On a seperate note: I was thinking about claiming internet fraud with the state police. All of you were talking about claiming to the trade authorities - why not just state police? I would say he scammed us, so its Internet fraus as well, isn't it? After all he was not a registered exchange with an exchange licence.
Owing someone money is generally a civil matter and the remedy is seeking a judgement against them which can then be enforced through a number of different ways.
You can certainly make a report to Queensland Police Service, but fraud is a very specific criminal offence and it's a lot more complicated than failing to pay people you owe money. Yes, WBX was operating without a licence but 1) that was disclosed to customers on the website and 2) the police are not the entity which deals with breaches of licensing requirements. They are responsible for investigating fraud - including online fraud - but it's not clear that WBX's activities would meet the legal benchmarks for being classified as fraud.
If you believe that WBX was a scam from the start, then Scamwatch is the federal body with whom you should file a report (they're part of the ACCC).
https://www.scamwatch.gov.au/content/index.phtml/tag/reportascam/Here's a brief summary of Qld law in relation to fraud.
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
1 (a) The accused applied to his or her own use
(i) property belonging to another
(ii) property belonging to the accused, or which is in the accused’s possession, either solely or jointly with another person, subject to a trust, direction or condition or on account of any other person.
“ Applied” means taking or using another’s property for the accused’s own purposes.
Or (b) The accused obtained the property from any person.
“ Obtain” includes to get, gain, receive or acquire in any way (s 408C (3) (e))
Or (c) the accused induced any person to deliver property to any person.
Or (d) The accused gained a benefit or advantage, pecuniary or otherwise, to any person.
Or (e) The accused caused a detriment, pecuniary or otherwise, to any person
Or (f) The accused induced any person to do an act which the person was lawfully entitled to abstain from doing
Or (g) The accused induced any person to abstain from doing an act which the person was lawfully entitled to do
Or (h) the accused made off knowing that payment on the spot was required or expected for property lawfully supplied or returned or any service lawfully provided, without having paid and with intent to avoid payment.
2. The action of the defendant must have been done dishonestly.
To prove the accused acted dishonestly the prosecution must prove that what the defendant did was dishonest by the standards of ordinary honest people and that the defendant realised that what he or she did was dishonest by those standards.
Specific provision in s 408C(b) and (c) in relation to whether an act or omission is dishonest.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.
http://www.australiancriminallawyers.com.au/web/page/QLD_Law_FraudIf you believe that WBX constituted a financial or investment scam, then an ASIC report would also be appropriate.
https://www.moneysmart.gov.au/scams/report-a-scamWho you report to really depends on what you believe happened. Do you believe that Andre has misappropriated user funds for his own use or do you believe that he had a bad business model which was doomed to fail from the start? Do you believe there are any assets which may be available to people owed money by WBX or not? Do you believe that Andre could pay people but is simply choosing not to? Intention is extremely relevant if you're going to start throwing around words like "fraud" and scam.