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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5242
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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Just would like to ask a couple of questions. I am aware of

Customer Question

Hello, just would like to ask a couple of questions. I am aware of a person who has profited from a Financial Biding Agreement which was created to defraud creditors. What action can be taken
JA: What state are you in? It matters because laws vary by location. Has anything been filed or reported?
Customer: This was drawn up in NSW
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have not reported this as yet
Submitted: 1 month ago.
Category: Australia Law
Expert:  Daniel replied 1 month ago.

Hello
It seems on the face of it, fraud / misleading / obtain money by deceptive conduct.
They can be charged criminally for the offence.

Such offences carry significant penalties, fines and custodial sentences.

CRIMES ACT 1900 - SECT 192E

Fraud

192E Fraud

(1) A person who, by any deception, dishonestly:

(a) obtains property belonging to another, or

(b) obtains any financial advantage or causes any financial disadvantage,

is guilty of the offence of fraud.

Maximum penalty: Imprisonment for 10 years.

(2) A person’s obtaining of property belonging to another may be dishonest even if the person is willing to pay for the property.

(3) A person may be convicted of the offence of fraud involving all or any part of a general deficiency in money or other property even though the deficiency is made up of any number of particularsums of money or items of other property that were obtained over a period of time.

(4) A conviction for the offence of fraud is an alternative verdict to a charge for the offence of larceny, or any offence that includes larceny, and a conviction for the offence of larceny, or any offence that includes larceny, is an alternative verdict to a charge for the offence of fraud.

Some lengthy references:

https://www.judcom.nsw.gov.au/publications/benchbks/criminal/fraud.html

I wish to help you in this situation.

Expert:  Daniel replied 1 month ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 1 month ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 1 month ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 1 month ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 1 month ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Customer: replied 1 month ago.
HI Daniel i received your answer not what i was looking for BUT the company has charged me twice I have sent an email to stop this straight away. I only asked for one question and got a reply that is it. Tell them to stop debiting my account and credit me for the second payment. STOP this now