We offer you a free 20 minute no obligation consultation that includes case evaluation and cost estimate.
Please call us on 02 8539 7475 or email us for a call back.
Fraud and internet scams, including fake vendor purchases, intercepted and fraudulent invoices, and unauthorised access to bank accounts or credit cards, are typically treated as civil rather than criminal matters by law enforcement. Brander Smith McKnight acts for victims, using subpoenas, freezing orders and search orders to identify perpetrators and recover funds or assets.
In recent times there has been an increase in the incidence of fraud and internet scams. This is a reasonably new area of law that unfortunately tends to be treated as civil rather than a criminal matter by law enforcement. The fraud lawyers at Brander Smith McKnight have expertise in these areas and have recovered large amounts of money for affected victims. Our experienced lawyers can help you.
Call us to arrange a free 20 minute no obligation consultation with a Sydney Lawyer or a Parramatta Lawyer or a Sutherland Lawyer or a Wollongong Lawyer that includes case evaluation and cost estimate.
Examples of Fraud and Internet Scams
- The victim has purchased a product over the internet and finds that the vendor is fake and the product doesn’t arrive.
- The vendor is legitimate but a fraudulent invoice is issued due to the illegal interception of the invoice and the resending of the invoice with the bank account details of the perpetrator of the fraud.
- The perpetrator directly accesses the victim’s bank account or credit card and fraudulently withdraws their funds.
In these cases, the victim (known as the plaintiff) will have a very strong legal case. However, the problem arises when trying to identify or locate the perpetrator (known as the defendant). By the very nature of the crime, the perpetrator will make every effort to conceal their identity and location.
Legal Procedures to Combat Fraudulent Activity and Recover your Funds or Assets
The fraud lawyers at Brander Smith McKnight are proud of being able to recover client’s funds and assets despite the difficult circumstances posed by the nature of internet fraud.
Subpoena Bank Accounts
In ordinary circumstances, a bank will not provide details of its clients due to its obligations to protect its clients private information. However, a subpoena compels the bank to provide the information and this prevails over any of the banks privacy obligations. These mechanisms are set out in the Uniform Civil Procedure Rules 2005, part 33 (NSW). This forms part of the preliminary discovery to identify the owners of the bank accounts. The BSM fraud lawyers will act quickly to subpoena the details of perpetrator’s bank accounts.
Freezing Order
The lawyers approach the courts to make an urgent application for a freezing order over the relevant bank accounts. This is in the form of a notice of motion with a supporting affidavit. The rules relating to the freezing order are contained in the Uniform Civil Procedure Rules 2005 part 25, division 2(NSW).
A freezing order, also known as a Mareva injunction asset preservation order (after an English legal case) is normally obtained without notice to the perpetrator and prior to serving any legal documents on them. This enables the process to be completed quickly and without alerting the perpetrator who would otherwise attempt to remove the funds from the bank account.
The purpose of a freezing order is to make sure that the funds are preserved so that a judgement or prospective judgement can be satisfied. A freezing order can be granted by both the District and the Supreme Courts of NSW.
Once the funds are frozen the fraud lawyers at Brander Smith McKnight take the necessary legal proceedings to obtain and enforce the judgement to recover any funds in the frozen bank accounts.
Search Order
A search order is an order granted by the court allowing the victim’s lawyers to preserve evidence needed to prove the victim’s claim where there is a danger of:
- destruction of evidence
- concealment of evidence
- removal of evidence from the jurisdiction
A search order is also known as an Anton Pillar order of court (after an English legal case). The court order permits the victim’s lawyers, in the presence of an independent supervising lawyer, to:
- enter the perpetrator’s premises
- search the premises
- copy relevant documents
- remove property from the perpetrator’s premises
The search order is normally obtained without notice to the perpetrator to avoid the risk that the perpetrator may destroy, conceal or remove evidence. The rules relating to search orders are contained in the Uniform Civil Procedure Rules 2005, part 25, division 3 (NSW).
Call us to arrange a free 20 minute no obligation consultation with a Sydney Lawyer or a Sutherland Lawyer or a Parramatta Lawyer that includes case evaluation and cost estimate.
FAQs
How can BSM fraud lawyers help a victim of fraud or internet scam?
At Brander Smith McKnight law firm Sydney, we have expertise in addressing fraud and internet scams, a growing area of concern. We help victims by pursuing civil litigation against perpetrators. Despite the complexities associated with internet fraud, we have been successful in recovering large sums of money for our clients. The prospects of recovering any lost funds are greatly improved where the funds have been transferred into the perpetrator’s bank account rather than bitcoin or other untraceable accounts.
What are some examples of fraud and internet scams that BSM Law can help with?
We can assist where a person has purchased a product over the internet from a fake vendor and the product doesn’t arrive, fraudulent invoices are issued due to the illegal interception of the invoice, a person has been enticed to invest in a financial product and receives no return, or the perpetrator directly accesses the victim’s bank account or credit card and fraudulently withdraws their funds.
FAQ
There are currently limited situations when the bank is responsible for a fraudulent transaction. For a detailed analysis of this issue see our article Is my Bank Responsible for a Scam Transaction?
How does BSM identify or locate the perpetrators of fraud and internet scams?
One of the challenges in these cases is identifying or locating the perpetrator, who often tries to conceal their identity and location. To combat this, we can issue a subpoena to banks to compel them to provide information about the perpetrator’s identity and bank accounts, which helps us identify the owners of these accounts. Our experienced lawyers can also undertake searches of property and assets and where the perpetrator is a company, searches of the company to identify directors.
What is a freezing order and how do Brander Smith McKnight lawyers use it?
A freezing order, also known as a Mareva injunction or asset preservation order, is a legal tool we use to ensure that the funds in the perpetrator’s account are preserved for the purpose of satisfying a judgement or prospective judgement. Our experienced lawyers can apply for a freezing order from the District and Supreme Courts of NSW, which is done without notice to the perpetrator to prevent them from moving the funds.
What is a search order and how does BSM Law use it?
A search order, also known as an Anton Pillar order, allows us, in the presence of an independent supervising lawyer, to enter the perpetrator’s premises, search the premises, copy relevant documents, and remove property. This is done without notice to the perpetrator to prevent the risk of destruction, concealment, or removal of evidence.
Are there specific legal procedures to help the victims of fraudulent activity and recover funds or assets?
Yes, our fraud lawyers employs several legal procedures including the issuance of subpoenas to banks, obtaining freezing orders to secure funds in bank accounts, and securing search orders to preserve critical evidence.
How quickly can BSM Law act in a fraud or scam case?
We understand the urgency of these situations and act quickly to subpoena bank accounts, apply for freezing orders, and take the necessary legal proceedings to obtain and enforce the judgement to recover any funds in the frozen bank accounts. The earlier action is commenced, the greater the chances of recovery. For further information, contact BSM lawyer Sydney for a free 20 minute consultation.
Do you offer a free initial consultation for victims of fraud and internet scams?
Yes, we offer a free 20-minute, no obligation consultation that includes case evaluation and cost estimate.
Are fraud and internet scams considered civil or criminal matters?
Although fraud and internet scams can involve criminal actions, they tend to be treated as civil matters by law enforcement. BSM fraud lawyers can help you navigate these complex issues and uses civil legal proceedings to assist and provide you with legal recourse to recover your assets. Contact Brander Smith McKnight law firm Sydney for a free 20 minute consultation.
How can BSM Law assist me if I received a fraudulent invoice?
If you’ve received a fraudulent invoice, our fraud lawyers can help by taking necessary legal actions against the perpetrator. This process includes identifying the bank accounts of the perpetrator, applying for a freezing order to prevent further withdrawal of funds, and initiating legal proceedings to recover the funds.
Is the government doing something about bank scams?
Yes, the government has proposed a Treasury Laws Amendment Bill using a Scams Prevention Framework to address the issue of bank scams. In particular, the issue of bank responsibility. This is due to occur sometime in 2024. For more information, see our article on bank scams.
Our Locations
Sydney CBD
Level 57 25 Martin Place Sydney NSW 2000
Sutherland
Suite 2/9 15 East Parade Sutherland NSW 2232
Parramatta
Level 14, Suite 2/3 Parramatta Square Macquarie Street Parramatta NSW 2150
Wollongong
Level 1, Suite 1 90 Market Street Wollongong NSW 2500
Shellharbour
Unit V20, Shop 1 4 Benson Avenue Shellharbour City Centre NSW 2529
Suite 2/9 15 East Parade Sutherland NSW 2232
Level 57 25 Martin Place Sydney NSW 2000
Level 14, Suite 2/3 Parramatta Square Macquarie Street Parramatta NSW 2150
Level 1, Suite 1 90 Market Street Wollongong NSW 2500
Unit V20, Shop 1 4 Benson Avenue Shellharbour City Centre NSW 2529
Your Fraud and Internet Scams Team
Get in touch
Please call us on 02 8539 7475 or complete the enquiry form below for a response within 24 hours Monday to Friday.
