Fraud Investigation
Fraud investigation by a private investigator, phone 1300 966 103, email info@goldcoastprivateinvestigator.com.au, text only to 0427 703 120, or use our 24/7 online form Contact Us, for a free quote. Ex-police and experienced private investigators, to investigate for business and the private person.
Fraud is simply the obtaining of a benefit, advantage, reward, or inducing another to act, or not act, in a certain way, by deception. It must go further than advertising 'puff' (e.g. this is the best thing since sliced bread!), or a random comment. It is often associated with ponzi schemes, 'boiler room' 'get rich quick' operations, cold call selling, door to door scams, matters targeting the elderly, trusted employees 'milking' the business, fraudulent false accounting, falsification of records (e.g. inflating figures for a loan), cheque fraud, tax evasion, stealing as a servant and masking the actions (e.g. casting blame on another), Government money payments (including training scams and payments for fictional actions, false social payment claims), phoenix building company scams, Trustee and Director deceptions, and Workcover or Workers Compensation claims. As can be seen, the description 'fraud' covers a wide range of sins, and has come a long way from the original 'forge and utter' fraud of previous times. In Queensland it comes under Section 408C of the Criminal Code, as well as Chapter 40 for other similar offences. For Commonwealth offences you need to look at Sections 134 and 135 of their Criminal Code (the Commonwealth offence takes precedent over the same actions constituting a State offence, as a result of the actions of the S.109 of the Constitution).
The 'simple' elements of the investigation relate to the often asked questions of how, what, when, where and who. You must show a benefit was received (e.g. money or goods, as the result of the fraud), or influence over an action occurred (e.g. told another not to buy a property because of termites, then buy yourself> know no termites), and that the actions were intended to defraud (an accidental small over payment, not picked up by the receiver, is not fraud, nor is the accidental payment of an account twice where no-one is aware of it). There is an implied element of intent, as the Act refers to 'dishonest', this is taken as an 'intent to defraud'.
That the person offers to pay, or make right, after the action is discovered is irrelevant, except for penalty. There are times when the fraud becomes much more complex, when there are multiple players (or it becomes industry or department wide), or where it extends over years. It can be difficult to prove where the offender holds a position of power (in Government, in the Public Service, or in a corporation wholly owned by the Government, or a company director or senior employee), as these people are 'protected', and their sins hidden; there is a cringe about washing 'dirty laundry' in public. These 'positions of power' often see people 'let go', occasionally with a glowing resume and reference, rather than deal with their actions.
That the person offers to pay, or make right, after the action is discovered is irrelevant, except for penalty. There are times when the fraud becomes much more complex, when there are multiple players (or it becomes industry or department wide), or where it extends over years. It can be difficult to prove where the offender holds a position of power (in Government, in the Public Service, or in a corporation wholly owned by the Government, or a company director or senior employee), as these people are 'protected', and their sins hidden; there is a cringe about washing 'dirty laundry' in public. These 'positions of power' often see people 'let go', occasionally with a glowing resume and reference, rather than deal with their actions.
The time to investigate is when you first form the suspicion. An initial investigation is launched, to establish if an offence has occurred, and identify areas which warrant further investigation or examination. This investigation needs to locate, examine, and preserve, evidence of a money trail, false documentation, or the shifting of assets. In some cases the assistance of a solicitor or barrister is required, to apply for a civil warrant. There are times when you need to build a case for presentation to the Police, to force them to act. It is possible for a trusted employee to commit sustained fraud over many years, and bleed a business dry, before anyone becomes aware of it. Sometimes it only becomes apparent when they take leave, or some other occurrence brings something to light. When you need to investigate fraud, call us.
The more 'run of the mill' investigation relates to Workcover, Workers Compensation, claims, and people falsely claiming the injury as work related, exaggerating the injury, or failing to report a recovery, with an eye to a big 'payout'. Some of these are dealt with by surveillance, to compare real world restrictions with claimed restrictions.
An area related to fraud is 'false evidence', or lying in a court or tribunal. It has been noted in recent times that in some settings it seems the best liar wins, with false affidavits handed up, unless you are fully prepared ... There is a Section of the Queensland Criminal Code, Section 183, that refers specifically to this but it is rarely used, as well as Section 123 and 123A for perjury, giving false or conflicting evidence in court.
Fraud is also related to the twinned offences of stealing and receiving, as well as stealing by finding (if the rightful owner could reasonably be found). If you need to investigate a fraud be aware that it can be a long and drawn out investigation (read expensive), for more complex matters, requiring multiple experts in their field. When you need a Gold Coast private investigator, call us for assistance.