Fraud

We act for clients facing investigation by the Serious Fraud Office, HMRC Investigations, specialist fraud divisions of the police, the Financial Conduct Authority, the National Crime Agency, the Insolvency Service, the Health and Safety Executive and Trading Standards.

We act for individuals and businesses, professionals including solicitors, accountants and doctors. We have acted for politicians in both Houses. We frequently act for company directors and owners of businesses large and small. We act in cases of bribery and corruption.

We deal with allegations of fraud against banks, financial institutions, employers, and have in the past acted in cases involving the NHS, the Welsh Assembly, charities, the Skills Funding Agency and victims have also included members of the general public. Over recent years few firms can match our experience in defending cases investigated by HMRC. We act in multi jurisdictional cases and are specialists in mutual assistance and extradition.

Our key areas of specialism:

Serious Fraud Office Investigations
Dawn Raids
Crisis Management
Cryptocurrency investigations
Corruption and bribery
Trading Standards prosecutions
Insolvency Service prosecutions
HMRC Investigations
Financial Conduct Authority investigations
Furlough fraud
Money laundering
Unexplained Wealth Orders

The Sentence for Fraud

Prosecutions for fraudulent activities are typically brought under the Fraud Act 2006, which encompasses various types of fraudulent conduct, including:

False representation – Section 2
Failing to disclose information – Section 3
Abuse of position – Section 4

The severity of the sentence imposed by the Court depends on several factors, including the value of the fraud, the complexity of the case, and the relationship between the parties involved. Under the Fraud Act, the Court has the authority to impose a maximum sentence of up to 10 years of imprisonment for fraud convictions.

Given the potential for lengthy prison sentences associated with this type of criminal offence, it is imperative to secure specialist legal representation to maximise your chances of a successful outcome. Experienced legal counsel can provide strategic guidance and advocacy throughout the legal process, helping to safeguard your rights and interests effectively.

What is the difference between fraud and serious fraud?

Serious fraud encompasses a broad spectrum of high-value and intricate financial or ‘white-collar’ crimes. In the UK, serious fraud can encompass various circumstances and individual actions, potentially leading to convictions that result in lengthy custodial sentences.

Investigations into serious fraud can target both individuals and businesses. The complexity and scale of these offences often necessitate thorough investigation and prosecution by specialised authorities, such as the Serious Fraud Office (SFO). Given the gravity of the allegations and the potential consequences, it is essential for individuals and businesses facing such investigations to seek expert legal guidance and representation.

Does fraud come under civil or criminal law?

Fraud can indeed be pursued as either a civil or criminal matter, depending on the circumstances and the impact on the victim.

Civil fraud typically involves fraudulent activity pursued through private action in civil courts. Victims may seek to recover lost assets or claim compensation for damages incurred.

On the other hand, criminal fraud involves prosecution by authorities such as the Serious Fraud Office (SFO) and the police. Investigations are conducted, and cases are brought before the courts when wrongdoing is suspected.

Victims of serious fraud are not restricted to pursuing either civil or criminal claims—they may opt to pursue both simultaneously. This dual approach allows victims to seek various forms of redress and hold perpetrators accountable through both legal avenues.

Who investigates complex fraud cases?

The Serious Fraud Office (SFO) is primarily tasked with investigating and prosecuting instances of high-value and complex fraud.

As a specialized prosecuting authority, the SFO focuses on tackling top-level serious or intricate fraud cases. It’s important to note that the SFO’s jurisdiction is limited to England, Wales, and Northern Ireland, and does not extend to Scotland, the Isle of Man, or the Channel Islands.

The SFO evaluates cases based on factors such as the intended or actual harm caused to the public, the reputation and integrity of the UK as an international finance centre, or the overall economy and prosperity of the UK.

While the SFO plays a key role in investigating such matters, it’s not the sole authority involved. Other relevant bodies, including the National Crime Agency (NCA), the Financial Conduct Authority (FCA), and Her Majesty’s Revenue & Customs (HMRC), may conduct investigations independently or support the SFO in its investigations as needed. Collaboration between these agencies enhances the effectiveness of fraud investigations and ensures comprehensive coverage of fraudulent activities.