False statements by company directors

False statements by company directors

The crime of making False Statements By Company Directors is in section 85 of the Crimes Act 1958 in Victoria. It is a criminal offence for an officer of a body corporate or unincorporated association to publish a written statement or account which is misleading, false, or deceptive.

Have you been accused of False Statements By Company Directors? You must call us to arrange a confidential conference with one of our experienced criminal defence lawyers before you speak with the police.

Police Interview
One of our expert defence lawyers can advise you on how to respond to police questions, provide you with an understanding of how the interview will proceed, whether you will stay in custody or whether you will be released, whether you will be charged or whether police will decide not to charge you. Arming yourself with knowledge is the best decision you can make for your case at this early stage.

One of lawyers can attend the police interview with you to make sure you do not say or do anything which you are not required to. If you make admissions or a version of events which is inconsistent with the objective evidence, the prosecution will use this against you in Court.

Pleading Not Guilty
If you have been charged with the offence of False Statements by Company Directors, the next step is to obtain advice from a lawyer about defending the allegation. The police will compile a brief containing evidence they say proves the charge against you.

At Doogue + George Defence Lawyers, we take the time to carefully consider the brief and provide you with comprehensive legal advice on your best strategy for defending the charge against you.

Pleading Guilty
Deciding to plead guilty to a charge of False Statements by Company Directors does not mean the work is done. Preparing for your plea is just as important as defending the case. A well-prepared plea can be the difference between a non-conviction or conviction outcome, the latter having a direct impact on your everyday life.

We will ensure we know everything about personal history and the circumstances that lead to the offending to be able to tell the Magistrate or Judge a story about you that will persuade them to impose the lowest possible penalty.
  • A company director sends an untrue email to the members about performance targets being met. When in reality the company is performing badly.
  • The CEO of a company fabricates productivity ratings in a letter to creditors in order to secure further investment.

  • No false statements were made.
  • The Director did not intend to deceive members or creditors.
  • The Director had no knowledge the statements were false.
There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Questions in cases like this
  • Were any statements made to members or creditors that were not correct or accurate?
  • Did you know the statements were false?
  • Was anyone intentionally deceived?

Maximum penalty and court that deals with this charge
The maximum penalty for False Statements By Company Directors (s85 of the Crimes Act 1958) is level 5 imprisonment (10 years).

This is a strictly indictable charge which means that your case must be heard in the County Court.

What can you be sentenced to for this charge?
In severe cases where the extent of the damage caused by the false statement is significant, you may get a prison sentence if found guilty. In less serious cases, you could get fine.

The section that covers this offence is section 85 of the Crimes Act 1958.

“Were false statements made?”

What is the legal definition of False Statements By Company Directors?
The Prosecution must show that you are a director or officer of a corporation. And you published a written statement or account which may be misleading or deceptive. And did so with intent to deceive members or creditors of the body corporate.