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Intention to deceive members or creditors by false or misleading statement of officer of organisation

Offence title:

 

Intention to deceive members or creditors by false or misleading statement of officer of organisation

 

Act:

 

192H Crimes Act (NSW)

Offence:

An officer of an organisation who, with the intention of deceiving members or creditors of the organisation about its affairs, dishonestly makes or publishes, or concurs in making or publishing, a statement (whether or not in writing) that to his or her knowledge is or may be false or misleading in a material particular is guilty of an offence.

 

 

Penalty:

 

Imprisonment for 7 years

Summary/Indictable/mixed:

 

Mixed

Jurisdiction:

 

Local, District or Supreme Court

How committed:

 

·       A managing director who is aware of the financial difficulties of the business, publishes a document raising capital investment from creditors, without disclosing true financial state.

·       A director who has diverted funds from the business through false invoices, hides them by amending the audited accounts.

Important note:

·      In this section—

creditor of an organisation includes a person who has entered into a security for the benefit of the organisation.

officer of an organisation includes any member of the organisation who is concerned in its management and any person purporting to act as an officer of the organisation.

organisation means any body corporate or unincorporated association.

·      Dishonesty can be present even if there is a willingness to pay;

·      A single count of fraud can encompass a number of transactions;

·     If charged with fraud, but it becomes evident larceny (stealing) is appropriate a person may be convicted of larceny instead and vice versa.

·      To be guilty there must be an intent to permanently deprive the owner.

·      Property belongs to someone if they have possession or control of it, or a proprietary right or interest in it. It can include property in a trust and ownership can be those who have a right to enforce the trust.

 

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