Fraud allegations in a business setting
Business fraud allegations can arise from trading practices, accounts, invoicing, tax or insolvency. Individuals may face charges such as fraud under the Fraud Act 2006, false accounting under the Theft Act 1968, or fraudulent trading under the Companies Act 2006. Investigations may be led by the police, HMRC, the Serious Fraud Office or other agencies, each with its own powers and procedures.
Organisations face growing exposure. Under section 7 of the Bribery Act 2010, a commercial organisation can commit an offence by failing to prevent bribery by people associated with it, unless it had adequate procedures in place. The Economic Crime and Corporate Transparency Act 2023 created a similar offence of failing to prevent fraud for large organisations, with a defence of reasonable prevention procedures.
Early advice is vital. Investigators may seek documents, interview staff or execute search warrants with little warning, and decisions taken in the first days can shape the whole case. We advise directors, employees and organisations, review documentary and digital evidence closely, and represent clients personally in court. Where the interests of different clients may conflict, we will tell you at the outset.
What we do for you
- Urgent advice on search warrants and production orders
- Preparation for interviews under caution
- Advice on corporate failure to prevent offences
- Review of accounts, invoices and electronic records
- Advice on restraint and confiscation proceedings
- In-court representation by your own solicitor