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A Sample Case using American Legal Reasoning For Craig Thomson facing Fraud in Oz.

Former Federal Labour MP ,Craig Thomson faces 49, faces 173 fraud and theft charges

I read the Sydney Morning Herald and discover that a former Labour MP was engaged in fraud and accused of using Health Services Union credit cards to pay for sexual services at brothels and escort agencies, for pornographic movies at hotels, for flights, food and drink, car hire and other expenses while he was the union's national secretary from 2002 to his election to Federal Parliament as a Labor MP in 2007.

I always love for judical news that can fit the blog and this fits this category. Mr. Thomson will face charges. The court rule that the prosecution can go forward with this case. Magistrate Charlie Rozencwajg  extended Mr Thomson’s bail. He will face charges with regard to while he was the union's national secretary from 2002 to his election to Federal Parliament as a Labor MP in 2007.

He failed to disclose that he was using credit cards assigned the poltical party that he was a member of.  The question he should of though was that every thing is traceable. Whenever you use a credit card and to try to cover up the fact. It just makes the case for fraud even stronger


Let me summarize it in the American legal definition for fraud in this case. Here is how the prosecution is going to prove its case according the legal definition of fraud.  The Australia version of this will be different and learning as I go.

Legal Issue
 The issue is whether Craig Thomson committed fraud by failing to disclosed his expenses that being used for sex activities and not legitimate activities related to his campaign to the Labour party.

Elements of Fraud
According the legal defintion of fraud, one has to prove fraud the following elements are required : (1) a false statement of a material fact,(2) knowledge on the part of the defendant that the statement is untrue, (3) intent on the part of the defendant to deceive the alleged victim, (4) justifiable reliance by the alleged victim on the statement, and (5) injury to the alleged victim as a result.

The court will have to determine there is a fraud committed by Craig Thomson. Lastly, the fact will show that he did commit fraud based on the elements of fraud and facts fit the legal definition of fraud.


 Prosecution Side of the Case
Here on the facts, he knowing made a false statement to the commission of his own party by using the credit card and did not disclose what the expenses were meets the element of false statement of material fact. He had knowledge that of his transactions and did not disclose to Labour Party and let them with falsehood that he knew was untrue and meets the element of knowledge on the part of the defendant that the statement is untrue. The Labour party was the unwilling victim of his false statement by him not disclosing his expenses to them at the time the transactions were made and stated something else other what the expenses were. He had the intent to deceive the Labour Party by lying and covering up his activities and having seem like business expenses related to the campaigning establish the element of intent on the part of the defendant to deceive the alleged victim. The Labour party relied is statements to be true and discovered they were not and had been victimized by his misstatements and relied on those statements to be true establishes the element of justifiable reliance by the alleged victim on the statement. The Labour found out  about his misconduct and became a victim of untrue statements of what the credit cards were used on sexual activities that were not authorized by the Labour Party as legitimate expenses and establish the element of injury to the alleged victim as a result.Thus, prosecution has proven its case of fraud.

Defense side of the Case
The defendant will claim the brothels and sexual establishments were not victims and knew that he was engage such activities and did not bother to use his own money. His claim would not be able poke any holes of the elements because the victim was the Labour Party and not the brothels themselves. Thus, he cannot that he did not commit fraud.

Possible Court Conclusion

Craig Thomson did commit fraud because his statements were fraudulent and misled the Labour Party.


Here is the link to the story:

Craig Thomas Former Labour MP Faces Fraud


 Also, I used John Delaney's Legal Reasoning,which American based Legal Reasoning. Now, if this were using legal reasoning in Australia I would have layer each element with case rule and citation and the fact fitting the case rule.  The reason is because it suppose to look papers use in court. For our purpose and bar exam purposes, it looks like this in that format. Here is John Delaney Legal Reasoning for Law Exam in American;






As I get further down the law school track, I would put out an Australian version to this same problem. It will look a lot different. I would put it as soon as I can. I will found what it is suppose to look and that you have that in toolbox. I wanted to show the American version of legal reasoning.



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Getting Information on Legal Practice in two countries

Research,Research & More Research

In my search get the information right on what it will take become a lawyer in both countries has been a hunt. There is not a lot of information or there is very little information. I feel relieved that I can provide the information for people who want to know and be able ask the questions might come up.

It takes bit of leg work to get it right. If you want to know information really bad, you will go to great links to find the information and ask questions. Once you find the information, you feel freer and can rest easier. Sometimes, it just take one person to find the information and willing to ask the questions. It is very refreshing to find out information and to be free.

Sometimes the only way to blaze trails to is be the first. Sometime, This a part of the journey becoming free. Just like Ruth Foster sings about. It is a part of the adventure to be able to ask questions. I put out a resource together regarding legal practice in Australia and the US. I believe a lawyer who is well verse and well traveled globally has advantages  over a lawyer is segmented and without knowledge. The resource is called Legal Practice in the US and Australia and is located in the information section. I asked the questions and did the research to get accurate information. It is there for the world to see. I found about the bar exam and there is information on it. I went research information on a practicing certificate to be able to practice law in Australia.

The Beginning of the Adventure

Every journey begins with unanswered question. I began to ask how did I get here. What kind of life do I want for myself. I had heard bad news all over the news with the economy and politicians in both Democratic and Republic parties in American allowing things to go awry. I was screaming out silently, "Get me out of here." I decided I was tired of hearing and reading how bad things were. I decided I deserve better. I started to ask what is out in the world and how can build a life that I can be proud and be something I can take pride in.










This was my moment of self discovery. I want to become a lawyer and go law school. But I wanted to do it in a way that is different. I had always love to travel. The thought getting JD degree from overseas law school had appeal to me because it would allow me to experience a new culture and to learn the law, as well. The one country that would allow me to the excitement and adventure that I sought. It was Australia. I familiarize myself. I wanted my adventure in Australia to be as exciting a Crocodile Dundee movie without a boring moment.

 



I began to apply to law schools in Australia with JD degree program and got instant reply and got accepted to the University of Canberra. I was determined to get there at any cost. This is beginning of my journey and ready for the challenge of hoping to it. I can image it is like the professors are like the movie the "Paper Chase" mixed with Aussie flare.


Over the course, I will post of my journey I post Aussie culture,recipes,difference law schools exam between the  Australian version and the American version. Also, I will post  things like on making extra money just case you need extra. I never post anything that I will try myself and know it is successful.

I will put out information on taking the bar exam in the US for people considering foreign JD degree and admittance to the Bar in the US. I will put out information on getting practice certificate in Australia. I will detail little adventures just to keep things interesting.