A conviction for fraud can be devastating. We understand it can affect you both professionally and in your private life. Should you find yourself accused of a fraud, it is imperative that you seek expert advice quickly and that you find a team with the knowledge and experience to support you through your ordeal from beginning to end. Cases involving fraud can be dealt with both in the magistrates’ court and the Crown court and can attract a maximum sentence of up to 10 years’ imprisonment.
At SMART Criminal Defence, we have exactly the right skills to help secure the best outcome if you, a friend, or a loved one finds themselves accused of a fraud. We always start with the basics, ensuring every aspect of the case is considered and our clients are consulted at every turn, so their desired outcome remains our priority.
Where do we begin with each fraud case?
This area of law can be a minefield as it is important to remember that most cases will involve a mix of common law, statute law (the Fraud Act 2006 in particular) and the Theft Act 1968.
What are the elements of the most common offence: fraud by false representation?
The prosecution must prove that the defendant made a false representation, dishonestly, knowing the representation may be untrue and/or misleading, and he or she did this to make a gain for themselves or to cause a loss to another or to expose another to the risk of loss. We appreciate this appears very long-winded, but it is imperative that every element that must be made out to prove a fraud is dissected in these cases. Too often they are not, and a potential weakness in a case is missed.
How important is the element of dishonesty when deciding if a fraud has been committed?
A key element to prove is that of dishonesty. In law, the definition of this term has shifted over time – there being an argument over how closely it should depend on the mental capacity of the accused (i.e. how subjective or objective the test should be). The question of whether the accused is likely to be found to be dishonest in a case of fraud could easily become the turning point in such cases. For this reason, it is essential that you obtain legal advice you can trust. At SMART Criminal Defence, we pride ourselves at keeping our legal training current and up-to-date and are acutely aware that not maintain these standards may make the difference between winning and losing.
What are some every day examples of fraud?
Very often types of fraud are best explained by giving everyday examples, so here are a few:
- Someone masquerades as another individual to take their driving test on their behalf.
- Somone places an item for sale on an auction bidding website, describing it as “genuine”, knowing full well it is a fake.
- A person finds a bank card in the street and uses it for contactless payment in a shop.
- An individual completes an application for a job and in the section asking if they have any convictions, decides not to disclose their convictions, knowing it would go against them if their prospective employer found out.
- Someone purports to sell items which don’t actually exist!
How many different types of fraud are there?
If the accused’s actions fit the elements relevant to fraud, it can be an offence under the Fraud Act. Human behaviour being as it is, people try all sorts of different ways to defraud others. As we have seen in the examples above, these can be very simple, but sometimes much more intricate, as we can see in the 2 examples below:
Boiler room fraud
This is the colloquial name given to the type of fraud where distance selling, telemarketing and telesales are aimed at getting individuals, often vulnerable persons, to buy products or investments which are either worthless or sold to them under a false premise.
Often the salespeople will be given a list from telemarketing companies to cold call, typically targeting those most likely to be duped, such as the elderly or those desperate to find a way out of a financial crisis.
The reality is that those who stand to gain from this type of fraud often do not care about those they employ to carry out the fraud, yet these employees regularly get accused of being criminally involved. Thankfully, however, a careful, sometimes forensic analysis of the situation on behalf of these individuals can often absolve them of any wrongdoing.
VAT Carousel fraud or “missing trader” fraud
As is often the case, this type of fraud is best demonstrated by a simple example:
- Business 1 (in France) sells goods to Business 2 (in Italy). As both companies are located in the EU, no sales tax is paid.
- Business 2 then sells the goods to Business 3, but this time both companies are in Italy and therefore Business 2 charges sales tax as it is a national transaction.
The fraud is that Business 2 never pays the sales tax to the government and disappears. Often the fraud is not detected by the government until Business 3 tries to claim back the tax from the government.
Carousel fraud often doesn’t even involve the exchange of any goods at all, and the whole fraud is set up using a series of fake invoices between multiple companies (making it hard to detect).
SMART Criminal Defence has years of experience of defending people suspected of fraud at every level. We understand just now daunting this type of accusation can be. We would warmly welcome an enquiry via our Contact page or call us free of charge on 0333 200 8581. We pride ourselves in getting back to all enquirers promptly.
