Are you an officer of a company that has induced frauds?
This offence is charged under Commonwealth legislation. In order to fully understand this jurisdiction and its consequences for your case, engage the services of a specialist criminal law firm.
Please read below for more information in relation to this charge.
Elements of the offence
Section 596 of the Corporations Act 2001
The prosecution must prove:
- The defendant was an officer or employee of a corporation and:
- Fraudulently induced another person to give credit to the company; or
- Defrauded the corporation by removal or transfer of company property after or within 2 months before the date of an unsatisfied judgment against the company; or
- Caused a charge or levy of any execution against property of the company.
Level 7 imprisonment being a maximum of 2 years or 100 penalty units.
Where will my case be heard?
Frauds by Officers cases can only be heard in the Federal Magistrates’ Court.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Consult an experienced criminal lawyer urgently. Undertaking appropriate preparation is critical to the success of any legal matter.
If you have been charged with Frauds by Officers make an appointment to see one of our experienced lawyers today.
The legislation
Section 596 of the Corporations Act: Frauds by officers
(1) A person who, while an officer or employee of a company:
(a) by false pretences or by means of any other fraud, induces a person to give credit to the company or to a related body corporate; or
(b) with intent to defraud the company or a related body corporate, or members or creditors of the company or of a related body corporate, makes or purports to make, or causes to be made or to be purported to be made, any gift or transfer of, or security interest in, or causes or connives at the levying of any execution against, property of the company or of a related body corporate; or
(c) with intent to defraud the company or a related body corporate, or members or creditors of the company or of a related body corporate, engages in conduct that results in the concealment or removal of any part of the property of the company or of a related body corporate after, or within 2 months before, the date of any unsatisfied judgment or order for payment of money obtained against the company or a related body corporate;
contravenes this section.
(2) Absolute liability applies to so much of an offence based on paragraph (1)(c) as requires that an event occur after, or within 2 months before, the date of any unsatisfied judgment or order for payment of money obtained against the company or a related body corporate.
