FRAUD DEFENCE SOLICITORS
Most criminal defence solicitors can turn their hand to any criminal matter with varying degrees of success. The one exception is fraud. It is entirely different from any other criminal matter. It often has different procedures and requires a different approach entirely. It deals with business and finance and requires an in depth knowledge of both. The investigation part of it can take months.
Most people charged with fraud have never been in any sort of trouble with the police. It is a very scary experience, the consequences of a conviction for fraud is wide reaching and long lasting. It will stay on an enhanced criminal record check for life, it will prevent you from working in a number of industries. It is vital that you instruct a specialist fraud defence solicitor.
Defending people charged with Fraud is a complex matter and it is vital that you seek our assistance as soon as you become aware of investigations against you or are charged with a fraud offence. Investigations can start in various different ways depending on the type of fraud. The investigation stage can make or break a case.
Our approach is to stop the matter going to court. We will liaise with the authorities to show your innocence at an early stage. We will take a proactive approach, we will not simply wait for the court proceedings before getting started. If there are a number of people involved in an investigation we will show that you are different, that you do not have the involvement that the authorities think you have. We will aim to get you out of this mess as soon as possible.
The law on fraud changed considerably with the Fraud Act 2006. Prior to this there were a number of different types of fraud offences. The Fraud Act 2006 brought them together. There is now an offence of Fraud (Fraud Act 2006 s1) which can be committed in 3 ways –
Fraud by False Representation (Fraud Act 2006 s2)
A person is guilty of this if he dishonestly makes a false representation with the intention of gaining or making a gain for someone else, or to cause a loss to someone else. It can be enough to simply expose another to the risk of loss.
Fraud by Failing to Disclose Information (Fraud Act 2006 s3) A person is guilty of this if he dishonestly fails to disclose to another person information which he is under a legal duty to disclose and intends to make a gain for himself or another or to cause loss to another. Again it is enough to simply expose someone to the risk of loss.
Fraud by Abuse of Position (Fraud Act 2006 s4)
A person is guilty of this if he occupies a position in which he is expected to look after the financial interests of another (or not act against) and he dishonestly abuses that position with the intention of making a gain for himself or another or cause a loss to another or expose them to the risk of a loss.
Other new offences created by the Fraud Act include –
Possession of Articles for Use in Fraud (Fraud Act s6)
A person is guilty of this if he has in his possession or under his control any article for use in connection with any fraud.
Making or Supplying Articles for Use in Fraud (Fraud Act s7)
A person is guilty of this if he makes, adapts, supplies or offers to supply any article knowing it is designed or adapted for the use in fraud.
Fraudulent trading by an individual (Fraud Act s9)
Similar to the Company Act offence, namely carrying on business with the intention of defrauding creditors. This is now extended to individuals and sole traders.
Obtaining Services by Dishonesty (Fraud Act s11)
There are also various different types of fraud other than those in the Fraud Act, these are listed below with a link to the relevant page for more details. We can help with any of these matters, call us for a free initial assessment.
Other Fraud offences-
Fraudulent Trading -Companies Act 2006 Section 993 and Fraud Act 2006 section 9. This is where someone carries on trading with the intention of defrauding creditors.
Conspiracy to Defraud. This is where, for example two or more people get together to defraud someone.
False Accounting. Theft Act 1968 section 17. False accounting is the dishonest destroying or altering of accounts records with a view to making a gain or causing a loss to another.
Share Dealing Fraud Criminal Justice Act 1993 Section 52 (1). There are a number of ways this offence can be committed, from boiler room scams which is offering worthless shares to providing someone with confidential knowledge so that they can make a profit from dealing in shares.
VAT Fraud including Missing Trader Intra Community Fraud (MTIC) and VAT Carousel Value Added Tax Act 1994 Section 72. This deals with the allegations of setting up false deals to claim non existent VAT.
Mortgage Fraud This is a common type of fraud committed under the Fraud Act. There are various ways that mortgage fraud can be committed such as falsely completing mortgage applications.
Credit Card Fraud This is another common type of fraud that can be committed under the Fraud Act and can range from simple use of a stolen credit card to a very sophisticated operation involving a number of people and cards.
Counterfeit Goods Trade Marks Act 1994 Section 92. Dealing with either trademarked goods or copyright goods such as DVD’s.
Counterfeiting Currency Offences Forgery and Counterfeiting Act 1981 Sections 14, 15 and 16. Such as making or tendering counterfeit currency.
Whilst all fraud cases differ they all have a common thread. The prosecution will need to prove the case and will have to show dishonesty. It is vital to take a proactive approach to these matters and to get us on board as soon as possible.
If you have been charged with fraud and need the help of a fraud defence solicitor call us for free independent advice on 01623 600645
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