How to Handle False Fraud Accusations in Victoria

Under the 1958 Crimes Act in Victoria, fraud is a wide ranging term that can include a variety of different offences ranging from misdemeanours to misappropriation of property and other forms of dishonest conduct. Depending on the specific type of fraud that a person is charged with, the punishment can range from a small fine all the way to a jail term of up to ten years.

Given the serious nature of the crime, it can be very alarming if you have been accused of a fraud offence. In this post, we take a closer look at how you can properly handle false fraud accusations in Victoria. 

What Makes an Accusation False?

There are many reasons why an accusation of fraud may be deemed to be false under Victorian law, including:

• Misunderstandings: A common cause of false fraud accusations is a misunderstanding between the parties involved. For instance, a delayed payment or an incorrectly filed invoice may result in a false accusation of fraud, even if it was due to a mistake. 

• Mistaken Identity: Another common cause of fraud accusations is mistaken identity. Mistaken identity can occur when you are incorrectly linked to fraudulent activities or transactions due to similarities in name or appearance to someone else. If you’ve been a victim of identity theft, you may also become unwittingly accused of fraud due to actions that someone else has undertaken while posing as you. 

• Accidents: From time to time, human error or carelessness may also result in you taking certain actions that would ordinarily be fraudulent if done intentionally. However, if they were done accidentally, then the elements of fraud might not be met.  

Immediate Steps to Take When Accused

If you’ve been accused of fraud, the immediate step you should take to improve your chances of a positive outcome is to engage an experienced fraud lawyer. A lawyer can properly assess the merits of your case and provide you with guiding steps on how to proceed in a manner that will be in your best interests. 

It is also important for you to avoid admitting fault and refrain from making statements that might be interpreted by the police or by the other party involved. You can also consult your lawyer to determine what you can safely communicate without negatively impacting your case. At the same time, you should begin to document all related communications, transactions and other evidence that would help to support your case that you have been falsely accused of fraud. 

Choosing a Reputable Defence Lawyer

Leanne Warren & Associates is a leading firm of criminal lawyers in Melbourne and our experience barristers have decades of experience advising clients in fraud and other criminal cases. If you have been wrongly accused of fraud, we can provide you with competent advice and help you achieve the best outcome in your case. Contact us today for a free consultation to find out more about how we might be able to help you!