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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
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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.
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.
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.
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
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.
Fair work should not do anything to you.
I do not think so. You withdrew the application and the fraud did not occur.
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
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