Fraud Defense Solicitor in London, UK

What Is Fraud?

Broadly defined, Fraud is the deliberate use of deception or dishonestly to disadvantage or cause loss, usually financial, to another person or party. Fraud can be dealt with in both the criminal justice system and the civil justice system. It is commonly concerned with acts or words used by the defendant to effectively trick someone into parting with property or into offering a service. It is among the most rampant crimes in the UK, with approximately 3.4 million incidents recorded annually as of March 2017.

he Fraud Act 2006, Section 1, creates the general list and introduces three ways of committing Fraud. These are:

- Fraud by false representation:

You commit this offence when you make a dishonest representation to benefit yourself or another party, cause loss to another, or subject another to a risk of loss.

- Fraud by failing to disclose information

This offence occurs when you fail to disclose to another individual information which you are under a legal obligation to disclose. By withholding the information, you intend to benefit yourself or another, cause loss to another, or predispose another to a risk of loss.

- Fraud by abuse of position

Suppose you occupy a position that requires you to safeguard another person’s financial interests. Suppose you dishonestly abuse that position to benefit yourself or others, cause loss to another, or subject others to a risk of loss. In that case, you commit fraud by abuse of position.

Committing The Offence Of Fraud Is Not Limited To The Above-Mentioned Offences. The Following Are Also Set Out In The Fraud Act 2006:

- Possession of Articles for use in Fraud:

When a person has in their possession or under their control, any article for use in the course of, or in connection with, any fraud (s6, FA 2006)

- Making or Supplying articles for use in Fraud:

When a person makes, adapts, supplies or offers to supply any article knowing that it is designed or adapted for use in fraud, or intended to be used to commit fraud (s7, FA 2006)

- Participation by sole trader in fraudulent business:

When a person knowingly participates in a business which is carried on with the intention of defrauding creditors or for any other fraudulent purpose (s9, FA 2006)

- Obtaining services dishonestly:

When a person dishonestly obtains for himself or another services, knowing the services are made available on the basis that payment has been, is being or will be made for or in respect of them and avoids or intends to avoid payment in full or in part. (s11, FA 2006)

What is dishonesty?

Following the Supreme Court’s decision in Ivey v Genting Casinos, prosecutors must satisfy a new two-stage test to prove that the defendant was dishonest Ivey v Genting fundamentally changed how fraud is proven in court. It is imperative that you instruct lawyers that are alive to these changes and will help you mount a strong defence

What was the defendant’s actual state of knowledge and belief as to the facts?
Was the defendant’s conduct dishonest by the standards of ordinary reasonable people?

Benefit Fraud

Benefit fraud encompasses making false benefit claims or intentionally claiming benefits to which you are not entitled. When charged with this offence, the HM Revenue and Customs (HMRC), the Department for Work and Pensions (DWP), Veterans UK, or other government agency will contact you to attend a voluntary interview under caution, for investigation. You might even be sent a form to complete and return, as a first step. It is imperative that you consult a Solicitor before responding in any way.

The consequences of committing a benefit fraud may include:

imprisonment in serious fraud cases
Being compelled to return any overpaid benefits
Future benefits being reduced or stopped
Facing financial penalties

Revenue Fraud

Sentences for revenue fraud usually vary from community-based penalties to lengthy prison terms for serious offences.

Revenue fraud crimes include:

False accounting
Excise duty evasion
VAT evasion
Improper importation of goods
Income tax evasion

Possessing, Making Or Supplying Articles For Fraud

You can face criminal prosecution if accused of making or supplying objects for use in any fraudulent activities.

The objects may include:

Bank account information
Computer hardware or software
Credit card details
Information about potential victims
Fake documents

Why do you need a fraud defence solicitor?

Criminal allegations, investigation, or prosecution for fraud will have life-changing consequences. Conviction may result in hefty financial penalties or lengthy imprisonment, depending on the severity of the alleged fraudulent activity. That is why it is critical to work with specialist fraud solicitors when facing such cases. Fraud cases can be complex and stressful, and you need a knowledgeable professional to guide you through the investigation, prosecution, and other legal processes.

Retaining the services of a professional solicitor from Hudson Marshall Solicitors will help you avoid or minimise your chances of imprisonment, hefty fines, or reputation damage. In order to protect your interests when facing criminal allegations of fraud, you need to contact us as soon as possible. Besides doing fraud defence work, a fraud solicitor will also help you deal with various government agencies tasked with fraud investigations, including but not limited to:

The City of London Police & Any Police Force throughout the UK/Wales
Financial Services Authority (FSA)
Serious Fraud Office (SFO)
Department for Business, Innovation and Skills (BIS)
HMRC Special Compliance Office

How we can help with fraud charges

If you need a reputable fraud solicitor in London, we are the go-to law firm. Our team of experienced criminal fraud defence solicitors have successfully defended many clients facing various fraud charges, from minor allegations to complex cases.involving multi-million pound conspiracies.We can handle a comprehensive range of fraud-related issues, including those below.

Bank Fraud

This offence involves obtaining money or property from a bank or its customers using dishonest and potentially unlawful methods. Due to the banking system’s complexities, this crime can take various forms. It is critical to seek legal advice as soon as possible when subjected to banking fraud-related investigations.

Missing Trader Intra Community (MTIC) or Carousel Fraud

MTIC or carousel fraud usually involves importing high-value technical commodities from European Union countries, such as mobile devices. While the perpetrator purchases these goods VAT-free, they sell them to consumers at VAT-inclusive prices. The end result of this criminality is huge losses to the Treasury. Innocent businesses may also end up being victims, if HMRC hold back VAT repayments that are genuinely due to them.

Advance Fee Fraud

This offence involves soliciting advance payment for goods or services from people while making them believe they will benefit financially as a result. However, the perpetrator does not end up delivering the goods or services after receiving the payment, and the allegation is that there was likely no intention of the goods or services being delivered, from the outset

Boiler Room Fraud

Boiler room fraud involves conning an investor into buying worthless shares, at inflated prices, that are impossible to sell. This swindling offence often involves a cold call to the target victims offering the opportunity to invest in shares, with the promise of high returns that are usually too good to be true..

Mortgage Fraud

This offence usually involves providing false information during a mortgage application, such as misrepresenting your income to obtain a mortgage for which you would otherwise not qualify. It may also include increasing the property’s apparent value so you can secure a larger loan against a property of low value. You should consult specialist mortgage fraud solicitors at Hudson Marshall Solicitors if you face criminal allegations of this type.

Identity Fraud

This offence involves dishonestly using the identity of another individual or organisation to benefit yourself or others or cause loss for the targeted victim.

At Hudson Marshall Solicitors, We Also Specialise In The Following Offences:

Credit/debit card fraud
Diversion fraud
Outward diversion fraud
False accounting
Forgery and counterfeiting
Fraud against a financial institution
Benefit fraud
Pyramid schemes
Charity fraud
Internal fraud
External fraud
Inward diversion fraud
Fraudulent investment schemes
Income tax fraud
Insider dealing and market abuse
Insurance fraud
Pension fraud
Money laundering

If you need a reputable fraud solicitor in London, we are the go-to law firm. Our team of experienced No matter the criminal proceedings, we work with our clients through every step of the process. Regulated by the Solicitors Regulation Authority (SRA), our fraud solicitors are committed to providing you with all the help you need to defend yourself against criminal allegations successfully. We have a proven track record of offering successful defence to hundreds of clients facing serious fraud allegations.

You Can Trust Our Team To Help With Every Aspect Of Your Case, Including:

Comprehensive bail applications, where necessary
Offering much-needed guidance after ‘dawn raids’
Preparing you for interviews with investigators and attending by your side
Preparing your defence strategy for trial
Successfully defending you in court

What are the penalties for fraud?

The penalty for fraud related offences varies significantly depending on the specifics of the offending, The severity of the sentence you receive is directly linked to your level of culpability, and the level of harm to the victim. Culpability is judged within the context of some of the following factors:

Whether involvement of others through pressure, influence
Whether abuse of position of power or trust or responsibility
Level of sophistication/planning
Period of time Fraudulent activity conducted over
Number of victims
Whether victim targeted on basis of vulnerability

The level of harm caused is directly linked to the loss caused or intended to the victim. For Frauds with high culpability and losses of £500,000 or more, the maximum prison sentence is ten years.

Penalties for Confidence Fraud

A conviction for confidence fraud can attract up to a 10 year custodial sentence. If accused of false accounting, you may also face prosecution under Theft Act 1968 and face up to a 7-year imprisonment.However, maximum sentences for this kind of offence are usually reserved for the most serious fraud charges involving multiple victims and culprits gaining over £500,000. Crimes resulting in victims losing amounts ranging from £20,000 to £100,000 attract a maximum of a 3-year 6 months’ prison sentence.Less serious offences usually attract community orders or a maximum of a six-month imprisonment. If the offence involves a highly vulnerable victim or a significantly large sum of money, the sentence will be higher.

Penalty for Bank, Insurance, or Credit Fraud

Banking, insurance, and credit-related offences, including mortgage fraud, can attract a maximum prison sentence of 10 years. If such an offence involved a premeditated operation over a significant period or if the perpetrators made over £500,000 from the crime, the sentence can range from 3 to 7 years imprisonment.The sentence could be shorter if the offence involved less than £100,000 worth of fraudulently obtained funds. You may receive a non-custodial sentence if convicted of a single offence of low value, using unsophisticated means to commit the offence.

Penalties for Benefit Fraud

Sentences for benefit fraud vary widely depending on the severity of the alleged offence. If convicted of a high-value fraud involving meticulous planning, you Banking, insurance, and credit-related offences, including mortgage fraud, can attract a maximum prison sentence of 10 years. If such an offence involved a premeditated operation over a significant period or if the perpetrators made over £500,000 from the crime, the sentence can range from 3 to 7 years imprisonment.The sentence could be shorter if the offence involved less than £100,000 worth of fraudulently obtained funds. You may receive a non-custodial sentence if convicted of a single offence of low value, using unsophisticated means to commit the offence

When should you seek legal advice?

If you are facing allegations of fraudulent activities, it is critical to seek legal advice as soon as possible to prepare a solid foundation for your defence. A conviction for a fraud offence can have severe consequences for yourself, your family, or your business.

The knowledgeable and experienced fraud solicitors at Hudson Marshall Solicitors are experts at handling the most complex cases and confiscation proceedings. They will go above and beyond to get the most favourable outcome in your case.

Hudson Marshall FAQ

The UK law defines fraud as making a dishonest representation to make a gain for yourself or to cause another a loss. It also entails dishonestly withholding information when you had a duty to disclose it.

Benefit fraud is an offence that may involve the making of a dishonest representation to claim benefits.

A conviction for this offence can have devastating consequences on your finances and your family. If found guilty, you may face a custodial sentence. This type of offending is viewed very seriously, due to the loss being suffered to the public purse. If convicted, you will be made to return the money obtained fraudulently.

The law allows local authorities, HM Revenue and Customs (HMRC), the Department for Work and Pensions (DWP), and other government agencies to conduct investigations to identify and prevent fraudulent activities. These agencies may share information about you with each other. Additionally, the law allows them to gain access to your workplace or business premises as part of an investigation.

Hudson Marshall Solicitors

FRAUD DEFENCE LAWYER