Fraud Lawyers Sydney
Award-winning Sydney law firm recognised every year among the city’s best.
Book your consultation
Call us now on 1800 911 129 or fill out the form below
Fraud Lawyers Sydney
Award-winning Sydney law firm recognised every year among the city’s best.
Book your consultation
Call us now on 1800 911 129 or fill out the form below
Fraud charges are complex — We bring clarity, strategy and proven defence for financial crimes across NSW.
Understanding Fraud Offences in NSW
Fraud is a serious criminal offence under NSW law, typically prosecuted under Section 192E of the Crimes Act 1900 (NSW). It involves using deception to obtain a financial or material advantage — or to cause another person to suffer a disadvantage. These cases range from simple benefit fraud to complex corporate dishonesty involving large sums and multiple parties.
Fraud charges can stem from allegations involving:
Centrelink or NDIS claims
Identity theft or impersonation
Misuse of company funds or employee reimbursements
Falsified loan applications or forged documents
Online scams, phishing, or invoice redirection fraud
Whether it’s a one-off mistake or a complex scheme, the consequences can be life-changing. We help you respond strategically — starting with your version of the facts and building a defence that holds up in court. You can explore case examples and penalties through the NSW Sentencing Council.
What the Prosecution Must Prove
For a conviction under s192E, the prosecution must show that you:
Used deception or dishonest conduct
Gained a financial advantage or caused someone else to suffer loss
Acted with intent — not by accident or misunderstanding
Intent and dishonesty are central to the case. Often, this depends on circumstantial evidence such as emails, text messages, or financial records. A good defence lawyer will challenge these assumptions and highlight alternate explanations.
Types of Fraud Cases We Handle
Our lawyers have successfully defended clients across a wide range of fraud-related charges, including:
Centrelink and welfare fraud (Services Australia definition)
Credit card and banking fraud
Superannuation theft or falsification
Corporate fraud and unauthorised access to internal systems
Investment fraud and false representation
We also advise clients under investigation by the Australian Federal Police or ASIC. If you’ve received a notice or request to attend an interview, get in touch with us before responding.
Penalties for Fraud in NSW
Fraud is often treated as an indictable offence, meaning it can be heard in the District Court if the facts are serious. Maximum penalties under s192E include up to 10 years imprisonment. Actual penalties depend on:
The amount of money involved
Whether the fraud was ongoing or isolated
Whether the accused has a prior criminal record
Evidence of remorse, repayment or cooperation
Sentences may involve prison, Intensive Correction Orders, fines, or Community Correction Orders. Many cases also include restitution to victims or government agencies. See a breakdown of outcomes in this Law and Justice Foundation PDF.
Defending Fraud Charges
Defending a fraud allegation requires detailed understanding of financial records, electronic evidence, and what actually happened. Our lawyers build defences based on:
Lack of dishonest intent
Miscommunication or mistaken identity
Coercion or duress from another party
Psychological, medical or financial vulnerability
In many cases, our early negotiations result in charges being downgraded or withdrawn entirely. We also engage forensic accountants and independent investigators where necessary. Some clients resolve their matters through diversion programs or by repaying the affected party — especially when remorse and restitution are shown.
Looking for legal advice after being charged with fraud or a financial offence?
Fraud cases require strategic legal thinking — we guide you through complex financial allegations with skill and discretion.
How Fraud Charges Are Investigated in NSW
Fraud matters are often investigated over several months. Depending on the type and scale of fraud, this may involve:
Search warrants executed at your home or workplace
Digital evidence collection, including emails, mobile phones, and servers
Financial audits and forensic accounting
Interviews conducted by NSW Police or federal agencies
If you’ve received a summons, formal notice, or even an informal inquiry, don’t delay. Contact a lawyer before responding. You can find government guidance on fraud reporting through Scamwatch Australia and Cyber.gov.au.
What Happens in Court?
Fraud cases usually begin in the Local Court of NSW. Depending on severity, they may be finalised there or committed to the District Court if they involve larger amounts or corporate structures.
Typical court procedures include:
Case conferencing with the prosecution
Negotiating to reduce or drop some charges
Gathering expert evidence (e.g. accountants or medical experts)
Submitting character references and repayment plans
If the matter proceeds to sentence, we advocate for leniency using every available legal and personal factor. Refer to this Fraud Sentencing Report (PDF) for recent statistics and judicial commentary.
Alternative Outcomes and Diversion Options
Depending on your situation, we may recommend approaches to avoid a criminal record. These include:
Applying for a Section 10 dismissal
Negotiating a Conditional Release Order (CRO)
Restitution or repayment agreements with affected parties
Mental health applications under Section 32
We work closely with external services like Financial Counselling Australia and mental health providers to support your defence where needed.
Corporate Fraud Allegations
In corporate or professional settings, fraud allegations can destroy reputations. We’ve advised business owners, CFOs, HR officers, and junior staff facing internal audits or whistleblower complaints.
We assist with:
Crisis legal response during internal investigations
Review of electronic evidence and IT logs
Liaising with ASIC, AFP, or internal legal teams
Mitigating reputational damage while protecting legal rights
Why Choose Best Sydney Criminal Lawyers?
We are trusted by professionals, small business owners, and individuals from all walks of life because:
We’re discreet, strategic and thorough
We offer honest advice, not fear tactics
We’ve defended fraud charges from $2,000 to over $2 million
We know how prosecutors, banks and regulators operate
Our goal is always to protect your future. Read verified experiences from clients and more on our Criminal Lawyer Sydney page.
Get the Right Advice – Early
Fraud investigations are often won or lost before you step into court. Don’t wait for a formal charge to act. Call (02) 8806 0866 or visit our contact page now to speak with a fraud lawyer who understands the stakes.
We’ll treat you with respect — and fight hard to give you a second chance.
FAQs
Your Questions Answered
What is considered fraud under NSW law?
Fraud in NSW is defined under Section 192E of the Crimes Act 1900. It refers to intentionally using deception to gain a financial or material benefit, or to cause someone else loss. This includes Centrelink fraud, identity fraud, credit card misuse, and false business claims.
What is the maximum penalty for fraud in NSW?
The maximum penalty is 10 years in prison if the case is heard in the District Court. Less serious matters may receive fines, community service, or a good behaviour bond. Sentencing depends on the scale of the fraud and whether it was ongoing or isolated. You can read more on NSW Sentencing Council.
Can I go to jail for Centrelink or NDIS fraud?
Yes — even small false claims can lead to a jail sentence. However, if you’re a first-time offender, the court may consider a Section 10 dismissal or conditional release order. Legal advice is critical in minimising penalties or avoiding conviction.
Should I speak to police or investigators if I'm being accused of fraud?
No, not without legal advice. Anything you say can be used against you. If contacted by police, Services Australia, or ASIC, contact a lawyer immediately. You can read about your rights during questioning on LawAccess NSW.
Will fraud charges affect my job or travel visa?
Yes. A criminal record can have serious consequences, including loss of employment, security clearances, or visa eligibility. Many fraud offences are considered crimes of dishonesty and can disqualify you from working in finance, law, government, or education. It’s important to get legal help to protect your future.
Can I negotiate with the prosecution to drop my fraud charges?
Yes — in many cases, our lawyers negotiate with prosecutors to have charges downgraded, withdrawn or diverted. Early action can make a huge difference. This may involve restitution, cooperation, or showing you lacked dishonest intent. We discuss all strategic options in your first consultation.
What kind of evidence is used in fraud cases?
Common evidence includes emails, bank records, accounting documents, CCTV footage, or witness testimony. We review every detail and may consult forensic accountants or digital experts to challenge the prosecution’s narrative.
How much does it cost to defend a fraud charge in Sydney?
Legal costs vary based on the complexity of the case. We offer fixed-fee quotes for most fraud matters and transparent billing. You’re encouraged to contact our team at (02) 8806 0866 or visit our contact page for tailored advice.
What should I do if I’m under internal investigation at work?
Speak to a lawyer before providing any documents or statements. Many fraud investigations start with an internal audit. We advise professionals and business owners discreetly to avoid self-incrimination or loss of reputation. You can also explore employment protections at Fair Work Ombudsman.
Can fraud cases be heard in Local Court?
Yes, most summary fraud offences under $100,000 can be heard in the Local Court. More serious matters may be referred to the District Court. A lawyer will help assess the jurisdiction and prepare your defence accordingly.