Fraud and Internet Scam Lawyers

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 lawyers at Brander Smith McKnight have expertise in these areas and have recovered large amounts of money for affected victims.  Our lawyers can help you.

Call us to arrange a free 20 minute no obligation consultation that includes case evaluation and cost estimate.

Examples of Fraud and Internet Scams

  1. The victim has purchased a product over the internet and finds that the vendor is fake and the product doesn’t arrive.
  2. 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.
  3. 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 civil and commercial litigation 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 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 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 that includes case evaluation and cost estimate.

Frequently Asked Questions

chevronHow can BSM Law help a victim of fraud or internet scam?

At BSM Law, 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.

chevronWhat 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.

chevronHow does BSM Law 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. We can also undertake searches of property and assets and where the perpetrator is a company, searches of the company to identify directors.

chevronWhat is a freezing order and how does BSM Law 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. We 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.

chevronWhat 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.

chevronAre there specific legal procedures to help the victims of fraudulent activity and recover funds or assets?

Yes, BSM Law 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.

chevronHow 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.

chevronDo 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. You can call us at 02 8539 7475 to arrange this consultation.

chevronAre 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 Law can help you navigate these complex issues and uses civil legal proceedings to assist and provide you with legal recourse to recover your assets.

chevronHow can BSM Law assist me if I received a fraudulent invoice?

If you’ve received a fraudulent invoice, our team 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.

Our Locations

Sutherland

iconSuite 2
9-15 East Parade
Sutherland 2232
Parramatta

iconLevel 14 Suite 2/3 Parramatta Square, Macquarie St,
Parramatta, NSW 2150.
Wollongong

iconLevel 1, Suite 1
90 Market Street
Wollongong NSW 2500
Sydney CBD

iconMLC Centre
Level 57, 19-29 Martin Place
Sydney NSW 2000
Suite 2
9-15 East Parade
Sutherland 2232
Level 14 Suite 2/3 Parramatta Square, Macquarie St,
Parramatta, NSW 2150.
Level 1, Suite 1
90 Market Street
Wollongong NSW 2500
MLC Centre
Level 57, 19-29 Martin Place
Sydney NSW 2000

Your Fraud and Internet Scam Legal Team

Mark Smith

Principal

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William Onishi

Senior Associate

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Sam Bailey

Senior Associate

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Kyle Dmoch

Associate

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Curtis Newbitt-Hill

Senior Lawyer

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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.