Misappropriation of Funds Offences
What is Misappropriation Fraud?
Misappropriation Crimes involve an employee of a business, using their position of authority of authority to steal funds and assets that would otherwise normally belong to the business, through fraudulent conduct.
It usually involves employees stealing cash, but it can also include data and intellectual property, false claims and invoices.
It does not include the stealing of physical assets such as computers, office equipment and furniture or stationery.
The rank of the person within the hierarchical structure of the business is irrelevant as the misappropriation of the funds can be committed by anyone within the organisation.
Misappropriation Fraud & The Law
This offence can be charged under the normal charge of Fraud covered in Section 192E of the Crimes Act 1900.
What the Prosecution need to Prove (Beyond a Reasonable Doubt):
The accused received a sum of money or security assets; and
The accused was supposed to use the sum of money to pay for another business purpose; and
The accused intentionally failed to account or make the payment to the other party, for the money which they received, and subsequently kept the money for their own benefit
Going to Court – “What am I looking at?”
Misappropriation of funds and assets is a very serious offence, carrying a maximum penalty of up to 7 years imprisonment.
Lawyer Call - here to help..
If you have been charged with Misappropriation Fraud, contact one of our offices today and seek the legal assistance of experienced professionals in this field.
At Lawyer Call we will conference with you regarding your circumstances that gave rise to this charge and offer expert legal opinion on how to best deal with your Court proceedings.
Contact our experienced team of Defence solicitors to obtain appropriate and honest legal advice regarding the prospects of defending this charge and the best course to proceed when going to Court.
Alternatively, if a plea of guilty is more appropriate in the circumstances, our Lawyer Call Defence Criminal solicitors have in-depth preparation in gathering and analysing specific medical and supporting documentation to assist your case and make relevant sentencing submissions addressing the early plea of guilty, the value of the item, the circumstances of the offence, as well as any subjective factors that will present an overall picture to achieve the best possible outcome before a Magistrate and obtain a more lenient sentence.