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
Boiler room fraud
Carousel Fraud
Computer fraud
Conspiracy to defraud
Counterfeiting
Forgery
Fraudulent investment schemes
Insider dealing
Insurance and benefit 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.