Australian Police refuse to investigate CBA Loan Fraud

Well, it’s now official :  Police are now refusing to investigate (any further) my formal Complaint of FRAUD against the CBA. 

Even though I sent them the relevant sections of the 

            QLD CRIMINAL CODE, referring to DOCUMENT ‘TAMPERING, FORGERY & FRAUD.’

And I also gave them the NAMES of those involved at the CBA, (which the CBA had tried to cover up by blacking out their names on the documents),

as well as the NAMES of the banks agents involved, (the brokers).

They are now trying to say that it is a CIVIL offence rather than a CRIMINAL offence.

Now that the CBA have formally stated to the Police that they have DESTROYED the ORIGINAL DOCUMENTS - the bank cannot prove that our signatures are on the ORIGINAL documents.

We have documentary evidence that the bank or their agents forged / photoshopped our signatures in afterwards. 

If the Police do not stand up for Justice, if they do not hold these ‘white collar criminals’ accountable for their crimes, they are discrediting the entire framework of law and order. 

They are silent accomplices.

From: Detective

Subject: CBA Loan Fraud.

Date: May 2014

To:      (name deleted)

 WITHOUT ORIGINAL DOCUMENTS or someone stepping forward and saying I stole money from you, / I defrauded you, there is no evidence.

From:   Detective

Subject:  CBA Loan Fraud. 

Date:  May 2014

To:     (name deleted)

(name removed),

As per our phone conversation, there is insufficient evidence for this matter to proceed any further.  Without any of the original documentation combined without being able to identify a person performing a dishonest act there is no likelihood of a successful prosecution.

This matter will be filed pending any further information coming to hand.

Regards

(name deleted)  Detective

From:     Detective

Subject: CBA Loan Fraud. 

Date: May 2014

To:      Name deleted

(Name deleted,)

I appreciate your frustration.  However all matters investigated by police need to be prioritised, this is done due to resources available against the seriousness of individual matters.  I am not saying your complaint is not serious however a fraud will always be given a lower priority than offences such as murder, rape and other violent offences.  Since I have received your file I have investigated 2 x suspicious deaths (1 being the death of a 14 year old boy that a coronial brief involving in excess of 150 witness was compiled by myself to present to the coroner, this matter is still before the courts.  The investigation for this matter took me 9 months.  During this period I was essentially committed to this investigation full time due to the priority a death investigated is given.  The second death investigation which I am still currently in the middle of has resulted with a person charged with the offence of Murder (the most serious crime contained within the Criminal Code)).  I am unable to tell you how long this investigation is likely to take.

These investigations have been undertaken by myself along with numerous armed robbery investigations and serious rape investigations, all the type of offences that are given a higher priority than fraud.  I have 2 other frauds on my investigation list currently that are of a significantly higher value than the alleged fraud you have reported, both were reported to police at a similar time and some investigations have occurred when time has permitted.  You may ask why does someone else not be given these files?  Unfortunately every other investigator attached to the office has a similar or larger workload.

I have as stated to you been able to obtain a copy only of the CBA records, I have also been able to recently locate the ‘Broker’ to be living in the Cairns area, the information I have is he is retired (I have been unable to confirm this at this point).  I have left messages on his listed number but have yet to get a return call (I have been unable to confirm if this number is correct as it is generic answering service).  I have requested Cairns police to visit his listed address on 3 occasions, on all these occasions no person has been home.

I am aware of all the offence sections you have sent through to me.

The evidence that is available (or not available) due to the bank destroying the files makes it extremely difficult to prosecute any one in regards to your complaint.  In regards to the bank destroying originals I have been in contact with the other large banks who state this is common practice as they do not have the facilities etc to hold the extensive amount of documents coming in (you should not look at this act as some conspiracy to hide evidence).  The first thing you need to do in a criminal prosecution is prove who performed the act, we cannot charge ‘the CBA’.  Without the original documents we will not be able to show that things have been altered from the original document you signed.  I understand you do not want to hear this but it is the reality.  Criminal prosecutions are held to the highest degree ‘Beyond reasonable doubt’.  I appreciate you have received advice contrary but I believe your best avenue is civilly which has the lower burden of proof being balance of probabilities.  I have spoken to my direct supervisor in regards to this who is also of this view.  I have received further advice from the fraud squad who are of the view these matters are civil matters.

I have attended personally and spoken to the brokers (name deleted) about the allegations, he denies any wrong doing.

He does not have any of the original documents, stating they were destroyed a long time ago as he has no need for them as you are no longer a client.

My opinion is this matter is civil, however if I did not believe this was the case and criminal offences had occurred there is insufficient evidence to prosecute any one for the alleged offences.

Any questions feel free to ask.  I understand there is a lot of information in this email that you may not agree with (name deleted)  but this is the reality of this matter.

Regards

(name deleted) Detective, Queensland Police Service

From: (Name deleted)
Sent: April 2014
To:  (name deleted)
Subject: CBA Loan Fraud.

Dear Detective (name deleted)

We request an up-date & progress report on our Formal Complaint please.  CBA & their agents (the brokers) committing Loan Fraud.

This widespread fraud must be stopped. This Loan Fraud IS happening to thousands of Australian families around Australia.

It is a crime against the Commonwealth, it is a crime against all the People of Australia.

July/ Aug. 2012.  We originally met with our local MP (name deleted) & Mr (name deleted) head of the National Federation of Independent Business.

We showed them copies of the Loan Application Documents that had clearly been falsified & ‘Tampered’ with.

They both agreed that fraud had occurred & that they would support us & recommended filing a formal complaint with the Police.

1st Sept. 2012.  Police.  We made our Formal Complaint to the  Police station & we had our 1st meeting with the Police.

They agreed that it should be investigated by the Criminal Investigations Branch & referred us to the Criminal Investigations Branch.

7th Nov. 2012.  Criminal Investigations Branch. We did our formal Witness Statement / Affadavit, & gave copies of the Loan Application Document ‘Tampering.’

As part of our Witness Statement / Affadavit , we gave documentary evidence of our signatures being falsified/ photoshopped into the Loan documents.

Now the CBA have admitted that they have destroyed the ORIGINAL documents, I believe that their is no valid contract, as there is a principal of law that states:

FRAUD DESTROYS THE CONTRACT.

There can be no true contract when one party has deceived the other. Fraud makes the contract worthless.

Thus the bank does not have any rights which they can claim from the contract.

As you can see, It is now a year and a half since the investigation started.  We feel that this is just not good enough.

We ask that this must be investigated PROPERLY, and within a reasonable time frame.

I have tried to contact you numerous times to get an update or progress report on the investigation – but with no response.

The last time I spoke to you, you told me that the next steps would be to formally investigate the banks agents ( the brokers).

As it is now 25th April 2014,

A) have you managed to do so?

B)  have you had a response?

C) what response have you had?

D) can we have a copy of any response that you may have had?

 We would appreciate an early response from you,

thank you for your time,

regards

(name deleted)

PS.   Below are just three copies of pages of our Loan Application Documents that have been fraudulently ‘Tampered’ with, along with the relevant sections of the 

            QLD CRIMINAL CODE, referring to DOCUMENT ‘TAMPERING, FORGERY & FRAUD.’

Queensland

CRIMINAL CODE

Act No. 37 of 1995

PART 5—TAMPERING, FORGERY, &  FRAUD

†Division 1—Concepts of gaining benefit and causing detriment

˙Meaning of “benefit”

176. “Benefit” includes—

(a) property, advantage and service; and

(b) the causing of a detriment; and

(c) anything that is for a person’s good; and

(d) direct or indirect benefit, relief or abstention from direct or

indirect benefit, and promise of direct or indirect benefit.

˙Meaning of “to gain a benefit”

177. A person does an act to gain a benefit for anyone if the person does

the act for the purpose of anyone gaining the benefit for anyone.

˙Meaning of “detriment”

178. “Detriment” includes—

(a) personal injury, injury to reputation, property damage and financial loss; and

(b) forcing anyone to do an act against the person’s will; and

(c) loss, damage or injury of any kind; and

(d) direct or indirect detriment and threat of direct or indirect detriment.

˙Meaning of “to cause a detriment”

179. A person does an act to cause a detriment to anyone if the person

does the act for the purpose of anyone causing the detriment to anyone else.

Division 2—Offences

Tampering with documents

180.(1) A person must not tamper with a document to dishonestly gain a

benefit for anyone or dishonestly cause a detriment to anyone.

Maximum penalty—

(a) 14 years imprisonment, if the document is a valuable security,

testamentary instrument or document kept by a lawful authority;

or

(b) 7 years imprisonment, in any other case.

Crime—

(a) dishonestly tampering with a legal document;

(b) dishonestly tampering with a document.

(2) In this section—

“tamper” with a document means damage, hide or falsify the document.

˙When does a person engage in “forgery”

181. A person engages in forgery if the person

(a) makes, amends or deals with a document (the “forged

document) so that all the document, or a material part of it,

purports—

(i) to be what in fact it is not; or

(ii) to be made by a person who did not make it; or

(iii) to be made by or for a person who does not exist; or

(iv) to be made by authority of a person who did not give the authority; or

(v) to have an effect it does not; or

(b) uses a forged document.

Forgery

182. A person must not dishonestly engage in forgery to gain a benefit for anyone or cause a detriment to anyone.

Maximum penalty—

(a) 14 years imprisonment, if—

(i) the person contravenes a fiduciary duty when committing the offence; or

(ii) the benefit gained, or the detriment caused, by the person in committing the offence has a value of at least 167 penalty

units; or

(b) 7 years imprisonment, in any other case.

Crime—

(a) engaging in forgery—

(i) contravening a fiduciary duty;

(ii) affecting something of high value;

(b) engaging in forgery.

˙Dealing with things used for forgery

183.(1) A person must not—

(a) prepare a thing with the intent that anyone may use it to engage in forgery; or

(b) possess a thing with the intent that anyone may use it to engage in forgery; or

(c) use a thing with intent to engage in forgery; or

(d) possess a thing the person used to engage in forgery; or

(e) dispose of a thing the person used to engage in forgery.

Maximum penalty—3 years imprisonment.

Crime—dealing with thing used or for use in forgery.

(2) In this section—

“prepare” means prepare, begin to make or make 

˙Fraud

184. A person must not dishonestly by any deception—

(a) obtain property from anyone; or

(b) induce anyone to give property to anyone else; or

(c) induce anyone to do an act the other person may lawfully abstain from doing; or

(d) induce anyone to abstain from doing an act the other person may lawfully do; or

(e) gain a benefit for anyone; or

(f) cause a detriment to anyone.

Example—

CBA (& their agents the Brokers) induced Mr & Mrs (names deleted) to sign a document by  deception that made Mr & Mrs (names deleted) believe it was another type of document.  

 CBA (& their agents the Brokers)  induced  Mr & Mrs (names deleted) to sign the document dishonestly by deception.

CBA (& their agents the Brokers)  commits fraud under paragraph (c).

Maximum penalty—

(a) 14 years imprisonment, if the property, benefit or detriment has a

value of at least 167 penalty units; or

(b) 7 years imprisonment, in any other case.

Crime—

(a) fraud affecting anything of high value;

(b) fraud.

 CRIMINAL CODE 1899 – SECT 430

430 Fraudulent falsification of records

Any person who with intent to defraud

(a) makes a false entry in any record; or

(b) omits to make an entry in any record; or

(c) gives any certificate or information that is false in a material particular; or

(d) in any way falsifies, destroys, alters or damages any record; or

(e) produces or makes use of any record the person knows is false in a material particular;

commits a crime.

Maximum penalty  10 years imprisonment.

CRIMINAL CODE 1899 – SECT 488

488 Forgery and uttering

(1) A person who, with intent to defraud

(a) forges a document; or

(b) utters a forged document;

commits a crime.

Forgery is the process of making, adapting, or imitating objects, statistics, or documents with the intent to deceive.

The similar crime of fraud is the crime of deceiving another, including through the use of objects obtained through forgery

Forgery is a serious offense, punishable as a felony in all fifty states and by the federal government. Forgery involves the making, altering, use, or possession of a false writing in order to commit a fraud.

Because our society relies heavily on the ability to produce and exchange legitimate documents, forgery can have serious and far-reaching negative consequences on businesses, individuals, and political entities. For these reasons, forgery is a serious criminal offense that is punishable as a felony in all fifty states and by the federal government.

Traditionally, the crime of forgery consisted only of making or altering a false writing. Possessing, using, or offering a false writing with the intent to defraud was a separate offense, known as “uttering a forged instrument.” For example, if someone used  false documentation in order to obtain a Line Of Credit.

What is Forgery?

To punish forgery as a criminal offense, there are several elements, or factors, that must be proved by the prosecution in order to convict a person of the offense. These include the following.

Making, altering, using, or possessing

The first element of forgery is that a person must make, alter, use, or possess a false writing. Many people think of only making false writings, such as forging letters or certificates, when they think of forgery, but altering an existing writing may also be forgery if the alteration is “material,” or affects a legal right.

For example, forging another person’s signature on a document is a material alteration because it misrepresents the identity of the person who signed the document, which has serious legal consequences.

Deleting, adding, or changing significant portions of documents may also be “material” alterations, if these changes affect the legal rights or obligations represented in the documents. Additionally, as discussed above, using or possessing false writings also constitutes forgery.

A false writing

Not all writings meet the definition of forgery. To serve as the basis for forgery charges, the writing in question must both have legal significance and be false, as discussed below.

The writing must have apparent legal significance. In order to be punishable as forgery, the writing in question must have apparent legal significance. This includes government-issued documents such as drivers’ licenses and passports; transactional documents such as deeds, conveyances, and receipts; financial instruments such as currencies, checks, or stock certificates; and other documents such as wills, patents, medical prescriptions, and works of art.

To have legal significance, a document need not necessarily be a legal or government-issued document–it must simply affect legal rights and obligations. For this reason, documents such as letters of recommendation or notes from physicians may also be the subjects of forgery. In contrast, signing another person’s name to a letter to a friend would probably not constitute forgery, because in most cases it would not have legal significance.

The writing must be false. To be considered false, the writing itself must be fabricated or materially altered so that it purports to be or represent something that it is actually not. Generally, simply inserting false statements into a writing is not enough to meet this requirement, if those misrepresentations do not change the fundamental meaning of the writing itself. For example, if you insert a false statement into a letter you wrote, you have not committed forgery. However, it is forgery if you write a letter of legal significance, but present it as a letter written by someone else.

With the intent to defraud

In order to be guilty of forgery, the defendant must have intended to defraud someone or some entity, such as a government agency (though the fraud need not have been completed). This element prevents people who possess or sign fraudulent documents, without knowing that the documents are false, from being subject to criminal liability.

What is forgery?

Forgery is defined as the creation, altering, forging, or imitating of any document with the intent to defraud another person.  Making a signature without authorization or causing another person to fraudulently sign a document are also covered under forgery laws. 

Forgery laws may vary from state to state, but they all generally require the intent to defraud or deceive.

What is required to prove forgery?

All of the following elements must be satisfied when proving a person guilty of forgery:

  • False creation of document: The defendant must have manufactured, typed, printed, engraved, or handwritten the false document
  • Materially altering the document:  The person must have changed an existing, genuine document in some way

  (for example, falsely filling in blanks on a form)

  • Capability of defrauding: The document or writing must look sufficiently genuine to be capable of defrauding the average person
  • Legal significance: The document must claim to have some sort of legal significance to affect the other person’s rights.

Intent to deceive or defraud: The defendant must use the document with the intent to deceive the other person.