Understanding a fraud allegation
Under the Fraud Act 2006, fraud can be committed in three ways: by false representation, by failing to disclose information you are under a legal duty to disclose, or by abuse of a position of trust. In each case the prosecution must prove that you acted dishonestly and intended to make a gain or cause a loss. No gain or loss need actually have occurred.
Dishonesty is often the real battleground. The court decides what you genuinely knew or believed, then asks whether your conduct was dishonest by the standards of ordinary decent people. Fraud cases can also bring confiscation proceedings under the Proceeds of Crime Act 2002, and orders restraining your assets can be made once an investigation has begun, so the financial stakes can be as serious as the criminal ones.
Early advice matters. Many fraud investigations involve voluntary interviews, requests for documents or search warrants long before any charge. What you say, and what you hand over, can shape the whole case. Our solicitors work through complex documentary evidence and represent clients personally in court, so the lawyer who understands the paperwork is the one standing up for you.
What we do for you
- Advice before voluntary interviews and on prepared statements
- Analysis of bank records, accounts and digital evidence
- Forensic accountants instructed where the case requires
- Advice on restraint orders and confiscation proceedings
- In-court representation by solicitors who know your file
