Success Story – Proceeds of Crime

In brief, it was alleged that our client was involved in dealing with Proceeds of crime. Our client was a Nepalese National with limited knowledge of the Australian Banking System. The victim was contacted by an unknown caller (fraudster) in early 2020 by an unknown individual advising that they are raising funds to assist the Australian Federal Police (AFP). The Unknown caller convinced the victim to deposit the sum of $9,000.00 in our client’s bank account. The victim was of the perception that the funds were made to assist the AFP at the time with no knowledge that he was being scammed.
At the time our client came across an online link advertising “quick online loan applications”. In desperate need for funds due to his unemployment status, our client completed the online application. Our client received an email in early May 2020 confirming that their application for a personal loan of $15,000.00 has been approved. Shortly thereafter received correspondence, our client received a call from an unknown person posing as the representative of the financial institution of which our client allegedly applied for a personal loan by way of the online loan application. The caller advised that our client received an amount in his account and that he will be contacted in relation to the method of repaying the amount plus the interest.

NSW Police detectives investigated the transaction leading them to our client. The matter was with another legal representative since 2020. Our Solicitor, Wissam Philopos was instructed to act and immediately negotiated the withdrawal of section 193B of the Crimes Act 1900 which carried a maximum penalty of 10 years imprisonment on the basis that our client would be prepared to plead “Guilty” to the charge of section 193C of the Crimes Act 1900 which carried a 3 year term of imprisonment a month prior to the hearing date, subject to obtaining instructions from our client. NSW Police accepted the proposition made by Mr Philopos. Our client was previously convicted and ordered to serve a 12 months’ Community Corrections Order in 2019 for an unrelated offence.

On the day of the hearing, Mr Wissam Philopos sought an order for a Sentence Assessment Report which enables the Court to determine one’s fitness for alternative punishments in the community rather than a full-time custodial punishment. After considering all the material before the Court, including character references, Mr Philopos’ rigorous submissions, subjective material and a letter of apology, the Magistrate accepted to order a Sentence Assessment Report. An officer from Sutherland Community Corrections was ordered to interview our client and addressed certain factors including our client’s family background, education and employment history, factors related to his offending conduct and an overall assessment.

The Court Sentenced our client to a 12 months’ community corrections order pursuant to Section 8 of the Crimes (Sentencing Procedure) Act 1999 with the condition of 100 hours of community service, pursuant to Clause 14(1)(a) of the Crimes (Sentencing Procedure) Regulation 2017 rather than a full time custodial Sentence.

This case demonstrates the importance of teamwork and court advocacy. Mr Wissam Philopos understands his client’s needs and the importance of delivering legal services competently and diligently. He has strong knowledge of criminal law and is committed to representing and helping his clients.

This was a great result for both our client and our firm.