False Accusation of Fraud by Abuse of Position Dismissed in Court

Case Overview: 

Mr. S, who deeply cared for his mother, faced charges of fraud by abuse of position as a carer, and allegedly taking advantage of her mental state by defrauding her of thousands of pounds. However, our client argued that he was simply helping his mother with errands and maintaining the house using money from her account, occasionally receiving gifts of money as a sign of their close bond.  

Our client argued that he wasn’t guilty, and that he would help his mother with chores and errands around the house. She trusted him to take the money needed to maintain the house from her account. If any extra money was taken, he would return the funds to her in cash, or keep it until the following week, for future errands and maintenance. Occasionally, she would give him some money as a gift, a sign of the bond between mother and son. 

What Stuart Miller Solicitors Did: 

Before the trial, the team of experienced fraud solicitors worked tirelessly to gather evidence and build a strong defence for the client. They carefully went through the client’s statements, met with family members, and reviewed financial documentation such as bank statements and spending patterns, cross-checking across financial documents to verify the client’s responsibilities as a carer, and ensure that all monetary transactions were tracked to disprove these charges. The team also conducted in-depth research on the prosecution’s evidence, looking for any inconsistencies, liabilities, or biases. They also relentlessly pursued the prosecution for additional evidence for the fraud charges, which the prosecution was unable to provide.  

During the trial, the team were able to offer all the evidence gathered, and successfully argue to the court that their client simply fulfilled his responsibilities as a carer. The team pursued the prosecution with missing evidence and sought further disclosure. Using legal time limits, the defence team compelled the legal proceedings to continue and proactively engaged with the prosecution to review further evidence. However, the prosecution was unable to find more proof against the client’s charges, and the defence team was able to successfully argue for the client’s innocence, reviewing the evidence, client statements, and witness statements that they had gathered before the trial. Due to the relentless efforts of the defence team before and during the trial, the client’s name and reputation was cleared. 

How We Can Help You 

Being accused of fraud by abuse of position is a serious crime, which often carries a jail term, a fine, or both. If you, or someone you know, has been accused of domestic fraud, don’t hesitate to contact us – our team of criminal defence lawyers are well-versed in fraud cases, and we will be able to help you. We provide free no-obligation consultations and will be able to provide legal advice and assistance on a variety of situations.