate, expert legal representation.