White Collar & Corporate
6. Fraud
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 16 Sep 2015
- There are a number of fraud offences depending on the type of conduct you are involved in. The specific offences are different in each state and territory. You will need to check the law where you live to see how the law applies in your situation.
- Broadly fraud is when someone takes the property of another through deceptive or dishonest means.
- Fraud offences will not be the same in each state and territory as each offence will be worded differently. Generally a fraud offence requires that you:
- take or obtain someone’s property;
- do this by dishonest or deceptive means;
- do this intentionally or recklessly; and
- that you also intend to permanently deprive the person of the property.
- Each of these words and phrases has a special meaning that is defined in the law. Some are defined in the legislation such as in the relevant Crimes Act or the Criminal Code. Others have been defined over time by case law. A lawyer is the best person to explain exactly what the legal meaning is.
- In the context of white collar and corporate crimes the word ‘property’ usually means money.
- Generally the types of behaviour fraud offences cover include obtaining a financial advantage by:
- making false statements;
- making misleading statements;
- tax fraud; or
- concealing, altering or destroying accounting records.
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