Fraud on the Commonwealth

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Overview

Engaging in deceptive actions against the Australian Government is considered a grave offence with repercussions that affect all Australians.

Instances of Commonwealth Deception include:

1. Untruthfully obtaining funds from Centrelink by not revealing your accurate living/family conditions or your earned income.
2. Illegitimately securing a Commonwealth Grant, aware that you don't qualify, and providing incorrect details in the application.

Depending on where the case is adjudicated, the penalties for Commonwealth Deception can differ. In the Local Court, offenders may face a jail term of up to 2 years, while in the District Court, the sentence can extend up to 10 years.

It's crucial to understand that the harshest penalties are often given for the most severe transgressions and might not apply to every situation.

In NSW, for Tax Fraud offences, the court may decide on the following punishments:

Full-time imprisonment
Intensive Corrections Order (ICO)
Community Correction Order (CCO)
Conditional Release Order (CRO), commonly known as a good behaviour bond.

Frequently Asked Questions

Click on the options below to learn the answers to frequently asked questions about Fraud on the Commonwealth.

Being a criminal charge, the onus of proof falls on the Prosecution for Fraud/Deception.

The Prosecution has to substantiate:

1. Your acquisition of advantage or funds was through misleading or dishonest methods.

2. The financial benefit was derived from an agency or entity under the Commonwealth.

For cases related to Fraud/Deception against the Commonwealth, KPT Defence Lawyers offer:

1. Starting “plea negotiations” with the prosecuting authorities to seek a charge withdrawal, reduction, or modification of the police fact sheets.

2. At the hearing, KPT Defence Lawyers will plead Not Guilty, arguing against the prosecution’s evidence and supporting your innocence.

3. If directed by you, KPT Defence Lawyers can also enter a guilty plea, focusing on presenting facts to achieve a lesser punishment.

4. Alternatively, we can plead guilty on your behalf, recognising all charges. However, we will still advocate robustly on your behalf to persuade the court against recording a criminal conviction against you.

At KPT Defence Lawyers, our primary objective is offering the best legal advice and representation, ensuring your rights are upheld throughout the legal journey. Our seasoned team prioritises the best possible outcome for your situation.

Fraud on the Commonwealth involves deliberately deceiving or defrauding the Australian government or its agencies for financial gain. It can include false claims, tax fraud, or fraudulent schemes targeting government funds.

Penalties for fraud on the Commonwealth can vary but may include significant fines, imprisonment, and forfeiture of ill-gotten gains. The severity depends on factors like the amount involved and the complexity of the scheme.