Fraud & Financial Crime Defence
Allegations of fraud, theft, or financial dishonesty can permanently destroy your career, your business, and your personal reputation. These investigations are often highly complex, involving thousands of pages of financial records, digital forensics, and scrutiny from specialized agencies like the Police Financial Crime Group or the Serious Fraud Office. You cannot rely on a standard defence. You need a formidable criminal barrister who understands how to deconstruct complex financial evidence and fiercely protect your professional standing. I provide meticulous, discreet, and highly strategic legal representation for individuals and corporate clients facing serious financial charges.
Fraud & dishonesty charges we defend
Obtaining by Deception
Defending against allegations of using false representation or deceit to obtain property, privilege, service, or financial advantage.
Theft in a Special Relationship
Handling highly sensitive cases involving alleged employee theft, embezzlement, or misappropriation of funds entrusted to you.
Money Laundering
Navigating complex charges involving the alleged concealment, transfer, or structuring of the proceeds of crime under the Anti-Money Laundering (AML) framework.
Forgery & Counterfeiting
Providing robust defence for accusations of altering, creating, or using false documents with the intent to deceive.
SFO & Regulatory Investigations
Advising clients undergoing intense scrutiny or compelled interviews by the Serious Fraud Office (SFO), Financial Markets Authority (FMA), or Inland Revenue (IRD).
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Forensic Evidence Review
Protecting Your Reputation
Strategic Negotiations
Defending against fraud charges in New Zealand
Lack of Intent (No Dishonesty)
You cannot accidentally commit fraud. If a financial discrepancy was the result of a genuine misunderstanding, poor accounting practices, negligent administrative errors, or bad business advice, it lacks the necessary criminal intent required for a conviction.
Claim of Right
Under New Zealand law, if you held a genuine, honest belief at the time of the act that you had a lawful right to the property or funds in question, you cannot be convicted of theft or fraud, even if your belief was legally incorrect.
Evidential Chain Deficiencies
The prosecution must prove the flow of money beyond a reasonable doubt. We aggressively challenge the admissibility and accuracy of digital evidence, exposing gaps in the prosecution's forensic accounting and highlighting alternative explanations for the financial data.
Corporate Entity & Liability
In business environments, it is often unclear who actually authorized a transaction. We work to prove that you lacked knowledge of the fraudulent activity occurring within the wider corporate structure, isolating you from criminal liability.
Fraud & dishonesty FAQs
Theft usually involves taking property that isn't yours. Fraud, like obtaining by deception, involves using dishonesty or false representation to get money, property, or an advantage you weren't entitled to.
No. Fraud requires dishonest intent. A genuine accounting error, misunderstanding, or bad business decision isn't a crime on its own, though the police may still need convincing of that.
The SFO investigates complex or high value financial crime, often involving businesses or significant sums of money. Being contacted by them is serious, and you should get legal advice before any interview.
You can apply for name suppression, though it's only granted in limited circumstances, generally where publication would cause extreme hardship. It's worth raising early if this is a concern.
It depends on the charge and your role in the business. Bail conditions can sometimes be negotiated to allow you to keep working, which is something your lawyer can push for from the outset.
Recent Case Outcomes
A selection of recent fraud and financial crime cases Annabel has successfully defended.