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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 3317
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I have been charged with four counts of fraud. In 2004 I signed

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I have been charged with four counts of fraud. In 2004 I signed a four documents that were agreements for four people to invest money into a restaurant. The funds went directly into a bank account and should have stayed there until the restaurant was refitted and ready to trade. I did not take the money out, but the man that was dealing with all the bank accounts and ASIC registrations did use the money. I thought I was a director of the company as I had signed all the forms and given them to this guy to lodge. The company was apparently nor ever set up. I don't understand because there was a bank account and you need the company documents to open a bank account. Anyway, it all went wrong and the restaurant went broke and the people ended up with nothing for their money. They sued me and I went bankrupt but now (9 years later) the fraud squad has charged me because I signed the agreements. I felt bad that they lost the money but I did not set out for that to be the case. I really liked the concept and it should have gone well but I was not in control. I have a lawyer but he has not said much as he doesn't have the charge details yet. There is a "committal hearing" in August.
Submitted: 9 months ago.
Category: Australia Law
Expert:  Daniel replied 9 months ago.
Hello

I would speak to your lawyer about this.

It may be outside of the limitation period to charge you.

9 years after the offence, in criminal matters such as this there is a limitation period well under 9 years.

The charged would be dismissed on that alone.

Please accept.

Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 3317
Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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