Obtaining property by fraud as a bankrupt
The Maximum Penalty for this Offence is Three Years Imprisonment and/or a $19,800 Fine.
In Bankruptcy Matters, a Fine is an Unlikely Result.
What Court is Likely to Hear the Matter
This matter is can be dealt with in either the Local or District Court depending on how serious it is.
If you think you may have breached a law or regulation in your role as an employee or company director, you need to seek urgent advice. Make sure your interests are fully protected. Talk to one of our team of specialist corporate crime lawyers today.
Common Ways in Which this Might Occur
- You apply for a credit card and when asked whether you’re an undischarged bankrupt, you say no.
- You purchase goods on credit and don’t inform them of your bankruptcy .
What the Prosecution Must Prove – the Elements of the Offence:
- That you are a bankrupt;
- That you obtained property or credit;
- The obtaining of the property or credit was dishonest.
It is an offence under the Bankruptcy Act to obtain property or credit by fraud after becoming a bankrupt.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in corporate crime and will be able to guide you through the process while dealing with the various authorities related to your matter.