Fraud Defence

Fraud is where someone acts dishonestly to gain money or another benefit, or to cause someone else a loss. It can involve lying, leaving out important information, or misusing a position of trust, often contrary to the Fraud Act 2006.

Common examples include obtaining goods or services by deception, mortgage fraud, insurance fraud, investment fraud, or benefit fraud. Prosecutions require proving dishonesty, false representations or failures to disclose, and intention to gain or cause loss.

Money laundering involves concealing, converting, transferring, or removing criminal property. Proceeds of Crime Act 2002 creates offences of concealing criminal property, entering into arrangements concerning criminal property, and acquiring, using, or possessing criminal property.

Criminal property means property obtained through criminal conduct. Money laundering charges often accompany substantive offences like fraud or drug dealing. Defences include not knowing or suspecting property was criminal or making authorised disclosures.

Benefit fraud involves making false statements or failing to report changes to continue receiving benefits. The Department for Work and Pensions prosecutes benefit fraud overpayments. The threshold for prosecution varies.

Sentences depend on amounts involved and period of fraud. Custody is possible for substantial frauds particularly with previous convictions. Repayment is often required regardless of criminal sentences through civil recovery proceedings.

In many fraud cases, the key issue is whether you were actually being dishonest. You may have a defence if what you said was true, if you did not intend to gain or cause anyone a loss, or if you honestly thought you had given enough information.

An honest (even if mistaken) belief that you were entitled to act as you did can mean you were not being dishonest. In more complex cases, there may be innocent explanations for money movements or accounting entries. We carefully review the evidence to find gaps in the prosecution case and identify any defences that are available to you.

Fraud investigations often involve document seizure, financial analysis, and interviews. Police or agencies obtain search warrants seizing computers, documents, and financial records. Forensic analysis of financial records, emails, and documents occurs. Suspects are interviewed under caution.

Investigations can span months or years before charging decisions. Early legal advice is crucial in protecting your position during investigations. We advise on responses to information requests, attend interviews, and challenge investigatory procedures ensuring fairness throughout.

Confiscation is a process that can happen after a conviction, where the court looks at whether you have benefited financially from crime and what assets you have. The court can then make an order requiring you to pay a set amount, and if you do not pay, you can face extra time in prison.

The prosecution will often say that a wide range of money or property comes from criminal activity, sometimes going beyond the specific offence you were convicted of. You then have to show that some or all of your assets are from legitimate sources. We challenge the figures put forward, argue for a lower benefit amount, and provide evidence that assets are lawfully owned.

Fraud cases are usually slower than many other criminal cases because they involve a lot of documents and financial detail. Investigations can run for many months, sometimes years, before any charging decision is made.

Once you are charged, Crown Court cases can still take a long time to reach trial, depending on how complex the case is and how busy the courts are. There is often a large volume of evidence to go through, and expert accountants may be involved. Trials themselves can last from several days to many weeks in more serious cases.

Getting advice early helps you understand the likely timescales and what to expect at each stage. In some situations, careful preparation and negotiation can mean the case is dropped or resolved with an early guilty plea on a more limited basis, avoiding a very long trial.