Guide to facing allegations of

At Mander Hadley, our experienced Fraud to defraud Team understand that almost anybody can find themselves facing allegations of fraud when The idea of ‘conspiracy’ is a legal principle which they least expect it. This can be a very frustrating can be applied to a wide range of offences. In short, is a plan by two or more people and confusing time and can sometimes lead to to commit one or more of the following offences: a lengthy legal battle, involving investigations and potential prosecutions. • Conspiracy to expose a person to loss or risk (of something they would otherwise be entitled to). Fortunately, our team are on-hand to provide sound • Conspiracy to deceive a person who is in a advice and support on facing allegations of fraud. At position of responsibility (by deceiving such a all times, it is crucial to know your rights in order to person into acting against their responsible duty). know where you stand, should you be accused of falling foul of the law. The former can include exposing a person to an economic risk or disadvantage, while the latter can Mander Hadley have put together a simple guide to include the intentional of public officials some of the most common fraud allegations – which or professional advisers. hopefully will answer some of your questions if ever you find yourself facing an investigation or court If you find yourself facing any of the above proceedings. allegations, you will need to know your rights, and it is always best to seek advice from a specialist Criminal Law solicitor with the knowledge and Common types of fraud skills to defend you effectively and answer any difficult questions which may arise. Facing allegations of fraud or financial can be a stressful and distressing experience, Often, people facing allegations of particularly as many who face such an allegation conspiracy to defraud will have have never been in trouble with the law previously. little or no criminal record or Many cases are complex and involve huge volumes history with the police. of statements and exhibits, requiring careful scrutiny by experienced criminal defence lawyers.

Our specialist team at Mander Hadley are here to provide expert advice, case preparation and representation at court in relation to all types of fraud including:

• Conspiracy to defraud • Money laundering • Mortgage fraud • VAT/Carousel fraud • False accounting • Companies Act offences • from employer • Counterfeiting offences • Credit card fraud • Benefit fraud

We’ve got your back Money laundering • Overstating a salary or income • Changing title deeds without an owner’s knowledge Money laundering is the term used for concealing to aid the sale of a property the origins of money acquired through illegal means. • Over-valuing a property Individuals and businesses operating in a number • Hijacking a conveyancing process of different sectors, such as financial firms, credit • Manipulating Land Registry data in order to take out companies and agents, can all face allegations mortgages with different lenders on one address of money laundering if they are suspected of falling foul of Money Laundering Regulations. Individuals, estate agents, solicitors, conveyancers and others can all potentially face allegations of mortgage fraud. Under the Proceeds of Crime Act 2002, individuals such as tax advisers, Such allegations are very serious – a accountants and legal advisers, who conviction can result in imprisonment and work for regulated firms, must have a an irreparable credit rating, which is why clear understanding of Money Laundering it is crucial to seek specialist support in Regulations and must take active steps the event of facing an allegation. to comply with the law, e.g. by reporting suspicious activities to the police. VAT/Carousel fraud If you or your business finds itself under investigation Mander Hadley can advise and represent clients for money laundering, this can have far-reaching facing allegations of VAT or ‘Carousel’ fraud, the latter consequences not just for you personally, or your of which is sometimes known as Missing Trader Intra business’ image, but also for your friends and family Community (MTIC) fraud. – who could face charges themselves if a prosecuting authority has reason to believe that they could have Both types of fraud usually involve complex intra known about any alleged activities or suspected that company trading agreements between UK and criminal property was in their possession. European Union (EU) nations. In the case of the latter, the ‘Carousel’ name derives from a large Facing allegations of money laundering, or potential number of companies repeating an export-import investigations into the matter can be a traumatising process on loop which unlawfully takes advantage experience. Those found to be engaging in money of the fact that sale of goods between EU member laundering face fines, confiscation proceedings states is effectively VAT-free. and imprisonment. They also risk having their assets frozen even before any finding of guilt. At difficult times like these, you need a legal adviser An enquiry into alleged Carousel or you can trust. VAT fraud carried out by investigative bodies alongside HM Revenue & Customs (HMRC) can be very daunting, lengthy Mortgage fraud and far-reaching for companies or In the eyes of the law, mortgage fraud occurs when individuals thought to be involved there is a failure to disclose critical information to a with such fraud. mortgage provider which could have influenced and/ or changed that provider’s decision to lend to you, or other decisions made during the mortgage process. Convictions can be serious and may include multiple and substantial prison sentences. Trusted support Activities commonly classed as mortgage fraud include: and advice and essential. False accounting Counterfeiting offences

In the eyes of the law, false accounting occurs Counterfeiting offences can range from the use or when an employee or organisation alters, destroys or handling of fake bank notes or coins, to producing defaces accounts information in such a way that it no or dealing in counterfeit goods. Such offences come longer reflects the true value of the financial activity of under the arc of intellectual property (IP) crime, and that company or person. This can include overstating can sometimes lead to serious consequences and assets or understating liabilities in order to effectively run-ins with the likes of Trading Standards or HM make a company ‘appear’ stronger or weaker than Revenue & Customs (HMRC), as well as the police. it actually is. For such crimes, you could face up to ten years’ This could be: imprisonment. For dealing in counterfeit goods, the consequences could be far more severe. In • To report unrealistic profits or losses some cases, such goods may even be considered dangerous for human use or consumption. • To inflate a share price • To mask theft within the company • To unlawfully obtain finance from a bank or Credit card fraud alternative provider • To unlawfully achieve a performance-related bonus Allegations of credit card fraud can arise in instances ranging from using another person’s credit or debit card to withdraw cash without the If you or your business finds itself owner’s permission, to actively forging cards, or facing allegations of false accounting, even facilitating email ‘phishing’ scams in order to ‘enable’ credit card fraud on the internet. you could face up to seven years’ imprisonment. For offences deemed In a worst case scenario, you could be accused of involvement in conspiracy or organised crime. to have been committed by a company, Expert advice – and representation where that firm’s directors can be considered necessary – is essential. personally liable – as can any other persons within the business who may Benefit fraud be believed to have assisted in the If you are suspected of supplying incorrect or fabrication of accounts. misleading information to an authority which pays your benefits, you could face a criminal investigation into alleged fraud. Theft from employer This will usually occur in the event that you are deemed to have dishonestly or deliberately claimed If you are accused of stealing from your employer, benefits which you would otherwise not be entitled to, this can potentially have a drastic impact on your had you not supplied false information. If investigators workplace relationships, and day-to-day life at work. discover enough to suggest that you have committed substantial fraud, your case may be Worse still, such an accusation could come paired referred to the Crown Prosecution Service (CPS). with a dismissal – not to mention a time-consuming investigation and a potential court case. In some cases, you may be asked to attend an interview under caution. If this occurs, it is strongly If you are convicted, you could face a custodial advised that you seek advice from a criminal defence sentence, which is why it is important to consult solicitor immediately. legal experts to support you at the earliest possible opportunity. At Mander Hadley, we can provide you A prosecution following a benefit fraud investigation with step-by-step guidance on what to do in the can be incredibly costly. Those found guilty will event of facing allegations of workplace theft. usually need to pay back any benefit they have Where possible, we will help you to fight your been overpaid, as well as facing a criminal penalty case by providing a pro-active defence. which may include imprisonment. 1 The Quadrant, 39 - 41 Warwick Road, Coventry CV1 2DW Kenilworth CV8 1HN 024 7663 1212 01926 857 631 024 7663 3131 01926 850 713

How can Mander Hadley help? Michael Jervis, Consultant Criminal Department Mander Hadley’s expert Fraud Team are able to offer Coventry specialist advice and representation to clients who are facing allegations of fraud. Our key aim will always be 024 7663 1212 to defend and preserve you and your rights. [email protected]

For more information about our Fraud services, or how Michael has many years’ experience specialising Mander Hadley could help you, please contact us. in criminal law, ranging from the most serious of crimes to road traffic matters. He travels to assist clients across Birmingham, the West Midlands Andrew Sharp, Associate Director and surrounding courts in Warwickshire – and Head of Criminal Department on occasion further afield. Coventry

024 7663 1212 Greg Weaver, Legal Executive [email protected] Criminal Department Coventry Andrew first qualified as a solicitor in 1979. He is the Head of our busy Criminal Department and deals with 024 7663 1212 all types of criminal cases – including assisting clients [email protected] who are facing allegations of fraud. Greg specialises in supporting clients who face serious criminal charges. He is a Fellow of the Institute of Legal Gurjit Singh, Associate Executives with extensive experience in Crown Court Criminal Department matters and case preparation. Greg will guide you Coventry through the process step-by-step.

024 7663 1212 [email protected]

Gurjit represents clients in a wide range of criminal cases, including fraud-related offences. He aims to put clients at ease during difficult times and provide a robust defence in an approachable manner.

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Mander Hadley is a practising style of Mander Hadley Limited, a solicitors practice trading as a limited liability company registered in England and Wales. Registered office: 1 The Quadrant, Coventry, CV1 2DW. Registered number: 9473129. A list of Directors is available for inspection at the registered office. Mander Hadley Limited is authorised and regulated by the Solicitors Regulation Authority – No: 621814.