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15 Mar 2021

We understand that among the many risks of running a business, big or small, is the challenge of being accused of fraud. Whatever the reasoning behind the claim, we have the expertise and foresight to represent and seek out the most favourable outcome for our clients. Our fraud solicitor at ABV Solicitors has a proven track record on VAT fraud, mortgage fraud, insurance fraud and benefit fraud. If you find yourself facing such allegations it is important to seek legal representation as soon as possible.

Fraud; the facts of the matter

Fraud’s legal definition in the UK is expressly stated in the Fraud Act 2006 and while you may often see fraud in the form of a scam, with the perpetrator profiting directly, this is not part of the legal definition which is partitioned into three aspects:

Fraud by false representation

Misrepresentation of facts either directly or indirectly, if you were aware at the time that these facts were not true, constitutes fraud. If you passed on a piece of information in good faith, which turns out to not be true, this is not a case of fraud.

Fraud by failing to disclose information

This is when information which would have obviously been relevant was omitted. Commonly seen in cases with HMRC, the defence fraud solicitor at ABV Solicitors will pursue is usually showing that attempts were made to provide the information and they were not processed correctly, or the need to disclose the information was unclear or simply not obvious.

Fraud by abuse of position

This encompasses the misuse of a legal position, such as in a broker mismanaging investments or an individual who has given away the power of attorney having their assets used in a way which is not in their best interests.

To establish guilt, the prosecution has to show that actions were taken that caused another party to experience a loss or greater risks than were required, not necessarily that the fraud was profitable to the perpetrator. There must be intent, or a lesser negligence claim may be in order.

The proceedings

The route the proceedings could take is dependent on the nature of the case and the people involved. A contract dispute between two individuals is very different from a company charged with VAT fraud by HMRC.

The possible outcomes are also too variable to discuss here in any meaningful way. Factors like the value of personal gain, the harm caused and possible history of fraud in the defendant’s past will all be considered at this point. Depending on the situation, your fraud solicitor could possibly advise it may be better to settle outside of the court if you do have a history of such allegations. We are happy to operate as arbitrator in settling matters outside of court when required.

Our defence of you

The complex nature of fraud makes a fraud solicitor at ABV Solicitors an invaluable asset as you face down this challenging time. Feel free to contact us at the office if you have any further questions, or need representation.