What does a fraud defence solicitor do?
When should you contact a fraud solicitor?
The difference between regular solicitors and fraud specialists
Dealing with fraud cases can be challenging because they are often complex and require a deep understanding of the underlying legal subject matter. As such, you may not always know what to do next if you are a defendant facing a fraud accusation.
Fortunately, fraud solicitors can help. They are specialists who can defend you against inquiries by the Serious Fraud Office (SFO), the City of London Police, or HMRC, giving you the best possible chance to defend yourself and achieve the best outcome.
Fraud defence solicitors do more than just represent you in court. They manage your case from start to finish, ideally preventing it from going to trial if possible. They can:
There are several situations in which you should contact a fraud solicitor. Here’s some scenarios when we advise you to call us:
If the authorities have broken into your home or business before dawn or at some other unexpected hour, contact us right away.
Dawn raids usually mean you are in their sights, and they are looking to seize evidence before it can be removed or destroyed (in their view). As solicitors, we immediately review the search warrant to ensure the authorities stayed within their legal powers when conducting the raid.
We also work to recover seized devices like laptops, tablets, and phones. Police may take them and try to extract incriminating information from them, which they can later use as evidence in court.
Another sign that you should contact a fraud solicitor like us is if you’ve been invited for a voluntary interview. The word “voluntary” means it’s your choice to attend, but it’s still a formal interview under caution. Anything you say can be recorded as evidence and later used against you.
Working with a solicitor enables you to get a “disclosure.” This is a document the police release that explains why they’re interviewing you and what information they’re looking for. It helps you plan your defence and avoid saying anything incriminating.
Finally, it may be a good time to contact a fraud solicitor if your employer has suspended you or is conducting an internal audit into financial discrepancies. They can help you navigate the disciplinary process and work to prevent it from becoming a police matter. Employers may prosecute if they believe the evidence against you is strong enough.
The difference between a regular solicitor and a specialist fraud solicitor is significant.
A general criminal solicitor will have a basic understanding of theft and robbery. A specialist fraud solicitor, on the other hand, knows more about complex corporate structures and VAT. They understand what the Serious Fraud Office and HMRC are looking for and how to construct the strongest defences from the current situation. They also have more experience working with the bodies that might be investigating you, including the FCA, HMRC, and the SFO.
Regular solicitors handle a high volume of street crime cases, but they do not often work with white-collar defendants. If they do, their resources are usually limited. Specialist fraud solicitors have more access to QC barristers and forensic accountants who can map the evidence against you properly and understand the case in detail, giving you the best possible defence.
The prosecution must show that you acted dishonestly to convict you of a crime or fraud under the Fraud Act 2006 in the UK. That means you must have deliberately tried to deceive someone at some point to be liable.
Of course, this is a subjective test, so the prosecution must show you intended to commit fraud, rather than simply appearing to commit it. That is why fraud solicitors work with you to build a narrative of “commercial reality”: to explain why your business may have made a mistake, and to persuade the court that there was never any intent to deceive.
This might sound challenging, but it is easier to do in practice than you might think. Many companies inadvertently commit “fraud” because of the challenges of working within the complexities of corporate compliance. In many cases, fraud allegations are too severe, and it is a simple compliance issue that can be corrected quickly.
Getting help with fraud allegations is easy when you come to ABV Solicitors. We assist clients across the UK with fraud cases and are currently regarded as leaders in our field, with extensive representation experience for clients facing a wide range of allegations from law enforcement authorities.
Raid and arrest can occur without warning, so get in touch with our team at any time. We are available 24/7 if you have experienced any of the situations described above or simply want advice.