Did you know that business fraud is one of the UK’s most common and underreported crimes? Many businesses choose to deal with fraud in-house rather than involving the authorities, but with thousands of cases each year, there are also many cases in which the police get involved.
Being accused of business fraud can be anxiety-inducing and can have professional and personal implications even at its earliest stages. If you’ve been accused of business fraud, then you can help increase your chances of a favourable outcome by avoiding some of the common mistakes that people in your position often make. In this post, we’ll run through some of the most common errors, as well as offer guidance on what you should do instead.
Talking Without Legal Representation
People often panic when they find themselves in a difficult situation, and hope to resolve it as quickly as possible. When approached by the authorities who wish to speak to them in connection with business fraud, some people use it as an opportunity to clear their name.
While you can understand why they do this, it’s important to remember that speaking to investigators without proper legal representation is absolutely the wrong option. While investigators may appear friendly and make it seem as if they just want a quick chat, in reality, they’re conducting a criminal investigation. Anything you say can be used against you as evidence, and it can be hard to undo or clarify any statements later down the line.
Instead of answering their questions, get in touch with a business fraud solicitor. They will be able to manage your communication with the investigators on your behalf. It’s recommended to get in contact with a fraud solicitor as soon as possible after you become aware of the investigation, since this will allow for plenty of time to put together your defence.
Underestimating the Potential Consequences
Nobody wants to discover that they’re being accused of business fraud. In some cases, people can go into denial, or at least downplay the potential implications. However, it’s important to keep in mind that business fraud can have severe legal, personal, and professional ramifications. In extreme cases, business fraud can lead to prison time and/or severe fines.
Even if you believe that there’s nothing to hide, it’s vital to take the accusation seriously. After all, the investigators will be doing so. Taking the necessary steps, staying calm, and fighting your corner helps to increase your chances of successfully overcoming the charges. Doing so will also help to avoid negative personal and professional consequences, too.
Communicating With the Accuser
It can be tempting to communicate with the person who has accused you of committing fraud, especially if you’ve previously had a positive relationship. However, it’s always recommended to refrain from doing so. Contacting the accuser runs the risk of harming your case, even if your intentions are innocent. There’s very little to gain, yet a lot to lose — it’ll nearly always complicate your legal defence, for instance.
The best solution is to let your solicitor be in charge of any communication relating to your case.
Deleting/Hiding Evidence
Even if they know that they’re innocent, many people who are accused of business fraud attempt to delete or hide evidence that they believe may strengthen the case of the prosecution.
However, this approach is never recommended. Even though, again, your intentions might be innocent, it can appear from the outside to be a major red flag. In addition, criminal investigatory tools can often uncover deleted/hidden evidence anyway. Not only will they likely find the deleted evidence, but you may also be at risk of additional charges.
The better approach is to avoid deleting anything. You can speak to your solicitor about the best way to organise and present your documents.
Talking on Social Media
When people feel that they’re under attack, they can often try to explain or defend themselves. This commonly happens in the case of reputational damage, in which a person attempts to preserve their reputation by explaining their side of things, especially via social media.
However, while it can be tempting to tell your side of things to your online audience, it’s important not to do so. While the case is ongoing, prosecutors may use whatever you say on Facebook/Instagram/etc as evidence against you. The best option is to stay quiet and let your solicitor handle things on your behalf. It’s much better to win your case and then speak to your friends and family, rather than posting prematurely and risk damaging your defence.
Discussing the Case at Work
It’s even more important to avoid discussing the case at work, especially if you’re dealing with business fraud. While you may believe that you’re confiding in people that you trust, you may find that the information quickly spreads and is eventually used against you. Even seemingly innocent statements can be twisted. In addition, you might find that being accused of business fraud impacts your professional life.
As with social media, the best approach is to resist the temptation to say something and simply stay quiet.
Overlooking the Bail/Interview Conditions
Failing to comply with any conditions set out during your interview or bail (if arrested) conditions may result in additional criminal charges that complicate your case. When facing business fraud, your energy and attention should be on overcoming that charge, not dealing with additional legal matters. Whatever conditions are set, stay compliant.
Hiring a General Solicitor Rather Than a Specialist
There’s no shortage of solicitors who can help you when you’re facing business fraud charges. However, how much they can help you can vary significantly. While having a general solicitor is better than having no solicitor at all, you’ll find that it’s much more effective to launch a robust defence if you work with a solicitor who specialises in business fraud.
At ABV Solicitors, we’re known for being one of the UK’s top fraud law firms. Contact us today by calling 0344 587 9996.
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