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09 Mar 2020

If you are accused of fraud, you must act promptly by seeking out legal representation. Waiting too long to hire a fraud solicitor could impinge on your reputation, employment and liberties, should you be facing time in prison.

Our legal team at ABV Solicitors are professionals who will strive to handle your case with discretion while ensuring that you receive a fair verdict, and that your legal rights are protected.

In this article, we are discussing what you should do upon learning that fraud allegations have been made against you which you believe to be untrue or unfounded.

Hire a legal representative

We cannot stress this point enough; failing to do so because you are rejecting or ignoring the allegations is ill-advised, and could result in you having a conviction and potentially paying compensation to the Complainant.

At the same time, choosing to conduct your own inquiries could result in missteps that do not serve to strengthen your case. Instead, present all the necessary documents, such as bank statements and payslips, to your fraud solicitors so that they can conduct a formal investigation on your behalf.

Do not admit guilt

Sometimes allegations are made that are not based on fact and may be the result of miscommunication or misunderstanding.

Let the investigation take its course with your fraud solicitor heading the investigation. You may find that the charges are dropped against you because no evidence points to your involvement in fraudulent activities.

Know what you are being accused of

Fraud refers to dishonest acts that are committed intentionally to deprive another person of something of value.

Fraudulent activities are carried out stealthily, so that the victim of these crimes only becomes aware of these falsehoods when it is too late, experiencing financial damages as a result.

Fraud takes on several different forms, ranging from check theft and forgery, through to money laundering and more.

It is essential that you know precisely the type of crime for which you are being charged, compile as much information as you can, and demand that everything be in writing.

How will fraudulent activity be charged?

Your fraud solicitor will explain to you whether the crime for which you are being accused will be prosecuted as a criminal or civil offence, and if the accuser is suing for restitution.

Being accused of fraud is a severe matter and the expertise of a qualified fraud solicitor must be sought out.

Elements that prove fraud was committed

You may be found guilty of fraud if the factors below are proven beyond a reasonable doubt. If this happens, your defence will fight for a just verdict.

• The impact a false statement has made on a victim’s decisions, actions, and current circumstances.
• The perpetrator knows that the information was incorrect, while also intending to deceive the individual.
• Evidence showing the consequences of the false statement, i.e. the accused suffering from financial loss that has affected their lives.

It is important to note that not all false statements point to fraud but are instead based on an opinion that others may have taken at face value.

In these instances, it may not have been your intent to deceive, but resulted from a miscommunication that drove another person’s actions.