​What is Fraud?

​The legal definition of fraud describes it as a dishonest activity that causes a financial loss to an individual, company or corporation. To be considered fraud there must be an intention to deceive at the time of the incident. One of most common forms of fraud today is cyber fraud. This is when an individual gathers personal information often through phishing scams and uses it to steal money from a person or people.
 
If you have been charged or are being investigated for the crime of fraud, it is important that you take the right steps to protect yourself. Auckland fraud lawyer Daniel Schellenberg can help you build a case and ensure that you get the best legal representation available.

How Can A Fraud Lawyer Help?

​Speaking to a fraud lawyer, you will be able to benefit from my experience. I have dealt with many cases of fraud in the past and always provide the best defence for my clients. It is important that you speak to a professional fraud lawyer before your case proceeds any further. Without the advice from a lawyer, you may find that your situation gets worse.
 
For instance, it is usually quite difficult to track and prove a case of fraud. Instead, law enforcement agencies often push defendants towards thinking that they have more evidence than they do. They will then agree to admit to the act of fraud and can be found guilty of the crime. With a lawyer on your side, this can be avoided. I can discuss your options with you and proceed down a path that we have agreed is the best option for you. This might be pleading guilty or defending your innocence.​

​Fraud frequently asked questions

• The police are investigating me for fraud, what do I do?

  If you are under investigation for committing fraud, it is important you remain calm. You have the right to remain silent and refuse to answer any questions, this continues at all times even if you have been charged. You may find that without sufficient evidence the police cannot proceed any further than an investigation. Criminal fraud lawyers can help ensure that an investigation is handled fairly.

• Can police take my possessions to look for evidence of fraud?

  The police may demand that you hand over possessions such as laptops, cell phones, and documents to search for evidence of fraud. However, they will need a warrant to require you to do this. They will only be granted a warrant if there is already sufficient evidence that you have conducted or will conduct a fraudulent activity. If they do not have a warrant you do not have to give or show them anything.

• How will being convicted of fraud affect my life?

  Being charged with fraud can damage your financial prospects, your future earnings and your personal relationships. This is why you must arrange the best defence possible to protect your life. With a fraud lawyer on your side, you can fight any charges of fraud. In the past I have successfully helped a number of our clients avoid jail time and minimize financial loss. Contact me today and I will fight for you in a case of fraud allegations.

​Example Cases & Successful Outcomes

Fraud Case Example One:
​​Accessing a computer for a dishonest purpose x12 and dishonestly using a document x12. Client charged with stealing $85,000 from her employer by creating fake supplier invoices with her bank account on them. She then processed the fake invoices through the company payroll system. I negotiated with the Crown prosecutor to have the charges reduced to two representative charges instead of 24 charges. My client pleaded guilty, paid $20,000 in reparation and offered to pay the rest off in installments which was ordered. She was sentenced to six months home detention.

Fraud Case Example Two:
Using a forged document charge. The Police charged my client as a result of him being in possession of a fake ID. At the time of the offending he was aged 16 years old. When charged by the Police after the offending he was aged 17 years old. Instead of charging him in the Youth Court the Police charged him as an adult in the District Court. When the client was aged 18 the Police tried to lay a charge against him in the Youth Court. I argued that the Prosecution was an abuse of process and the Youth Court had no jurisdiction to hear the charge. The charge was dismissed.
 
Fraud Case Example Three:
​Obtaining by deception x2 charges. Client charged with purchasing items from Trademe with a stolen credit card. Client denied the offending. She told the police it wasn't here and named the person who had used her computer and Trademe account. The police did not believe her. She pleaded not guilty and proceeded to jury trial. On the day of the trial the Crown prosecutor offered no evidence. Charges dismissed.

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