Facts – Criminal Fraud
In this case we acted for the purchaser of a commercial property valued in the region of $2.2m. The real estate agent made representations including the amount of outgoings, that were substantially untrue. This is not the sort of matter usually taken on by criminal-lawyer-perth but it is was evident from the facts that there was, in addition to the untrue representations, criminal fraud. The client had been to the WA Police (WAPOL) Major Fraud Squad but had been turned away due to a lack of evidence.
Our Role – Preparing a Brief of Evidence
We examined a large volume of transactions associated with the formation of the contract including voluminous emails, letters, brochures and related marketing materials sent by the real estate agent to the client. What we discovered was that there was a prima-facie case of fraud. We then prepared a brief-of-evidence for WAPOL to consider. Needless to say that during the investigations it soon became known to the real estate agent what we had found and within days monies were refunded along with costs, much to the satisfaction of our client. In this particular case we did not follow up with WAPOL as to whether their investigations resulted in charges.
Lessons in Dealing with Police in Western Australia
This case shows that when a complaint is made to police sometimes the format of the complaint and most importantly the evidential basis grounding the complaint may be weak. As lawyers, we at criminal-lawyer-perth are able to take instructions on the details of your complaint and prepare, as in the above case, a brief-of-evidence which is often well received by WAPOL. We keep in contact with WAPOL to ensure that your complaint is moves forward, as well as making sure we are abreast of the investigative steps being taken and the results along the way. You are then constantly updated as to your complaint progress.
Author: Dr Marc Saupin, Legal Practioner Director, Barrister and Solicitor Criminal-Lawyer-Perth