If you have been accused of fraud, it can be an extremely stressful and intimidating experience, especially if you believe you have done nothing wrong.
With UK enforcement agencies, such as the Financial Conduct Authority (FCA) and HMRC, increasing their focus on fraud and white-collar crime, individuals and businesses are more likely to find themselves under scrutiny.
Fraud investigations are lengthy and legal support is crucial from the beginning.
Our Criminal Defence expert, Jeremy Sirrell, explains what your rights are and what steps you should take if you are facing an investigation.
What should you do first if you are accused of fraud?
If you become aware that you are being accused of fraud, the most important thing to do is to seek specialist legal advice immediately.
Fraud allegations can often arise from misunderstandings, administrative errors or the actions of others within a business.
However, even seemingly minor issues, such as inaccurate filings or omissions, can trigger serious investigations.
A solicitor can support you with interviews under caution, requests for documentation and communication with investigating agencies.
Do not attempt to explain your position directly to investigators without legal advice, as what you say at an early stage can have long-term implications.
What are you being accused of?
In England, Wales and Northern Ireland, fraud offences are primarily governed by the Fraud Act 2006.
This includes:
- Fraud by false representation
- Fraud by failing to disclose information
- Fraud by abuse of position
These offences can be heard either in the Magistrates’ Court or the Crown Court and carry maximum sentences of up to 10 years in prison, as well as substantial fines.
Investigating agencies will be looking to establish any dishonesty and intent. This may involve analysing financial transactions, reviewing documents, examining electronic evidence, such as emails and messages, and taking witness statements.
In more complex cases, forensic accountants and other experts may be instructed to help investigate.
What are your rights during a fraud investigation?
If you are arrested or invited to attend an interview under caution, you have the right to remain silent and the right to legal representation.
Whether or not you should answer questions is often a difficult decision to make, sometimes it is better to remain silent, on other occasions answers in interview can be a crucial part of any defence.
Advice on which approach is an important part of the advice a solicitor may give and it essential to consider representation in any interview that may be arranged.
You are also entitled to client-solicitor confidentiality and anything you discuss with your solicitor is strictly private.
Being open and honest with your legal team allows them to properly assess your situation and build the strongest possible defence.
Why do you need a criminal solicitor?
Fraud and white-collar crime cases often involve thousands of pages of evidence and complicated legal procedures.
You should seek the help of criminal solicitors who understand how enforcement agencies build their cases and how to protect your interests at every stage.
How can we support you?
Our specialist solicitors have expertise in advising and representing clients facing white collar crimes allegations, including negotiations in Proceeds of Crime Act (POCA) hearings.
We can analyse the allegations and evidence against you and communicate with prosecutors on your behalf.
Due to the potential seriousness of all fraud cases, we would advise you to seek advice at the earliest opportunity to help us provide the best possible representation.
For further support or advice during a fraud accusation, contact our team today.
