Fraud Investigation, Townsville Private Investigator
Fraud is a deception, inducing someone to perform or not perform an act, or to make an omission, by deception. It usually involves the transfer of an asset, or a benefit, to another. For fraud investigations, phone 07 47788970, we provide free quotes.
Fraud against the Commonwealth is the most common fraud offence presented to a court in Australia. This includes tax fraud, social security fraud, and company fraud. There are many specific statute provision, but general fraud against the Commonwealth is covered by Sections 134 and 135 of the Commonwealth Criminal Code.
In Queensland fraud is generally covered by Section 408C of the Criminal Code (Queensland), and Chapter 40 for some specific offences.
Both these pieces of legislation have an implied intent, a fraudulent intent. Intent is not something that you can generally prove, but it is implied by the surrounding circumstances... if someone held themselves out to be something they are not, to gain a benefit, then the surrounding circumstances imply that they had a fraudulent intent. The words of the charge often include 'with intent to defraud'.
Fraud is often used to describe deception by an employee, where they convert goods, divert clients to their own business, or divert money (it may also be called 'stealing as a servant' in some circumstances, it may be a breach of employee obligations in other circumstances). This form of deceptive behaviour can destroy a business, as it often goes on for a long time, and is often only discovered by chance, after the business has been bled dry.
There is fraud found in the submissions of a CV, where the achievements of a person are exaggerated (not usually a criminal offence, unless it is a more extreme case, such as manufacturing qualifications). There is fraud in advertising, but some of this is quite legal, and referred to as 'puff' i.e. 'this is the best thing since sliced bread', 'the juice of six oranges in every bottle (who knows..)' etc. To be criminally fraudulent it must go further than advertising 'puff', an investigator can reference case law, when looking at this aspect.
Criminal fraud, often associated with high pressure selling, boiler room operations, telephone scams, relationship scams, real estate scams, trustee and director fraud, phoenix companies in the building industry, fly by night operations, scams targetting the elderly, or lonely, and many other activities. The days of the 'forge and utter' cheque scam have gone, and been replaced by a myriad of electronic scams.
A more common form of fraud investigation, for the private investigator, is Workcover fraud, workers compensation fraud. This is either a fraudulant claim, for an injury not sustained at work, or a claim where the injury is exaggerated, or the recovery masked. For some these claims go on for years, as they await the final 'payout'. Early in an investigation we conduct factual investigations, later in the investigation it is about surveillance, to compare real world restrictions with claimed restrictions.
A real fraud investigation is expensive, and time consuming, generally. You may also require the services of a solicitor to apply for a civil warrant. There are times when we are employed to make the initial inquiries, and establish if there is enough evidence to interest the police.
When you, or your business, have been the subject of a fraud, and believe it needs to be investigated, call us. We investigate fraud.