What happens during a fraud investigation? If you’ve been accused of fraud, then you’re likely anxious about what’s going to occur and how long it will take. The bad news is that an investigation like this can run for a few months minimum, and sometimes up to 5+ years for complex cases. The good news is that we can guide you through the entire process and provide a timeline for what will happen and when it’s likely to happen.
Here is your fraud solicitor’s guide to fraud investigation timelines:
Unbeknownst to you, a fraud investigation has been taking place for weeks or months already. You only know about it when you receive your first official contact from the police – or whatever authority is accusing you of fraud.
This is the moment the whole investigative procedure begins for you, and it’s also when you need to contact a fraud solicitor. You need legal representation throughout all of the other phases in this timeline. If possible, avoid responding to any letters or messages you receive at this point until your fraud solicitor has a chance to create a response.
The first point of contact will normally involve a request for a formal interview. You have to remember that fraud is a criminal offence, and if an authority suspects you of committing it, they have every right to go to the police. The police will arrest you under suspicion of fraud, and you will then be taken in for questioning.
This is known as an interview under caution.
You’ve not been charged with anything, but the interview is a form of evidence. It’s a chance for the authorities to question you and record your responses. Legal representation is essential here to avoid saying or doing the wrong thing.
Due to the complexity of fraud cases, it’s incredibly rare to be charged immediately after your interview. There’s also a slim chance that you’ll be arrested and placed on bail – what usually happens is that you’re released under investigation.
Why? Because there’s simply not enough evidence at this point to convict you, and the authorities must take the time to review your interview and gather more evidence to support your prosecution.
During this stage, you will need to cooperate with your fraud solicitor as they work on creating a case for you. It will either be built around proving that you didn’t commit fraud or figuring out ways to mitigate your final sentence.
Investigators will take weeks or months to gather evidence and then review the claims against you. Your case will then be passed to the CPS (Crown Prosecution Service) where they determine what should happen next.
Based on the evidence they’ve received, they could rule that no further action should be taken. Your fraud solicitor will work hard to submit supporting evidence in your favour to, hopefully, get this outcome.
In that scenario, the case will be dropped – but the court could turn around and make a formal charge against you. This won’t mean that you’re convicted and have to go to jail (though you may have to pay bail at this point), but it will tell you exactly what the charges are so your fraud solicitor can fight for you in court.
A few weeks after the charges have been made against you, you will attend court proceedings for the first time. Most fraud cases are dealt with by the Magistrates’ Court, though severe ones go to the Crown Court.
It’s more of a formality than anything else; the court reviews your bail conditions and outlines a general timetable for the case. This will include all of the future court dates – keep in mind that cases like this rarely run on schedule, and you should expect dates to be pushed back all the time.
Think of this as the most important stage of the entire fraud investigation. It will be several months of you and your fraud solicitor working closely to set up your case and prepare for court. You’ll need to write statements, go through loads of mock interviews and questions, and be generally ready to speak out in court.
It’s all about coaching you on how to act and what to say, while your fraud solicitor works behind the scenes to put a killer defence together. They’ll call upon witnesses (if necessary), find as much evidence that supports you, and develop a narrative that frames you in a certain way. Most fraud solicitors will go for the “lack of intent” angle, which means they argue that you didn’t know you were committing fraud and it was an honest mistake.
After months of preparation, your trial begins.
You’ll go to court as and when required until the trial reaches a conclusion. Like every stage of the fraud investigation process, this can take weeks or months before ending. It’s no longer in your hands; you must trust your fraud solicitor to argue your case and put forth enough evidence that convinces the court of your innocence.
Admittedly, there will be cases that are too difficult to disprove, and you’re fighting for a reduced sentence and more lenient charges instead of innocence. A good fraud solicitor will still argue for you and do whatever they can to get the absolute best outcome given the situation.
Most fraud investigations will take six months at the absolute minimum from start to finish. This includes the time spent investigating you before making contact, all the way through to the final result. Cases like this will typically not go to court, as they’re either thrown away or you’re convicted very early on.
In most cases, you’re looking at at least a year of investigations and trials – possibly more. There’s no telling how long this can take, but what matters the most is that you contact a fraud solicitor as soon as possible. If you’ve just been contacted about a fraud investigation against you, then please don’t hesitate to get in touch with ABV Solicitors today.
When Is The Right Time To Contact A Fraud Solicitor?
Specialist Defence For Complex Financial Investigations
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