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VIC Can I be Charged with Fraud?

Discussion in 'Criminal Law Forum' started by craz, 18 November 2015.

  1. craz

    craz Member

    18 November 2015
    Likes Received:

    In the company I am working in, I helped setup a new payment channel. During the development phase, I setup a PayPal account using my email address and shared it with the team. After the project, the payment channel had been running smoothly for over a year and the payments go into the company PayPal account.

    However, in a promotional event, somehow the rebate of $50K is sent to a PayPal account that we used during development in June. I am unsure how this happened. I have no knowledge of this at all. From PayPal, the money has been withdrawn to my bank account linked to the PayPal account. I did not trigger the withdrawal and I was unaware of it happening. It came to my attention only recently after the company looked into and looking through my bank account, I have been using money from the same bank account since August for the last few months.

    Can I be charged with fraud if they pursue the matter? I tried to explain to them that I had no idea. Only this promotional event seemed to trigger the payment to that account and they were adamantly hinting that I took it intentionally and want to hand it to the police. I have no evidence to prove otherwise. I am freaking out.

    Please help. What options do I have and is it serious?

    I am prepared to give it back because I didn't know and do not need the money to begin with.
  2. Louise4007

    Louise4007 Well-Known Member

    8 November 2015
    Likes Received:
    Hi craz

    Obtaining financial advantage by deception is an offence under the Crimes Act 1958 section 82 & carries with it a maximum sentence of 10 years imprisonment if an offender is found guilty.

    'Deception' means under section 81 Crimes Act 1958

    a) deliberate or reckless words or conduct by fact or law that present intentions of the person or any one else using deception and;

    b) includes and act or thing done or omitted with the intention of causing i) a computer system or ii) a machine designed to operate by means of payment or identification

    to make a response that the person doing or omitting to do an act or thing is not authorised which causes a computer system or machine to react in such a way.

    • If these elements can be proven an offender may be sentenced to a maximum of 10 years imprisonment.
    • If actually charged with such an offence or any similar offence it would be in your best interests to connect with a lawyer ASAP
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