Fraud By Deception Offences
The ordinary meaning of fraud is to obtain something of value through deception, by misrepresenting the truth and or by cheating the rightful owner of the subject of the fraud. The legal definition of fraud is not far off. It is a criminal offence of intentionally deceiving other people in order to derive a personal gain from such deception. The misrepresentation must b fraudulent for the allegation of fraud to be upheld in court. In the United Kingdom, the Serious Fraud Office is one of the initiatives responsible for the investigation and subsequent apprehension of fraudsters.
The Fraud Act 2006 which came into force on the 17th of January 2007 splits the definition of the crime of fraud into three different steps. Section 2 of the Act provides that making false representations as to fact or the law either impliedly or expressly, being well aware that such representation is false for the purpose of deriving personal gain constitutes a criminal offence of fraud. Progressively, Section 3 also classifies as fraud where anyone fraudulently fails to disclose information to another party which they are under legal obligation to disclose. The third step or category of fraud is defined by Section 4 of the Fraud Act 2006 as committing fraud by abusing a position of trust; abuse in this context refers to both acts of omission and commission.
The common factor in all the above is the deliberate intention of the suspect to derive gin; permanent or temporary, from the fraudulent activities and/or representations. The Act further provides that where a suspect is indeed found guilty in the Magistrate’s Court i.e. on summary conviction, he or she may be sentenced to up to 12 months in prison and or a fine. Conviction on indictment in the Crown court attracts a significantly higher penalty of up to 10 years behind bars as well as or a fine.
Fraud Investigation: Criminal Defence LONDON Experts
Like most other serious crime matters, investigations into activities which are suspected to be fraudulent may go on for a considerable period of time. Several aspects of the suspect’s life such as areas of business dealings may be put on hold while others like family life are bound to be adversely affected. It is also not uncommon for the assets of anyone being investigated for fraud to be seized by the investigating authorities. There is no doubt therefore that being the subject of a fraud investigation is a very likely to be a terribly uncomfortable and difficult time for anyone. As if that is not enough to worry about, suspects under investigation by the Police, the HM Revenue and Customs, the Serious Fraud Office or any other related authority also have to be minded about the answers they give and information they divulge during the investigation which may later affect their case should it proceed to trial.
London’s most prominent criminal defence law network are adept at providing our clients undergoing this difficult process a much needed and highly important expert advice. Do not ignorantly or mistakenly implicate yourself and/or members of your family. It is highly imperative that you speak to criminal defence experts at the earliest opportunity. We will strongly advise against wasting any time because time is of high essence. As soon as you become aware of the likelihood of becoming a suspect or feel that you are being covertly surveyed, you should seek professional advice.
We know deception laws in UK
Many people make the often times costly mistake of waiting until they are actually arrested and/or cautioned and interviewed before seeking legal assistance. Whereas a timely involvement and expert intervention of a criminal defence team such as ours may make a world of difference, opting to do nothing until matters are well out of your hands can be very detrimental to your case. Talk to us today and let us handle matters from here onwards on your behalf. Many fraud cases are partially lost or won at this stage; let the experts handle it.
After all, it is what we do best. From the moment suspicions are registered, to investigations and through to trial, our highly regarded Solicitors’ areas of expertise extend to the defence of our clients against the Serious Fraud Office, MTIC Fraud, Boiler Room Fraud, Office of Fair Trading Investigations, Tax and/or Duty Evasion, defending our clients in cases brought against them by the HMRC and other fraud related matters.