Fraud and dishonesty offences
In NSW, the general fraud offence in section 192E of the Crimes Act 1900 covers dishonestly obtaining property or a financial advantage, or causing a financial disadvantage, by deception. Related charges include dealing with identity information, false or misleading documents and theft by an employee.
Commonwealth fraud offences under the Criminal Code apply where a Commonwealth entity, such as the Australian Taxation Office or Services Australia, is involved.
Money laundering
Money laundering charges can arise under Part 4AC of the Crimes Act 1900 (NSW) or Division 400 of the Commonwealth Criminal Code. The offences turn on dealing with money or property and the person's state of mind: whether they knew or believed, were reckless as to, or in some cases had reasonable grounds to suspect, that it was proceeds of crime.
These cases frequently involve bank records, cash deposits, remittance and cryptocurrency transactions, and the conduct of other people. People are sometimes charged after being used to move funds for others, including through scams.
Early advice matters
Investigations are often under way well before any charge, through notices to produce, search warrants or requests for interview. Early advice can shape how you respond, protect legal professional privilege and identify the documents that support your account.
Our work
- Fraud and obtaining a financial advantage by deception
- Money laundering and dealing with proceeds of crime
- Employee theft and embezzlement
- Identity, false document and computer offences
- Corporate, director, tax and revenue matters
- Scam-related allegations and money mule accounts
- Allegations involving cryptocurrency
Frequently asked questions
I have received a notice to produce documents. Do I have to comply?
Many notices are compulsory and failing to comply can be an offence, but there may be questions about scope, privilege and timing. Seek advice before producing material.
If the money is repaid, will the charges be dropped?
Not necessarily. Repayment does not of itself end a prosecution, but restitution can be relevant to negotiations with the prosecution and, if there is a conviction, to sentence.
This page is general information about the law in NSW and our work. It is not legal advice about your situation. Procedures, penalties and deadlines depend on the charge and can change.
