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15 Nov 2021

Fraud is a criminal offence that is carried out for financial gain by an individual, group or business whilst withholding the lawful rights of another person or organisation. If you have been accused of fraudulent activity, then it is important that you contact us here at ABV Solicitors at the first instance so that we can delegate a fraud solicitor to you.

The complications of fraud cases

Sentences for fraud vary from non-custodial sentences to imprisonment for a significant length of time, depending upon the amount of money involved and the role that the accused played in the fraudulent activity. Without legal representation, fraud cases can be lengthy and complicated and have detrimental effects on your career and social reputation. Dealing with a fraud crime involves extensive amounts of paperwork to be completed and evidence to be collected. Therefore, it is important that you have the assistance and representation of a top fraud solicitor from our award-winning firm so that you can rest assured your proceedings are dealt with correctly and in a timely manner to prevent further complications for yourself.

Our fraud solicitor at ABV Solicitors will assist you throughout the entire process. If you are convicted of fraudulent activity, then there are further proceedings to deal with.

What are confiscation proceedings?

Confiscation proceedings are court proceedings that take place at the Crown Court following a criminal fraud case where you have been convicted for an offence that has either generated or was intended to generate financial gain. The aim of confiscation proceedings is to seize and remove these gains and serve a penalty accordingly. The amount to be paid back is calculated by considering the amount that you may have benefited from your involvement in the offence and also the amount that you have available at the time.

At the end of a confiscation proceeding and when an order has been made, you are usually given up to 3 months to pay. This period can be extended on application, as long as we are able to prove that you are making a full effort to repay this money. If not, the magistrate court will try to enforce the order in one of two ways: they will either seize your assets and coerce you to sell your property or take control of your bank accounts. If this does not work, then they will issue a prison sentence.

Simply put, the full amount needs to be paid or you will acquire a sentence in default. If you are unable to pay the amount, then you may take out a loan. However, this will only work in certain circumstances, and our fraud solicitor will be able to advise accordingly to ensure that you are adhering to the rules and regulations to help prevent any further complications.

Speak to us at ABV Solicitors today so that we can delegate our top fraud solicitor to assist and represent you throughout the process, and together, we can achieve a favourable outcome for your circumstances.