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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43958
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I wanted some advice to see if I would be in trouble or if

Customer Question

Hi
I wanted some advice to see if I would be in trouble or if my broker licence would be in trouble. I was referred a loan from a good client of mine who I do alot of business with. I was initially told he wasn't working then, then told he was over email his brother was the first direct contact he then said he can "get payslips", the person who got me the deal said he just working with him so i submitted an application which was never approved as it was a constant battle to get payslips and info
I then was told client was casual then full time and the file and story just kept changing I then told the client I was dealing with alot delciate and busy files and did not have time for something not did not appear to be 100% legit, client contacts me again saying that his working for the same employer with signed employer letter and 2 payslips i have email from his ppayroll officer say she wasnt 100% comfortable doing the payslips which i forward to him i eventually told him i wont do this loan unless I have 3 months of salary credits he hasn't come back to me since, throughout the process he wanted me to liase with his brother which he gave me authority to do I have since been told that he was in workers comp case with a company named abc, the emails to the brother were from company abc, which was really stupid of them so I doubt he was ever working and he had friend who was helping him with the payslips, given i withdrew the application and took responsible steps to verify income and dug deeper once things seemed odd and ten asked for further evidence to review the file, can i be implemented in anything, i was told the applicant work cover case is over it was a bullying case and he was allowed to work again but still wants to sue company abc, if they go into his brothers emails and see our corrpsoendcne would i be in trouble at all, i was told he was working there withdrew the applciation and did persist until i had concerete proof of his employment
Submitted: 1 year ago.
Category: Australia Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Leon replied 1 year ago.

Good Evening

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

If you have not submitted the application, based on your belief of fraud then you are ok. But if you assisted them in getting a loan suspecting fraud and not doing your due diligence then you may have put your licence in trouble and also have possible fraud charges to face.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 1 year ago.
ok i responded to you on chat did you get it
Expert:  Leon replied 1 year ago.

The payment is failing for the call.

Customer: replied 1 year ago.
ok so this is the scenario there are some emails that can be interpreted the wrong way but i did lodge 1 application and was told payslips were delayed because client took time of then was casual and full time etc, it all didn't make sense so i withdrew the app, my fear is if client is still suing fair work and they dive into his brothers emails wheather then would i could be implmented in any attempted fraud
Expert:  Leon replied 1 year ago.

Good Evening

You can only be committing fraud if you allow an application to continue if you become aware that documents or information provided is false.

Then you have an issue.

If you have not been the one that has suggested fraud, what has happened is not your problem. You did the right thing withdrawing it when you started to get concerned.

Customer: replied 1 year ago.
ok should I report this or just leave it i have documented on a file note my concerns i fear for my safety if i report something in
Expert:  Leon replied 1 year ago.

Good Evening

There is no need to report anything as nothing has been done. If the loan was granted then you would have to report what you have discovered. But as it was not then you do not have to report anything.

The actual crime is to get the loan then the fraud has been committed. If the end result has not occurred there is nothing to report. I hope this makes sense and is of assistance.

Customer: replied 1 year ago.
Ok but fact I logdged it and some emails could be interpreted the wrong way could I then be in trouble for anything surely fact I withdrew it and asked client for full documentation supports I was doing the right thing
Expert:  Leon replied 1 year ago.

Good Evening

If the emails indicate clearly that they are lying and you have lodged it knowing that the information is false then you have a problem. But this is not how it appears to me form what you have said.

Customer: replied 1 year ago.
Hi mate the emails are somewhat vague but I could see how someone could interpret them the wrong way that's my fear is there anything I can do to support myself further apart from discontinuing contact with the client
Expert:  Leon replied 1 year ago.

What you need to do is to make a detailed statement for your own records as to what happened.

Print out the emails and all your requests.

Set out what caused you to withdraw the application

The sooner you do it the better.

Keep this on the file.

With this client you should also make sure that you are more thorough and get them to sign things before you do anything. Always get things in writing from them if you wish to continue the relationship

Customer: replied 1 year ago.
Ok if I do that do you think I have anything to worry about
Do you think fair work would actually go into his brothers emails and deleted items 6 months after this is
Expert:  Leon replied 1 year ago.

Good Evening

It will give you a stronger position if there is ever any investigation.

Fair work cannot do anything about the loan or your licence. They have no power.

If the emails incriminate the client and implicate him in fraud in relation to his claim for harassment it can result in him losing that case but it will not impact on you.

Customer: replied 1 year ago.
in your opinion if i write detail cover note to myself given i withdrew the application once i had better understanding of what was happening even though i was little loose but i had been been brokering for 6 months ok if the fair work see he attempted fraud i should be fine if i cover my myself with notes given no fraud took place
Expert:  Leon replied 1 year ago.

Good Evening

Yes.

Fair work should not do anything to you.

Customer: replied 1 year ago.
do you think they would go to the extent of contacting asic etc for to review myself as broker and the attempted applciation
Expert:  Leon replied 1 year ago.

Good Evening

I do not think so. You withdrew the application and the fraud did not occur.

Customer: replied 1 year ago.
awesome sorry about the questions im extremely stressed about it, but given nothing took place i will related detailed notes and leave it at that
Expert:  Leon replied 1 year ago.

It is all good

You make the detailed file notes and you will be ok and in the future put things in place so you are sure before an application is made.

All the best

You are very welcome and thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon