What Is Obtaining Financial Advantage By Deception?
Fraud is a criminal offence that involves obtaining a financial advantage or property by deception and can result in imprisonment, fines, and a criminal record.
Found in section 82 of the Crimes Act 1958, obtaining financial advantage by deception is when an individual commits a criminal offence where they have engaged in deceptive behaviour to obtain a financial benefit. The maximum penalty for this crime is 10 years imprisonment.
At Slades & Parsons, we understand the complexities of fraud and deception offences and can provide expert legal representation for clients facing fraud charges. Our experienced team of criminal defence lawyers have a proven track record of successfully defending clients in fraud and deception cases and can help you achieve the best possible outcome for your situation.
Obtaining Financial Advantage by Deception Cases – Slades & Parsons Case Study
A client came to Slade’s & Parsons when the Australian Taxation Office (ATO) charged them with multiple offences. The offences were four counts of Dishonestly Obtaining a Financial Advantage by Deception from a Commonwealth entity. Again, the maximum penalty for this fraud offence is 10 years imprisonment and/or 600 penalty units.
This offence concerned obtaining Goods and Services Tax (GST) refunds from the ATO, and attempts to obtain GST refunds, when there was no entitlement to such refunds.
Our client and the co-accused had registered their businesses for GST. They nominated their own accounts for payments from the ATO, including GST refunds. They then lodged a monthly paper BAS with the ATO that showed false business activity over the period.
The total value of the fraud and attempted fraud was over $400,000.
Experienced Fraud Lawyers in Melbourne
Accredited Criminal Law Specialist, Ms Pisasale, analysed the comprehensive brief. After extensive negotiations with the Commonwealth Director of Public Prosecutions (CDPP), he resolved the 68 charges to three representative counts. These were two counts of Obtaining a Financial Advantage by Deception and one count of Attempting to Obtain a Financial Advantage by Deception.
On the plea in the County Court, the Crown submitted several cases demonstrating that sentencing practices were for 12 months or more jail time.
We provided the court with character references and a comprehensive personal background of our client. Ms Pisasale contextualised the offending through detailed submissions. However, we conceded that jail was appropriate.
After submissions on behalf of our client, the court accepted that these were mitigating circumstances. Ultimately, the court imposed only a brief sentence and a five-year $2000.00, ‘Recognisance Release Order’. This required our client to only serve 6 months in custody.
This was an exceptional result for our client, however, it is important to remember that each fraud case will differ. Each outcome will depend on an analysis of the evidence by one of our expert criminal lawyers, who will carefully prepare the case for a hearing. This will be done based on instructions given by our client.
Slades & Parsons – Experts in Dealing with Fraudulent Financial Deception
At Slades & Parsons, we are committed to providing our clients with the highest level of legal advice and support and will work tirelessly to protect your rights and interests throughout the legal process.
We have a team of experienced fraud lawyers who can assist you if you have been charged with this offence. If you are facing charges related to Obtaining Financial Advantage by Deception, contact us today to schedule a consultation and discuss your legal options.