What is the sentence for Fraud by False Representation in 2024?

Although most people who are accused of fraud do not have a history of any unlawful behaviour, if the prosecution proves that they were knowingly being dishonest with the aim of making an illicit gain, then they will receive a sentence as a consequence.

Fraud by false representation is the act of making a dishonest representation for your own advantage or to cause another a loss or to expose them to a risk of loss.

Being in a fraud by false representation investigation can be worrying and upsetting. It’s understandable if you feel very concerned about what the outcome of your case might be. You’ll want to know whether you’ll be asked to pay a hefty fine or whether you’ll receive a stiff prison sentence. You may also be worried about how your dependents will manage without your income if you are unable to work due to being imprisoned.

To demonstrate the possible penalty of somebody who is convicted of fraud by false representation, we have provided answers below. We recommend that you take the advice of a competent legal professional, as soon as you hear that you may be part of an investigation into fraud by false representation. In some cases, a good lawyer could even get the case dismissed before it reaches the court stage.

Read more information about the offence of Fraud by false representation

What type of actions are considered Fraud by False Representation?

Here are some examples of fraud by a false representation that may have led to the situation at hand:

Using a stolen credit card – whether the fraud is performed vocally or by another communication, if a person tries to use a credit card that does not belong to them to pay in a store, they could be charged with this offence.

Stating that a car is in good order to sell it – for example, a person sells a car that they claim is in perfect working order, although they know that there is a significant issue with the vehicle.

Selling an object that isn’t yours to sell – an example of this might be when a person states that their mother has told them that she is happy for them to sell a vehicle, but in reality – this is far from the case.

Using a card that is not yours to gain access to a member’s club – for instance, using the membership card of a friend to gain access to a private club.

There are many other examples. If you would like to know more about whether a crime that you’ve been linked to is classified as a fraud by false representation crime, you can always make contact with us for further information.

What is the average sentence for fraud by false representation?

A fraud by false representation case is heard at a Crown Court. If you are found guilty and convicted, you may be given up to ten years imprisonment, given a fine or even receive both.

These offences would usually be charged using the Fraud Act, which has a maximum sentence of 10 years imprisonment for the most serious cases.

How does a court decide on the seriousness of the fraud by false representation offence for sentencing purposes?

The court will consider what harm has been caused by the offence when deciding which sentence to give. They will look at:

• How well planned or opportunistic is the crime?
• Was there a ‘professional’ operation for the fraud?
• Over what length of time was the fraud carried out?
• What was the motivation behind the crime?
• How much money or property was involved?
• Whether a position of trust was bestowed to the offender (such as being an employee)
• How many people were involved in either planning or carrying out the offence?
• The impact the fraud has on victor or victims
• The risk of physical harm to others (such as setting a home on fire to claim insurance)
• What damage or loss was planned for as opposed to the outcome?
• Was the defendant entitled to any of what was gained?
• Any attempt to disclose or conceal evidence
• The level of vulnerability of the victim and whether they were specifically targeted
• Whether there has been fraudulent use of identity

The fraud sentencing guidelines specify that fraud can cause considerable harm to victims, society and the economy that goes beyond the immediate impact of the offence. For example, there might be a loss in market confidence in and the closure of businesses.

In some cases, fraud can be used to siphon funds to organised crime and terrorist groups. Vulnerable people might be influenced to take drugs or traffic people.

Fraud is also often used to fund serious organised crime that may target vulnerable people, such as in the case of drug supply and people trafficking.

The following is a section taken from the sentencing guidelines used by judges to decide on penalties for fraud offences.

Culpability demonstrated by one or more of the following

A – High culpability

• A leading role where offending is part of a group activity
• Involvement of others through pressure, influence
• Abuse of position of power or trust or responsibility
• Sophisticated nature of offence/significant planning
• Fraudulent activity conducted over sustained period of time
• Large number of victims
• Deliberately targeting victim on basis of vulnerability

B – Medium culpability

• A significant role where offending is part of a group activity
• Other cases that fall between categories A or C because:
  • Factors are present in A and C which balance each other out and/or
  • The offender’s culpability falls between the factors as described in A and C

C – Lesser culpability

• Involved through coercion, intimidation or exploitation
• Not motivated by personal gain
• Peripheral role in organised fraud
• Opportunistic ‘one-off’ offence; very little or no planning
• Limited awareness or understanding of the extent of fraudulent activity

Where there are characteristics present which fall under different levels of culpability, the court should balance these characteristics to reach a fair assessment of the offender’s culpability.

What are some of the mitigating factors that might reduce a fraud by false representation sentence?

Certain aspects of a case are known as the mitigating aspects which can influence the sentence that a judge gives. In fraud by false representation cases, they can include:

• Whether the defendant is disabled or mentally ill
• How old they are, i.e. if they are particularly young their age may affect their level of responsibility
• What role the convicted played in the offence – i.e. if it was particularly minor
• Whether the crime was fraudulent from the beginning or not
• Whether the defendant can demonstrate that they received incorrect advice from a third party that contributed to there being a fraud
• There is evidence that the person stopped offending before being caught
• Whether the offender has admitted the crime and cooperated with the authorities
• Whether the money has been returned voluntarily
• In the situation of there being extreme financial pressure on the defendant that was not deserved before the offence took place

Is it possible to reduce a sentence for fraud by false representation offences with a guilty plea?

In recent years, several changes have been made to the sentencing system in the UK to save the court time and cost and to protect witnesses from the stress of needlessly going through a trial. For offenders aged 18 and over, pleading guilty early on in a case can reduce a sentence by as much as one third (maximum). The later the plea is entered, the smaller the reduction.

• ‘Early on’ refers to ‘the first stage of the proceedings’ and means anytime up to and including the first hearing at the Magistrates Court or Crown Court for indictable offences.
• If a plea is entered 14 days after the first hearing, for example, the maximum level of reduction is just 20% or one-fifth of the sentence. For indictable offences, the limit for a guilty plea to be made is within 28 days after the prosecutor has stated compliance with section 3 of CPIA 1996 and serving disclosure; although the decision is ultimately in the hands of the Judge who has the discretion to apply whatever credit is deemed appropriate.
• After these times there is a sliding scale of credit applied. This goes down to one-tenth on the first day of the trial and to zero if entered during the course of the trial. In theory, the ten per cent could be given if the plea is issued after the opening speeches on the first day, but prior to any witness evidence being heard.
• If the accused does not want to plead guilty, then it’s important for the solicitor to regularly inform the court throughout the trial of the reasons why the client’s plea is not guilty.

What are some of the other consequences of a fraud by false representation offence?

Ancillary Orders

A court can also make ancillary orders on a defendant if they are found guilty and convicted of a fraud by representation offence. These are extra elements that can be added to a sentence and include additional restrictions or requirements that affect a dependent’s finances, property or activity. For instance, if a company director has abused their position which resulted in a fraud crime, they can be banned from trading a particular business for up to 5 years or be required to make full financial reports for all their financial transactions for up to 15 years.

Ancillary orders include the following:

Compensation Order

The court may enforce that a compensation order is applied in favour of a victim if they have suffered a personal injury or a financial loss. Compensation may include a community order, a fine or a prison sentence and be a stand-alone sentence or combined with another punishment.

Confiscation Order

When the defendant is viewed by the court as having benefited financially from the offence, the court may decide to enforce a confiscation order to reclaim any finances gained from the crime.

Deprivation order

A deprivation order includes depriving the defendant access to computers that can be used for IT-based frauds or to manipulate payment cards such as credit cards.

Restitution order

A restitution order is when the court orders that stolen goods are restored or returned to the victim. It may also involve money or assets of the value stolen being transferred to the victim.

Disqualification from acting as a company director

When a company director is convicted of an offence related to the operation of a business, the court can decide to ban the person from acting as a company director for between 5 years and 15 years.

Financial reporting order

If the court believes that the defendant is likely to be involved in future offences, they may decide to enforce the defendant to report their financial affairs on a regular basis. A financial reporting order can last for up to 15 years.

Serious crime prevention order

This is the most stringent order to be given by a court and can influence several different aspects of the life of the convicted person. It may include

• Whether they can work with certain individuals
• Applying particular business methods
• Working in particular businesses
• Using types of items
• Access to premises
• Travel – both international and national

The convicted person may also be enforced to disclose personal and business information on demand for a period.

In addition, the court may demand payment of the following if the accused is convicted:

Payment of costs applied for by the prosecutors

Although the police meet some of the costs involved in the prosecution, the costs of investigation are typically sought from the convicted. These may include the costs of:

• The work undertaken in obtaining sufficient evidence for prosecution either at the initial stage or later at the request of Crown Prosecution Service (CPS)
• Seeking medical or expert evidence as part of the investigation, (where a witness is required to attend Court, the cost of the attendance falls on the CPS).
• Re-interviewing witnesses
• The entire costs of the prosecutor, including fees for the use of external Barristers used by the CPS, can be recovered from the defendant, subject to means. At the end of the case, the prosecutor under The Prosecution of Offences Act 1985 will request the Judge to order a sum to be paid for the costs incurred by the prosecutor in bringing the prosecution.

Victims surcharges

The term victims’ surcharges can be explained as paying compensation to a fund for victims and can range between £20 to £170 depending on what sentence you were given at conviction.

How sentences can be added to national information databases

There are several national databases that hold information about individuals and any allegations made about them, their criminal and court records. These include the DBS (Disclosure and Barring Service) which was previously known as the CRB (Criminal Record Bureau) and the Police National Computer (PNC).  Depending on what happened, whether the accused is convicted and what sentence was issued, the accused may be added to one or all these databases. Their purpose is to provide information to potential employers and to regulate the ability to take part in certain activities.

If your case progresses to court and you are convicted of fraud by false representation offences, your conviction will be noted on your CRB / police record. The period of the endorsement will depend on the nature and length of your sentence.

Below are details on how long you will be listed as holding a criminal record if convicted. This is something very serious to consider when it comes to future employment. The term ‘spent’ refers to when your name can be removed from the databases.

How Can Stuart Miller Solicitors Help?

We handle fraud by false representation cases regularly and have deep expertise in this field. We can help you by recommending the best course of action to take to mitigate the outcome. No matter what size your case is, get in touch.

Most clients who seek the advice of our expert fraud solicitors fail to understand that it is the prosecution who ‘must prove the case’ to convict you. It is for the prosecution to prove, so that the Jury is no less than sure, beyond any reasonable doubt in their mind, that you were in an Agreement with the others (Conspiracy) and that you were intentionally dishonest in making or trying to make money or causing someone loss.

If you or somebody you know is currently under investigation for fraud by false representation, you may not only have the police pursuing you, but you could also have other regulators and prosecutors after you. It might be that you or your business is under investigation and you need the support and specialist legal advice of fraud solicitors.

In addition to a competent solicitor spending time with the defendant, collecting character references and medical information can be what transforms the outcome of a fraud trial for the better. The sentence is likely to be reduced and, in some cases, the case dismissed before it reaches the court.

Our Fraud Lawyers defend allegations of Fraud by False Representation on a daily basis.

Our fraud lawyers are expert at unravelling complex and substantial volumes of evidence. We have a solid and definite history in achieving excellent results which can be found in our Fraud Cases pages. We appreciate the impact such proceedings can have on your personal and business affairs. Our Fraud Lawyers have the necessary skills to provide a complete service and deal with any issues you may have related to Restraint Orders and onerous bail conditions.

We have represented company chairmen, directors, accountants, mortgage advisors, bank employees, doctors, lawyers, pharmacists, teachers and a vast array of other professionals caught up in these offences. As recognition of our experience and specialist skills in dealing with substantial and complex Fraud Cases, we are on the Serious Fraud Panel and approved by the Legal Aid Agency to defend Very High-Cost Cases.

We believe, no matter what your financial position if you are prosecuted by the State, you must also be defended with funds by the State.

Would you like to discuss your case before instructing us?

If you’d like to have a no-obligation chat with us before you instruct us to take your case, then call us today.

Please contact our fraud solicitors to arrange your meeting, whether face to face, online or by telephone. If you prefer, you can also send us a WhatsApp message using the link in the bottom banner if you are viewing this page on a mobile phone device.

Get in touch with us now for fraud by false representation offences legal help.

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10:14 16 Feb 24

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15:27 08 Feb 24

Stuart Millers were great at dealing with a tricky case and managed to get a great outcome. From the first meeting and hearing, Abu Kibla was friendly, knowledgable and very helpful and you can see a genuine care for his clients. Luke Collins did the day to day and was great at preparing clear written representations and dealing with the CPS. Kathleen Joyce attended the final hearing and despite a last minute time change by the court the day before, she was well prepared, presented the case and mitigation arguments perfectly and was very reassuring and comforting throughout the whole day. Professional, responsive and reasonable fees. Would definitely recommend the firm.

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20:42 07 Feb 24

Unfortunately I got myself into abit of trouble and didn't have a solicitor at the time. When I was in the police station I was asked if I wanted a solicitor and I said yes and I was then put in a cell till I was interviewed. Officer come to my cell to take me to my interview and asked if I wanted to consult with my solicitor I said yes, when we got to the Consultation room Mr Zeb was waiting for me and he ensured me that everything was going to be okay and this case will be solved with no problems at all and he was right I got NFA and the case was dropped that's all thanks to Mr Zeb he was very professional in this field and was intouch with me and kept me updated with everything that was going on. I will definitely use this firm again in future.

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20:48 06 Feb 24

We would like to say thankyou so much for all your hard work and support given not only to my husband through his court case but to myself as well. Extra thanks to Kibla, Sophie,Bobbie and our barrister Faisal Saifee for the great outcome.

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12:36 22 Jan 24

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22:14 20 Jan 24

Words can not do justice to Stuart Miller Solicitors. I am forever grateful to Mohammad Zeb and Savannah who came to me like angels along with their appointed barrister Harry Mcdonald when my son was on trial. With my son having three charges against him along with joint enterprise which included affray and violent disorder. They took the case on and from the very 1st day kept me updated with the progress and supported me throughout the case. With my son in remand and a serious injury to his face they kept him motivated and in the right frame of mind with video links. Also they were available to him even on weekends if he had any questions. Their guidance and professionalism was absolutely outstanding. Savannah was superb throughout this case. Her approach to everything made it easy for me and my family. The barrister Harry took the case on at short notice and what a outstanding approach he had. Being in court for the 1st time for my son he represented my son superbly. After arguing his defence for my son for 7 gruelling days my son was found not guilty of all charges. I can not praise Stuart Miller enough. A must go to firm if you are in a unfortunate situation and need legal help. Wish Mohammad Zeb, Savannah, Harry Mcdonald and everyone at Stuart Miller the very best for the future. A very big thank you from me and my family.

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23:14 19 Jan 24

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Real Cubano

13:03 16 Jan 24

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19:05 10 Jan 24

Just spoke to this guy from this solicitors with a concern, And without even knowing me has listened and given me some reassurance and put my mind at rest...Thank you so much .

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20:09 05 Jan 24

They are very good Solicitors. There are 3 people I trust them very well. Small Mohammed. Luke, and Shamika Bonner, she is the best of all, and Luke is the best as well.

Maryam Khan

19:54 19 Dec 23

Great service, very professional, highly recommend!!

J Rowe

21:00 09 Dec 23

Thank you to Holly Lambeth and the team for my not guilty verdict at woodgreen Crown Court.

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11:13 06 Dec 23

Very confidential, professional manner thank you Tasnuva for your help.

asfandyar mahmood

17:49 01 Dec 23

OOPPPS THEY DID IT AGAINTHANKS TEAMESPECIALLY TO NAIMAIF IT WASNT FOR YOUR HARD WORK I WOULDNT BE HERE

Gent Entz

09:45 01 Dec 23

I just like to say a very big thank to Stuart Miller and the team but most especially Victoria, Mohammed Zebb, Kiran and the Receptionist for all their hard effort and now I'm on my way forward with getting on with my own life; Thank you so much StuartMiller and team. I've been with you people since 2012/2013 (roughly 7 years) I'll never forget them in my future career. stuartMiller are extremely kind and respectful. To all you solicitors aswell I wish you all best.Thank you.All the best.

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15:51 28 Nov 23

When I called for help, straight away, they pick up the call. Spoken to me with respect and followed up with an email of instructions, which is a massive relief.

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05:40 27 Nov 23

Kiran was very supportive to my family throughout our case and was easy to talk to. I was very pleased with the outcome and would recommend them to anyone.

MB London

20:03 23 Nov 23

Kiran was 100% helpful with my case and listened to me and advice me accordingly.I’m really happy with the outcome and I recommend their services to any one who’s looking for a good service and someone that can listen to you and help you with your case. Thank you so much Kiran and the whole team. Excellent job!

Imran

10:48 23 Nov 23

I would like to thank the team at Stuart Miller for helping me with my case, especially Kate andTasnuva, they both were dealing with my case and helped be through it and i am very happy with the outcome. also there price for fighting on my behalf was reasonable compared to another company who were charging extortion money for first consulation.

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21:28 18 Nov 23

Very helpful. Helped me understand, replied back very quickly.

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03:12 15 Nov 23

Their friendly and understanding demeanor was truly appreciated. I am incredibly thankful to Miller's and their appointed court solicitors for their excellent support.

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14:50 14 Nov 23

Fantastic solicitors. Would highly recommend them. All staff are amazing

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06:12 31 Oct 23

Stuart Miller Solicitors are nothing short of miracle workers! When faced with serious charges, I felt lost and overwhelmed. But from day one, they assured me and proved their dedication by being accessible 24/7. They managed to get me out of troubles and gave me a second chance in life.

Mabz

22:54 28 Oct 23

Another one *DJ Khaled voice* Mohammed Zeb thats Big Bro buss another case as usual thank you and it’s always love. Different League Different Class Mike Tyson in the court room. No one try tell me about these fake internet tik tok lawyers in saggy suits using chat gpt to create defences don’t make me catch another case please. Trust Zeb be patient show love and respect and youll be alright. You get arrested go cell request 2 blankets and a fresh grey jumper and tell the Sarge call Stuart Millers then just go sleep real simple.

Sian Evans

20:51 25 Oct 23

Thank you Holly for representing me at the police station. You are a credit to Stuart Miller. Very professional and a lovely person. I can’t thank you enough. I would highly recommend you. ❤️

Kit Jenkins

06:11 19 Oct 23

If you need a criminal defence solicitor that delivers results, contact Mr Zeb. He s the best in his field. From the moment I walked into Stuart Miller Solicitor's office, I knew I was in good hands. His unmatched expertise and personalized approach ensured that my charges dropped before the hustle of reaching out to court, and I couldn't be happier with the outcome. Stuart Miller Solicitors are very good but Mr Zeb is the best. I highly recommend him and the firm to anyone facing legal challenges

Fabian Jones

18:59 17 Oct 23

Incredible legal team! I couldn't have asked for better representation during the most challenging period of my life. They're genuine care made all the difference in my case.

MadDog Lambo

13:11 17 Oct 23

Called Stuart Miller for advice. Bobbi was more than happy to advise me and answer all questions. When i had further questions, Mohammed personally called me to answer them in full. I can not recommend Stuart Miller highly enough and they went above and beyond, in taking the time to make sure all was taken care of and all questions answered.

Ambreen Farooq

20:06 12 Oct 23

I spoke with Mr. Kibla regarding a query I had and he was so helpful and informative. Will definitely be using their services if ever needed.

Norrys 88

10:26 11 Oct 23

Thank you team stuart millerI was on a suspended sentence and i breachedA brilliant director from the firm saved me

Berivan Murat

14:13 04 Oct 23

Fantastic service. When I was going through my case they were very comforting and helped keep me sane during my proceedingsAnd was patient through my anxiety

kevin Lutchmiah

12:42 04 Oct 23

Excellent communication skills the correct result thanks guys

Shabbir Ahmad Safi

12:17 04 Oct 23

An excellent firm and knowledgeable solicitorsI had no idea who to got when my money was seizedMohammed zeb was proactive in his advice sensitive to my needs and challenging to the systemI got the cash and won my caseThe moral is: Experience is a mustDedication is trustMotivation is keyThanks

Aishah M

19:36 29 Sep 23

Amazing service, called for advice and they did not disappoint at all, would highly recommend using them

XSimplyChxrryX

13:04 21 Sep 23

They saved my lifeMy businessMy worldThank youTEAM STUART MILLER

Hannah Brooks

12:48 07 Sep 23

Unfortunately got myself in a situation where I needed legal representation. My solicitor was great, but attention needs to be drawn especially to Amirah. She well and truly went over and beyond what most people would do, to help me resolve the situation. Nothing was ever too much, in fact it was her who pushed things further than I'd have even asked her to, she really does care about not just her occupation, but the people she helps. Cannot say enough good things about her... not just good legal representation, but an actual lovely person who genuinely cares, and you don't get that very often anymore. So, thank you to Stuart Miller Solicitors in Wood Green, but definitely, more importantly, to Amirah.

Angela M

20:11 05 Sep 23

I would like to say a big thank you to Savannah Loizides. My elderly mother recently required legal assistance for a police interview as part of an investigation.Savannah was professional, caring and supportive. In the days and weeks following the police interview, Savannah has been helpful and informative answering my questions promptly.I would recommend Stuart Miller Solicitors and would not hesitate to contact them again if the need arises.

Aisha Bibi

14:38 12 Aug 23

My husband was represented by an solicitor who frequently appears on Tik TokWe had very minimal advice the service was shambolicWe had been referred to the director who saw us asap and understood the life changing dilemma he facedWe had proper legal advice and the eventual result was that my husband was found not guiltyI say this to the nation just get an appointment and speak to the teamSome of the people you see on social media are not worth itGuys this is your life . YOU HAVE ONE CHANCE GET THE TEAM AT STUART MILLERAll I can say is you will not be disappointed

Omar Ramjean

22:48 11 Aug 23

Gave some advice about the situation told me what to expect and if I need to instruct they will be happy to help

Lou D

14:30 09 Aug 23

My husband an I are extremely grateful for Abu Kibla and his amazing support representing my husband under such time consuming circumstances. He was very helpful and made us feel at ease right away.We left pleasantly satisfied and would definitely recommend Abu Kibla to anyone needing representation.Thank you

Jake Elliott

11:46 02 Aug 23

Abu Kibla represented me for my second drink driving offence, and not only that I had no license or insurance. Perhaps I am exposing myself saying that but you need the context as Kibla managed to get my ban reduced from 3 years to 2.5, and only a 200 pound fine. Aside from being very professional at what he does, he's also a good guy, who has your back. He explained my situation to the judge in a clear way I wouldn't have been able to. Don't hesitate!

R M

20:05 01 Aug 23

I would like to thank everyone at Stuart miller especially to Kibla for their excellent work. At a time when things were very hard for me they helped me win my case. I hoped for total support from Stuart Miller when I instructed them, I got so much more. I would highly recommend Stuart Miller to anyone seeking for a reliable legal team. Many thanks again for everything, you were brilliant.

Jabrar Hussain

08:21 29 Jul 23

Spoke to a director at 8 amIf I could give 10 stars I wouldAll my anxiety finishedThanks 👦

Karima AMRAOUI

13:37 28 Jul 23

Fantastic firm excellent lawyersBrilliant advocates overall THE GO TO FIRM

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