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(07) 5532 3133

 

Corporate Crime/Fraud Case Studies

WHITE COLLAR:

Disclaimer: Please note that this case study shows actual results from our files. The name of the client has been omitted and some details have been changed or omitted to protect our client’s confidentiality. Details of the charges and the penalties imposed have not been altered. Case studies are published to show real outcomes which may assist those facing similar charges. Obviously each case is unique, and we cannot guarantee that we will achieve the same result in your matter. Case Studies are published at our discretion. While most studies show average results, a few a show exceptional outcomes achieved.

 

Category:                 White Collar

Court:                        Southport District Court

Charges:                   10 Counts of Obtaining Financial Advantage by Deception, s134(1) Criminal Code

Trial/Plea:                 Guilty 

Maximum

Penalty:                     10 years for each offence

Summary:                

Our client lodged 10 false BAS returns relating to two separate businesses, thereby obtaining a substantial refund from the ATO.  Submissions were made on behalf of the client as to the client’s difficult early life, complex medical conditions, anxiety and depression, concerns about the prison environment and social support.

Result                       

The client was convicted and sentenced to two years for each of the 10 counts, to be released after 2 months. Client was placed on a recognizance of $1000 for 2 years and was ordered to pay reparations.


 

Category:                 White Collar

Court:                       Ipswich Magistrates Court

Charges:                   Extortion

Trial/Plea:                 No plea entered

Maximum

Penalty:                     Life Imprisonment

Summary:                 Client was accused of sending a fax which threatened detriment to the recipient, namely adverse publicity and legal proceedings, if it did not pay compensation for defective work and an additional sum of money to client. Potts Lawyers was able to resolve the matter by way of referral to justice mediation.

Result                        No evidence offered. Charges dismissed.


 

Category:                 White Collar (Fraud)

Court:                       Southport Magistrates Court

Charges:                   Fraud            

Trial/Plea:                 Not Guilty                             

Summary:                

Client, who was a professional person, was accused of making false claims for a number of allowances from the client’s employer, which resulted in the client being overpaid by a substantial amount. Client maintained that the discrepancies were the result of errors by employers.

Result                       

The matter was resolved by way of Justice Mediation and charges were discontinued.


 

Category:                 White Collar (Fraud)

Court:                        Southport Magistrates Court         

Charges:                   Obtaining or Dealing with Identification Information   

Trial/Plea:                 Guilty 

Maximum

Penalty:                     3 years imprisonment

Summary:                

Client, who was in financial difficulty, was convinced by an acquaintance to provide him with details of credit cards obtained at the client’s place of employment in return for him paying some of her bills and small cash payments. Potts Lawyers made submissions on behalf of the client as to the client’s personal background and circumstances, early plea of guilty, genuine remorse, co-operation with the police and lack of criminal history.          

Result                       

Client was placed on a community service order and ordered to perform 150 hours of unpaid community service.


 

Category:                 White Collar

Court:                        n/a – Legal Services Commission           

Charges:                   n/a- Two complaints of unsatisfactory professional conduct and professional misconduct              

Trial/Plea:                 n/a

Maximum

Penalty:                     Commencement of disciplinary proceeding which could result in amendment, suspension or cancellation of practicing certificate

Summary:                

Our Client is a Lawyer who received a complaint of misconduct. While this complaint was ongoing the client received a further complaint in relation to another matter. Potts Lawyers submitted a comprehensive response to the complaints on behalf of the client and liaised with the LSC on the client’s behalf.

Result:                     

 A representative of the LSC found that there was no public interest in commencing disciplinary proceedings against the client. No further action was taken on the complaints.


 

Category:                 White Collar

Court:                        Queensland Civil and Administrative Tribunal (QCAT)           

Charges:                   Complaints of unsatisfactory professional conduct and/or professional misconduct                       

Trial/Plea:                 n/a Client admitted that conduct amounted to lesser charge of unsatisfactory conduct

Maximum

Penalty:                    

At the discretion of QCAT includes such orders as public or private reprimand, Amendment, Suspension or cancellation of Practicing Certificate

Summary:                

Our Client is a Lawyer who received a complaint. The client only instructed Potts Lawyers to act after the matter had been referred by the Legal Services Commissioner to QCAT for prosecution. The Commissioner argued that our client should be publically reprimanded for his conduct. Potts Lawyers, made submissions on behalf of the client that the breach was minor. Potts Lawyers further submitted that our client’s only penalty should be to pay the Commissioner’s costs.

Result:                      

The Tribunal agreed that the breach had been a minor one and our client was ordered to pay the Legal service Commissioners fixed costs of $2,500 within 90 days.


 

Category:                 White Collar

Court:                        n/a – Legal Services Commission           

Charges:                   n/a- Complaints of unsatisfactory professional conduct and professional misconduct                       

Trial/Plea:                  n/a

Maximum

Penalty:                     Commencement of disciplinary proceeding which could result in amendment, suspension or cancellation of practicing certificate

Summary:                

Our Client is a Lawyer who received a complaint of misconduct. Potts Lawyers submitted a comprehensive response to the complaints on behalf of the client and liaised with the LSC on the client’s behalf.

Result:                      

A representative of the LSC found that there were no reasonable prospects of a successful prosecution against the client. It was recommended that the Complaints be dismissed.


 

Category:                 White Collar

Court:                        n/a – Legal Services Commission           

Charges:                   n/a- Investigation by the Commission as to whether it was appropriate to institute proceedings for professional misconduct                      

Trial/Plea:                 n/a

Maximum

Penalty:                     Commencement of disciplinary proceeding which could result in amendment, suspension or cancellation of practicing certificate

Summary:                

Our Client is a lawyer who was placed on a good behavior bond for a minor criminal offence. Our client had voluntarily disclosed the offence to the Queensland Law Society. Potts Lawyers made submissions on behalf of the client arguing that in the client’s circumstances there was no public interest in commencing prosecution proceedings.

Result:                      

A representative of the LSC found that there was no public interest in commencing disciplinary proceedings against the client.

 

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