Fraud, Australian Tax Office, obtaining financial advantage by deception, sentencing
Slades & Parsons discuss cases to do with allegations of fraud.
Police charged our client with Dishonestly Obtaining a Financial Advantage by Deception from the Australian Taxation Office (ATO).
This offending concerned obtaining Goods and Services Tax (GST) refunds from the ATO, and attempts to obtain GST refunds. This took place over a several years, and the client was not entitled to the refunds.
Our client and a co-accused registered their businesses for GST. Then they nominated their own bank accounts for receiving payments from the ATO, including GST refunds. After that, they lodged a monthly paper BAS with the ATO for the business.
The total value of the fraud and attempted fraud was more than $400,000.00.
Our solicitor, Ms Pisasale, analysed the brief. She negotiated extensively with the Commonwealth prosecutions (CDPP). The result was that the CDPP resolved 68 charges to three representative counts. These were tow 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 that current sentencing practices were for sentences of 12 months’ gaol and more.
Ms Pisasale conceded that gaol was appropriate. However, after our submissions, the court ultimately imposed only a brief custodial sentence and a five year $2000.00 ‘Recognisance Release Order’. This required our client to serve only 6 months’ custody before release back into the community.
This was an exceptional result for this category of fraud offending. It reflects the commitment of our solicitors. We ensure that justice is administered fairly and in our client’s interests.