What AUSTRAC found
AUSTRAC’s Operation Claw analysed data from 10 major Australian banks and found potentially hundreds of millions of dollars in suspected fraudulent loans, mostly linked to Sydney properties.
The suspected fraud involved false or misleading information in loan applications, including inflated incomes, false employment, fabricated or unverifiable business activity and falsified or misleading documents. It also found offshore or third-party funds used for settlements or mortgage repayments, and the repeated use of the same brokers, accountants or law firms across applications.
Remember
- The pattern was across banks, not one lender.
- Income, employment and documents were the usual targets.
- The same brokers appearing again and again was itself a warning sign.
Facts and sources for this part
- AUSTRAC’s Operation Claw found suspected mortgage fraud involving false or misleading information in loan applications, including inflated incomes, false employment, fabricated or unverifiable business activity and falsified or misleading documents. [S8]
- The same work found offshore or third-party funds used for settlements or mortgage repayments, and the repeated use of the same brokers, accountants or law firms across applications. [S8]
- Operation Claw analysed data from 10 major Australian banks and found potentially hundreds of millions of dollars in suspected fraudulent loans, mostly linked to Sydney properties. [S8]
Which brokers have been banned, and why
ASIC permanently banned an Adelaide mortgage broker and cancelled his company’s credit licence after finding he was knowingly or recklessly involved in providing false payslips and bank statements to five banks for 11 home loan applications.
In another case, ASIC permanently banned three Sydney mortgage brokers over false employer letters or payslips given to a bank to support 21 home loan applications. The customers were not employed by the companies named, the payslips showed income much greater than their real incomes, and the bank financed over $17M of loans in reliance on false documentation.
Notice the words “knowingly or recklessly”. A broker does not have to forge a document to be caught. Passing on a document you had good reason to doubt can be enough.
Remember
- Bans and cancelled licences follow false payslips and bank statements.
- “Reckless” means you ignored a warning sign, not only that you knew.
- ASIC has investigated in excess of 100 loan fraud matters since 1 July 2010.
Facts and sources for this part
- ASIC permanently banned an Adelaide mortgage broker and cancelled his company’s credit licence after finding he was knowingly or recklessly involved in providing false payslips and bank statements to five banks for 11 home loan applications. [S9]
- ASIC permanently banned three Sydney mortgage brokers over false employer letters or payslips given to a bank to support 21 home loan applications; the bank financed over $17M of loans in reliance on false documentation. [S10]
- In that case the customers were not employed by the companies named in the letters, and the payslips showed income much greater than their real incomes. [S10]
- ASIC has investigated in excess of 100 matters relating to loan fraud since it became the national regulator of consumer credit on 1 July 2010. [S10]
How forged income documents get spotted
Lenders have reported that falsified payslips and statements gave themselves away through inconsistencies in fonts and errors in the gross, net, tax and superannuation amounts. False or old employer details were also common features of fraudulent applications.
Wage staging is harder. AUSTRAC describes cases where one employer and income may be genuine, but a second job or income stream is staged to boost loan eligibility. The bank statements supplied may not have been falsified, which makes it harder to detect.
AUSTRAC’s 2021 assessment of non-bank lenders also noted several identified cases of brokers submitting fraudulent loan applications with falsified documentation.
Remember
- Check fonts, sums and employer details.
- A genuine bank statement can still hide a staged second income.
- Broker-submitted fraud has been seen for years, not only recently.
Facts and sources for this part
- Lenders reported spotting falsified payslips and statements through inconsistencies in fonts and errors in the gross, net, tax and superannuation amounts, and false or old employer details. [S13]
- AUSTRAC describes wage staging: one employer and income may be genuine, but a second job or income stream is staged to boost loan eligibility, and the bank statements supplied may not have been falsified, which makes it harder to detect. [S13]
- AUSTRAC’s 2021 assessment noted several identified cases of brokers submitting fraudulent loan applications with falsified documentation. [S13]
When the document looks perfect
Our advice: do not rely on how a page looks. Documents made with AI tools can have clean fonts and sums that add up, so the old tells are no longer enough on their own.
Our advice: check the story instead. Does the employer exist and trade? Does the pay in the payslip match the credits in the bank statement, week after week? Is the same employer, address or phone number showing up on other files you have seen? Does the income fit the job, the suburb and the age of the borrower?
Our advice: if something does not fit, ask for another source (a tax record, an employer call to a number you found yourself), and write down what you asked and what you got.
Remember
- A clean-looking document proves little.
- Check the employer, the pay pattern and the fit with the borrower’s life.
- Record what you asked for and what you received.
When you are suspicious, what next?
AUSTRAC says the most effective way to stop mortgage fraud is before a loan is granted, because once the funds have moved, recovering the money becomes significantly harder.
Our advice: do not fix, replace or “tidy up” a document yourself, and do not tell the client how to get past the lender’s check. Follow your licensee’s process for suspected fraud, keep the original documents and the emails, and tell your licensee before you submit.
Remember
- Stop before submission, not after.
- Never edit or re-create a client’s document.
- Tell your licensee and keep the originals.
Facts and sources for this part
- AUSTRAC says the most effective way to stop mortgage fraud is before a loan is granted, because once the funds have moved, recovering the money becomes significantly harder. [S8]
Check what you have learned
Three questions from the test, each explained. Tap an answer.
Question 1 of 3
Which of these was part of what Operation Claw found in suspected mortgage fraud?
Show the answer
Right answer: A, Inflated incomes and false employment in loan applications. The suspected fraud involved false or misleading information such as inflated incomes, false employment and falsified documents. [S8]
Question 2 of 3
In ASIC’s Sydney case, how much did the bank finance in reliance on false documentation?
Show the answer
Right answer: A, Over $17M. The bank financed over $17M of home loans in reliance on false documentation. [S10]
Question 3 of 3
When does AUSTRAC say it is most effective to stop mortgage fraud?
Show the answer
Right answer: C, Before the loan is granted, because recovering money after it moves is much harder. The most effective way to stop mortgage fraud is before a loan is granted; once funds have moved, recovery becomes significantly harder. [S8]