Fraud
Our expert Criminal Fraud Solicitors have successfully defended many people accused of white-collar fraud.
Fraud offences are always complex, and a successful defence requires an experienced, talented, well-connected criminal law team.
From our city centre offices in Coventry, we are one of the most highly recommended Fraud Solicitors in Coventry and Warwickshire, you can be confident that we have the skills, talent, and sheer intelligence to achieve a positive result.
We are a diverse, multi-lingual law firm, firm, our solicitors use the best-in-class technology to provide clients with a streamlined, modern, and highly effective criminal defence. Furthermore, years of experience in criminal law means we have created relationships with some of the UK’s best Barristers and King’s Counsel. Our clients also benefit from our ability to instruct the country’s most respected expert witnesses who can provide the Court with the facts required to support a not guilty plea or mitigate the sentence handed down by the Judge.
Corporate fraud investigations can take months or even years to conclude, and this is not taking into account the civil proceedings that may follow a criminal conviction. Complex fraud investigations and prosecutions also often involve cross-border elements. Our specialist Fraud Solicitors will be on your side from the initial SFO or HMRC investigation until your trial, providing you with the best criminal defence in Coventry, Warwickshire and across the Midlands.
Advising and representing people accused of committing a criminal offence
We are highly recommended as an expert criminal defence and regulatory investigation law firm for people accused of white-collar fraud. Our Solicitors have many years of experience advising in-house counsel and senior management on how to manage SFO or HMRC investigations. Furthermore, we work with the country’s top expert witnesses and focus on providing you with advice and representation you can trust. We know that your reputation, financial security, and possibly your freedom is at stake – therefore, we never give up until every appeal has been exhausted.
Below are several common questions clients ask us concerning complex fraud.
What is fraud?
Fraud is where deception and/or false statements are used to gain a dishonest advantage, which is often financial, over another person or organisation.
The main pieces of legislation that cover fraud are:
- The Fraud Act 2006
- The Theft Act 1968
The Fraud Act 2006 provides for three main offences, namely:
- Fraud by false representation (section 2). A representation may be express or implied.
- Fraud through failing to disclose information where there is a legal duty to disclose it (section 3).
- Fraud by abuse of position (section 4), for example, you commit fraud as a Trustee.
In all the above offences, the Prosecution must prove the Defendant acted dishonestly with the intention of gaining an advantage for themselves (or another) or causing loss to the victim.
The offences of false accounting and false statements by company directors are covered under the Theft Act 1968.
What is a Deferred Prosecution Agreement?
A Deferred Prosecution Agreement (DPA) is a legislative instrument that allows a prosecuting authority to defer the Prosecution of a corporate body as long as they agree to a certain course of conduct. At the conclusion of the DPA, if the subject has complied with all the necessary obligations contained within the DPA, the matter is concluded without Prosecution.
The five key elements of a DPA are:
- The prosecuting party must be either the Serious Fraud Office (SFO) or the Director of Public Prosecutions (DPP).
- The Defendant must be a corporate entity – individuals cannot enter into DPAs.
- The offence must be one of the fraud and dishonesty related defences listed in Schedule 17 of the Crime and Courts Act 2013.
- A Court must agree and approve the DPA.
- The DPA only defers Prosecution in the UK; it does not cover any overseas jurisdictions.
DPAs are highly complex, often including cross-border elements and can attract significant media interest. Our Corporate Fraud Solicitors can provide the advice and representation you need if a DPA has been proposed whilst working with your international legal teams to coordinate your defence in other jurisdictions.
Why choose us?
We have a full Criminal Defence Department and can call on a wide range of expertise to devise a robust strategy to close down an investigation quickly or defend a prosecution. Our Solicitors are smart, trustworthy, and results-driven and have the knowledge and contacts required to support your in-house legal team or senior management.
Regardless of the charges against you, you are entitled to a criminal defence. We do not judge our clients; our only objective is to defend you against the Prosecution’s allegations. You can be confident that by instructing us to defend you, your chances of acquittal or a reduced sentence are greatly improved. The most important factor is to contact us as soon as you become aware of a regulatory investigation and/or criminal allegations.
People choose and recommend us not just in Coventry, Nuneaton, Rugby and Leamington, but across Warwickshire, the Midlands and the whole of the UK., because we get results.
To receive expert advice and representation regarding fraud charges, please contact us using the form below, call us on Coventry (02476) 231000, email enquiries@askewslegal.co. or visit us at our city centre offices in Coventry.