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03 Oct 2022

Most people are familiar with the basic concepts of fraud. If you take out a loan in someone else’s name, that’s fraud. Lying about how much you earn to HMRC on your end-of-year tax assessment is also fraud. But when it comes to the legal definitions, sentences and other areas of fraud law, most people become unstuck; understandable, as fraud law in the UK is indeed a complex area!

But if you have been accused of fraud by HMRC, the police or another legal entity, you will need someone to defend you, and that is where our team at ABV Solicitors comes in.

At ABV Solicitors, our team of trained experts will be able to defend your case and guide you on criminal fraud investigations, as well as internal and external cases. We understand the workings of the National Crime Agency, HMRC and those who represent these groups, and we will aim to help anyone facing an investigation.

So, back to the case and point: what is fraud in the UK? What are the sentences, and how can our fraud solicitor help you?

What is fraud in the UK?

In the UK, fraud is when an individual makes a deliberately dishonest claim or representation to their advantage.

According to our fraud solicitor, a common example of this is falsifying evidence relating to how much your company earns so that you pay less tax.

Fraud is also when an individual refuses to disclose information that they were legally obliged to reveal, such as how much money their company made. Fraud also extends to the actions surrounding these claims, such as altering invoices, false accounting practices and discussing with others that you are going to undertake an action that will cause loss to someone else relating to money or assets.

False representation and fraud

False representation is an essential area of any fraud investigation, and it pertains to someone making a false representation, knowing fully that this claim was untrue and with the aim of themselves gaining at the loss of another person.

This is where our team can help. Suppose you made your first tax return but made an error and are now facing fraud charges from HMRC; this would be an example of human error, not one of fraud, and our team would seek to showcase this point. We would also usually advise you to time hire an accountant to oversee your tax returns. That way, if an error is made, it will not be deemed your issue.

Defining dishonesty

Much like the initial false claim or representation, any fraud case hinges on the basis of dishonesty, which can be a hard thing to prove in any court.

In any case of fraud, our team will need to showcase that you or your company did not mean to be misleading and that it was all due to simple human error or even a misunderstanding of the law.

What is the sentence in the UK for fraud?

When it comes to being found guilty of false representation, the maximum sentence in the UK is six months of jail time and/or a £5,000 fine.

In more extreme cases of fraud, you could receive a fine of an unlimited amount and spend up to 7 years in jail; therefore, it is so important to find a fraud solicitor who knows fraud law inside and out.