Criminal defence

Unlike many of the shows on television, it takes more than a good closing argument to successfully defend criminal charges and in many cases you may need to ensure that financial evidence presented in court is fair and reasonable.

More and more, financial evidence is playing a role in the prosecution process and just because a person sits on a jury doesn't make them a financial expert. It is therefore important that financial evidence is presented in court in a way that is easily understood and in a manner that is free from bias.

How can we help you?

BDO Kendalls Forensic Services experts can assist legal defence teams understand and analyse the evidence used in the prosecution of criminal matters - we can help provide the substance and understanding a jury needs to make the right decision.

Just as importantly, our forensic experts have an extensive knowledge of investigation and prosecution processes, as well as a thorough understanding of legislation including the various state and Commonwealth Crimes Acts/Criminal Codes, Drugs Misuse Acts and Proceeds of Crime Acts.

• Financial record analysis
• Fraud investigations
• Evidence identification for legal proceedings
• Financial motive review

Service details

Speciality areas of BDO Kendalls' criminal defence services are detailed below.

Proceeds of crime
With law enforcement agencies becoming more and more likely to restrain property pursuant to the various state or Commonwealth Proceeds of Crimes Acts as a result of their investigations, it is necessary to determine how this property was acquired. We analyse financial records related to purchase of property and provide a report, including appropriate evidence of the source of funds used to purchase the property. We also analyse the contents of pecuniary penalty orders being sought to determine if they are reasonable considering the available evidence.

Fraud
Fraud investigations include significant financial evidence that can often be difficult to understand and could potentially be confusing to a jury. As forensic experts, it is our job to review the evidence in relation to fraud charges and provide our opinion as to whether there is sufficient accounting evidence to support the charges and if not, where the evidence is lacking. We also have significant experience in simplifying complex financial evidence to enable a jury to understand the transactions that are the subject of the charges.

Arson
As many arson prosecutions are based on circumstantial evidence, financial motives can become a major part of the prosecution's evidence. We can review the financial motives put forward by law enforcement agencies to support a charge of arson and the claim of financial motive and provide our opinion as to the accuracy of the claim.

Drug trafficking
Drug trafficking investigations regularly involve a financial analysis including either an assessment of income from unknown sources or some form of asset betterment statement. We review the evidence used for the analysis and provide our opinion as to the accuracy and correctness of the methodologies used and the results of the analysis.

If you want more assistance, we can provide it. Our forensic experts can provide in-depth briefings to solicitors and Counsel, assist Counsel in the cross examination of witnesses and provide expert evidence if and when required.