How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Leon Your Own Question
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44340
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
12124641
Type Your Australia Law Question Here...
Leon is online now
A new question is answered every 9 seconds

I had an employee (Joseph Couscouris) who I released from

Customer Question

I had an employee (Joseph Couscouris) who I released from the company when he was sentenced to 9 months prison in Victoria (Dhurringile prison).
Unbeknownst to me, Joe had set up a Paypal account in his wife's name to debit my Company Bank account, absconding approx $11,000 over 14 months.
I have raised this issue with both my bank and Paypal, and both are assisting in recovery.
What I need is to find out if Joe Couscouris is currently out of prison on parole - I am 90% certain; If so, I would like him to be hel accountable by the law.
Are you able to assist me in finding:
1) Is Joseph Couscouris currently on parole (released from prison on 26July16)?
2) Is it possible to get the court transcripts from his case (15-Oct-15 in the County Court of Victoria; NAME: COUSCOURIS, Joseph CASE#: CR-15-01275 ; Judge: TINNEY
)
Submitted: 10 months ago.
Category: Australia Law
Customer: replied 10 months ago.
I would also like a history of Joseph ******, as I now know that he was convicted of fraud in 1991 and again in 1993, inaddition to his recent sentence for fraud.
How can I get a history of criminal activity by Joe?
Customer: replied 10 months ago.
FOR UPDATE/INFORMATION: Joseph Couscouris was released from prison on 26Jul16 - after serving a 9 month prison term.
Expert:  Leon replied 10 months ago.

Good Morning

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 I am very limited on what I can tell you and that you may have to get more detailed advice.

You need to contact the police and report this. It is fraud.

The police will be able to advise if he is in prison still or not.

Alternatively you can call the department of creative services and they should be able to assist you on whether he is in prison or not.

You cannot get a transcript because you are not a party to the proceedings.

You need to inform the police and give them everything you have.

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 10 months ago.
Thank You Leon
I have filed a police report with the NSW police re: the fraud, but I am awaiting their case# ***** reference.
In particular; I would like to know:
1) Is Joe Couscouris currently on parole (this latest fraud would make him VOP)
2) Am I able to get a history of Joe's criminal history (I had sent you the ACCU report for 2015/2016; but I also now know that Joe was conviced of fraud in 1991 and 1995 - in addition to many complaints about him in the 2000's)Thank You for your help!Kind Regards
Darryl
Customer: replied 10 months ago.
Leon
Also, I do not see any legal-aid agency associated with my search for your suggestion for me to contact the "department of creative services" - can you provide a URL or phone number?
Expert:  Leon replied 10 months ago.

Good Morning

He may not be in breach of his Parole because he set this up before he was placed on parole.

You will only get a copy of his criminal history if the police press charges and there is a hearing. It will be handed up ion court if he is found guilty. This is the only time you can see it.

Legal Aid will not assist you.

Here is the link for corrective services

http://www.corrections.vic.gov.au

All the best and good luck

Customer: replied 10 months ago.
Can I sue Joe and Donna Couscouris in court? If so which one (my preferrence would be Local Court)?
Joe set up the illegal paypal account to my company bank using his wife's name:Donna Couscouris, and Joe used it numerous times; Also his wife also used this account, I know this because about 20 Paypal transactions took place WHILE Joe was in prison! (Joe was incarcerated from 22Oct15 to 26Jul16 for fraud - mainly in the Dhurringile Prison)
I asked Donna about these, and she said Joe told her to, and that she would repay me as soon as they were able to.
Can I sue Joe and Donna Couscouris in court? If so which one (my preferrence would be Local Court)?
Expert:  Leon replied 10 months ago.

You can sue them both but you have to prove that he committed the fraud. The suing is for a debt recovery.

For the fraud it is a police matter.

The paypal account is in his wife's name so you join her.

You have to show that he set it up.

Do not rely on telephone conversations get things in writing.

Send a letter of demand to both of them and demand they repay the money.

You would sue them both.

Customer: replied 10 months ago.
Thank You Leon
I have the proof of bank transfers (sent as attachment last msg), and also phone conversation with Donna she admitted it; I also have a 1-sided email from 30May16 outlining the debt/offence (from me to Donna - no email response - see attachment)
I would like to start proceedings, can I start these proceedings in the Local Court near me (I live about 75 minutes north of Sydney)?
In addition to a Letter Of Demand?
Also, in addition to the police report (fraud)?
Expert:  Leon replied 10 months ago.

Good Morning.

The phone conversation will be your word against hers.

You can start in the local court closest to you.

The following link is the process for debt recovery.

https://www.artslaw.com.au/info-sheets/info-sheet/debt-recovery-small-claims-procedure-nsw/

Only the police can charge him with fraud. You cannot it is a criminal offence. You can raise it in your claim but the court will not deal with the criminal aspect in your debt recovery matter. Only the police can have him charged.

I hope this is all clearer. 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