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Fraud is criminal deception that is intended to result in financial or personal gain. There is an ever expanding list of types of fraud that a person may be accused of, and the introduction and widespread use of the Proceeds Of Crime Act (POCA) means that these cases can become particularly complex, very long winded, and may result in the seizure of assets and the freezing of cash. By instructing an experienced lawyer you can help ensure that, whether you plead guilty or not to the crime, you will receive fair treatment and not be left without anything. The type of fraud that you are accused of will typically determine who will prosecute or investigate the case against you. Likely agencies and authorities include the HMRC, FSA, and the Fraud Prosecution Service. All will attempt to provide that you deliberately and illegally deceived one or more people in order to try and make a financial or other form of personal gain. More and more benefit fraud cases are being prosecuted, and these may involve lengthy investigation by government agencies. Typically, people that are guilty of this type of fraud will have claimed for one or more forms of benefit, including but not limited to housing benefit and unemployment benefit, knowing that they were not entitled to it, and by lying on applications. More serious cases may involve the creation of fake identities and addresses. Insurance fraud is also commonplace, and the government has promised a crackdown on this type of crime. Non-existent injuries and even faked passengers may be included in insurance claims following accidents, and this is considered a form of insurance fraud that insurers take a particularly dim view of. Criminal rings may even orchestrate accidents themselves, ensuring that they look as though they were caused by the other motorist, and then claim highly inflated damages. Fraud cases can become extremely complex, especially where multiple victims are involved, or where large sums of money that are difficult to trace and account for are involved. Ashcott Solicitors can not only help defend your case, but also provide you with assistance in fighting POCA cases that might be connected to your fraud case. Fraud Offences – Questions we’re often asked What constitutes fraud? Fraud defines a broad range of crimes which revolve around making dishonest representations, the aim either being to cause another a loss or for yourself to gain. Fraud doesn’t necessarily have to include lying in the positive sense of actively stating something false. It can also include neglecting to state information where you have a legal duty to disclose that information. Fraud can either be committed alone, or in conspiracy with others through an agreement that profits over the loss of a third party. Benefit fraud is a commonly convicted crime with serious financial consequences, where an individual misleads the benefits office by giving false information, leading to the individual receiving inappropriate sums of money at the expense of the government. Classifications of fraud Fraud is a complex legal area, covered by a mixture of the Fraud Act 2006 and the Theft Act 1968 that the former was designed to supersede and provide clarity over. Other offences might be relevant under the Computer Misuse Act 1990, the Bribery Act 2010, the Financial Services and Markets Acts 2000 and 2012, and the Identity Documents Act 2010. The legislation is also broad in its potential application and covers both corporate bodies and individuals. There are multiple different examples of fraud. These include, but are by no means limited to: financial fraud, identity fraud, pension fraud , insurance fraud, mortgage fraud , immigration fraud and benefit fraud. As fraud as an offence is defined as necessitating the deliberate use of deception that causes the loss of another, it isn’t fixed to the examples listed above. Recently, there has been a steep rise in internet fraud, and the internationalism inherent to such cases has further blurred how cases can possibly play out. It’s possible that you could be charged with fraud in a wide range of scenarios, and it’s that breadth of possibility that makes it so important that your solicitor has a deep understanding of fraud-related legal areas. Direct experience in these matters is not optional, it’s a necessity. What should you do if you’ve been charged with fraud? The potential ramifications of a fraud charge are incredibly serious. The sentencing maximum for a fraud charge alone is 10 years’ custody, however, fraud charges are frequently accompanied by charges of bribery and corruption. The sentencing maximum of these offences, when combined, is incredibly serious. It is also highly likely that the Proceeds of Crime act will be initiated in the event of an investigation. This will likely mean that any assets associated with the crime will be confiscated. Further financial implications could include fines, in addition to confiscation. With fraud charges, it’s highly important to seek legal assistance in a timely manner. A strong legal defence can make a massive difference in these cases, where intent is often everything and a wide variety of investigatory bodies will be set on conviction. Ashcotts Criminal Solicitors are expert fraud solicitors and have full knowledge and experience of dealing with the following types of serious fraud cases Advance fee fraud Banking fraud Boiler room fraud Carousel Fraud Charity Fraud Computer fraud Conspiracy to defraud Copyright fraud Counterfeiting Credit card fraud False accounting Forgery Fraudulent investment schemes Identity fraud Insider dealing Insurance and benefit fraud Insurance fraud Mortgage fraud MTIC fraud Pension fraud These offences can be investigated by a range of prosecution and investigative agencies including Department for Business Enterprise Regulatory Reform(BERR) formerly the Department of Trade and Industry (DTI) Economic Crime Units of the Police Financial Services Authority (FSA) Fraud Prosecution Service (FPS) Health & Safety Executive (HSE) HM Revenue and Customs (HMRC) Office of Fair Trading (OFT) Serious Fraud Office (SFO) Serious Organised Crime Agency (SOCA) If you’ve been charged with Fraud, call our team now on 0161 234 0020 (Manchester) /0203 053 8625 (London) / 07956 555979 (24 hour). You can also contact our team at Ashcott Solicitors via our contact form . We will respond to you as soon as possible.
Money laundering is the process that criminals use in order to clean dirty money. This means that any proceeds from criminal acts are typically passed through a legitimate business in order that the money comes out looking legitimate, and can be spent freely and easily. Individuals and businesses may be caught up in the money laundering process, and while some may become involved intentionally in order to profit from the process, it is possible to become embroiled in such a scheme without knowing it. Changes to the law mean that the police and courts have greater powers to investigate, arrest, and prosecute anybody that is thought to have been involved in any stage of the money laundering process, and this type of case will often surface during a POCA case, when extensive investigation is carried out into a person’s finances. The Proceeds Of Crime Act was introduced as a means of offering greater powers to deal with financial crime, and the profits that are made from criminal activities. These types of case will involve considerable digging into a person’s financial activities and records, and it is during this process that money laundering activities are most often uncovered. Following the paper trail enables investigators to be able to determine who was complicit in the laundering scheme, and this will often lead to additional investigations and trials. Self-laundering cases are those that are brought against people that the CPS believes are guilty of laundering their own nefarious profits. However, laundering somebody else’s money, the covering up of money laundering, and even inaction against money laundering criminals are all considered offences by the courts, and you should ensure that you have an experienced legal representative to defend your case, regardless of which stage of the process you are accused of being involved in. Money laundering is treated seriously, and if found guilty, it is possible that you will have money and assets frozen under POCA. This can mean serious financial problems for you and your family, and it is vital that your solicitors have experience in dealing with complex financial cases. Contact Ashcott Solicitors today if you are undergoing a POCA investigation, or if you are facing a money laundering case. Money Laundering – Questions We’re Often Asked What constitutes money laundering? Money laundering is an offence defined in the POCA as “ the process by which the proceeds of crime are converted into assets which appear to have a legitimate origin, so that they can be retained permanently or recycled into further criminal enterprises.” Money laundering can be conducted through a wide variety of different practices, which all have in common a legitimate component. Generally, this might include a legitimate business which then inflates their income in some way, whether through false clients or other illicit accounting practices. The money laundering process is broken down into a couple of separate legal categories. The first is those who commit criminal offences and then proceed to launder that money. These prior criminal acts are called predicate offences. The second category consists of those whose only criminal activity is the laundering itself, disconnected to a degree from the crime by which the money was originally attained. The link between these two categories can sometimes be vague; it’s often the case that someone may be accused of money laundering as an individual in the second group, whereas in reality their involvement was unintentional, having been lied to by the first group who committed the predicate offences. Classifications of money laundering Mixed cases Mixed cases are cases where money laundering is a charge that can be included with an indictment of the predicate charge, in direct connection to the criminal act which involved the original attainment of the laundered proceeds. This can either be classified as self-laundering, where the laundering defendant is also the perpetrator of the predicate crime, or laundering where the launderer is someone other than the author, but in some way or ways connected. Soley money laundering It is also possible that money laundering might be the sole charge that can be brought forward with adequate proof for conviction, or is at least the most appropriate charge available. This will be a more straightforward case, but with potentially similar levels of legal nuance involved. Having the right legal team in either situation is imperative. What should you do if you’ve been charged with money laundering? Money laundering is an incredibly sensitive legal area, and as such it necessitates a sensitive legal approach. It’s important that you’re able to prove that you conducted a suitable level of due diligence in all aspects of your business. This base level of due diligence doesn’t need to be exceeded, but it at least needs to be met; if you’re solely facing money laundering charges, this due diligence will be the main defence upon which your case depends. Ashcott Money Laundering Solicitors – Contact Our Team If you’ve been charged with money laundering, with or without predicate charges, and require urgent legal advice, call us now on 0161 234 0020 (Manchester) /0203 053 8625 (London) / 07956 555979 (24 hour). You can also contact us via our contact form and we will respond to you as soon as possible.
The Proceeds Of Crime Act (POCA) was introduced to UK law in a bid to recoup some of the profit made by criminals following their criminal activities. Although it is most commonly used in financial cases, such as fraud and money laundering, it may be used by the courts and authorities to freeze the assets and seize the cash of a criminal that they believe will attempt to hide the money or sell the assets. POCA cases can be extremely complex, and because of the nature of the freezing and seizure, it means that a failure to contest the charges can leave you and your family without the money you need in order to live on. Initially, the courts or any of a number of police agencies and authorities may freeze the money in your bank accounts and your assets. This is done to prevent you from being able to see or transfer the property to another person, and the seizure will usually be in force until the end of the accompanying court case. This means that you may not be able to access the vast majority of your money, and the stipend that you are left with may not be enough for you to reasonably live on. It is possible for a lawyer to argue that this amount should be increased. The courts also have the power to seize any money that they believe has been accrued as a result of criminal activities. The courts seize several millions of pounds every year in this way, and the outcome of the case is legally binding, which means that you can face prison if you are unable or unwilling to pay the money that has been demanded of you. Assets may need to be sold, and interest is usually charged on the total recoverable amount. If you are due to appear in court and face having your cash or assets frozen or seized under POCA, then it is vital that you act quickly to help ensure that you receive fair treatment. Contact Ashcott Solicitors, who can help with any ongoing case, determine a fair stipend, and help ensure that only a reasonable sum is seized. POCA (Proceeds of Crime) – Questions we’re often asked What constitutes the proceeds of crime? The POCA refers to the Proceeds of Crime Act 2002. It was introduced to increase the power that courts had to confiscate assets connected to criminal activities. Prior to POCA, those powers were limited under the Drug Trafficking Act 1994 and the Criminal Justice Act 1988, and the effect of POCA was that there was a massive surge in asset confiscations. It extended the circumstances that courts could confiscate assets, not just to assets gained through criminal acts but also to all assets that can be argued to benefit criminal activity. Confiscation orders can be made either to the amount that was gained through criminal activity, or the amount that is available. Generally, the lower of the two amounts will be the amount that’s confiscated. In the case that the full sum isn’t paid, it’s possible that a prison sentence will be imposed. Classifications of the proceeds of crime Confiscation can happen in a wide variety of circumstances. Prosecutors often look at the defendant’s lifestyle. This process will constitute looking for relevant information on the MG3 and MG6 forms, along with any evidence of an excessively lavish lifestyle. Such evidence could include expensive homes, cars, or holidays, evidence that can be garnered from witness statements and custody records. Lifestyle provisions won’t apply to all cases. Where significant assets are deemed to have been gained from a specific criminal act, they can be sought under confiscation orders. An important thing to consider is that conviction is not a necessary requirement for cash confiscation under POCA. Cash forfeiture comes under civil law, and as a result, only civil standards of proof are necessary. There are multiple other similar scenarios that could play out alongside or instead of proceedings under POCA. One of these comes under Account Freezing and Forfeiture Orders, or AFFO’s. Under the Criminal Finances Act 2017, law enforcement agencies can apply to the Magistrates Court, an application which will often result in the freezing of UK bank accounts with a balance of over £1000. These freezing orders can stay in play for up to two years, or until a successful application is made for a forfeiture order. Freezing orders can have considerable effects on the ability of an individual to continue to live their standard lifestyle, and rapid legal assistance can make a massive difference. What should you do if you’ve been charged with possession of the proceeds of crime? Fighting confiscation under POCA is an extremely delicate legal matter. It often involves fighting concurrent civil and criminal proceedings, a legal niche that very few solicitors have extensive experience in. If you’re facing confiscation proceedings under POCA, it’s incredibly important to seek expert legal advice. The confiscation of assets or cash can have devastating effects on your business and personal life, and a thoughtfully considered legal defence can make a massive difference. Call us now on 0161 234 0020 (Manchester) /0203 053 8625 (London) / 07956 555979 (24 hour), or you can also contact our team at Ashcott Solicitors via our contact form . We will respond to your message as soon as possible.
Safdar Hussnain Ashraf is the Director and Senior Immigration Advisor at Ashcott Solicitors Ltd. With more than 20 years’ experience in UK immigration law, Safdar Hussnain Ashraf provides clear, practical advice and representation across visas, settlement, nationality, human rights and complex casework.
As an OISC-regulated immigration adviser, Safdar Hussnain Ashraf undertakes specialist casework and advocacy — including Immigration Tribunal appeals and administrative reviews — and is known for combining professional expertise with genuine care for clients and their families.
Whether you need help with a family or work visa, settlement, nationality, sponsor licensing, or a refused application, Safdar Hussnain Ashraf and the team at Ashcott Solicitors Ltd will guide you from first instruction through to completion.
