Fraud by Abuse of Position

If you’re accused of committing an offence of fraud by abuse of position, it’s critical that you take the legal advice of fraud solicitors as quickly as possible.

Have you been charged or arrested for fraud by abuse of position? 

Being charged or arrested in connection to a fraud by abuse of position case can be an anxiety-inducing event.  Whether you’re an employee, a trustee, a director or a business partner, the outcome could potentially be the same – a criminal record.

In some cases, an individual may be suspected and accused of playing a primary role, but in reality, they have not been involved. In situations like this, it’s vital that you get your name cleared or it could potentially negatively affect your future.

To help you understand more about what might happen in a legal situation of this nature,  we have put together answers to some of the questions that we have been asked before about this type of offence.  We aim to help you by being a source of guidance as you pass through what can be a very challenging situation.

If you have a question, and you cannot find the answer here, get in touch, and we will do what we can to give you the information that you need. If you’re in custody we can be reached on 07980 000 076 at any hour on any day of the week.

What type of actions are considered fraud by abuse of position?

Here are some examples of fraud by abuse of position offences that may have even led to the situation that you or your loved one are in now.

• Abusing workers in the labour force – for instance, not paying workers on time or short-changing them with excuses as to why they cannot be paid in full. The funds may even be directed to your bank account.
• Using your position for financial gain – for example, you work as an IT specialist, and you manipulate the accounting system to make regular illegal payments into an account with your name.

In addition to taking action to commit this crime purposefully, fraud by abuse of position can also be committed by those who fail to act when it comes to safeguarding the financial interests of another person.

Besides, there are, of course, many other situations that can be described as fraud by abuse of position. If you need to know more about what these are, or if you want to know if a crime that you’ve been accused of is classified as fraud by abuse of position, please contact us for further information.

What happens in a fraud by abuse of position investigation?

If the police believe that you’ve defrauded somebody or failed to act when you should have done so, they will begin an investigation into the circumstances. You are likely to be asked a lot of personal questions, and the police may wish to speak to your friends and family.

It’s very stressful to be at the centre of any police investigations. It’s natural to feel worried and concerned about what this could do your family. If you are imprisoned, you won’t be available to support them emotionally, physically or financially. It’s vital that you speak to a fraud solicitor who knows what they are doing and has experience in this type of case.

This event could now potentially be one of the most challenging times in your life. One of your primary concerns is whether you’ll be able to access the income you’ll need to support your dependents and attend to your financial commitments such as your mortgage payments.

There is likely to be a request to visit you at home or to look at your phone records. It’s the role of the police as prosecutors to now prove that you are guilty of fraud by abuse of position. The fraud investigator will collect evidence such as audio recordings, transcripts, photographic evidence, video and expert reports.

Each case of fraud by abuse of position is different; whatever your situation is, it’s essential that you speak with an experienced fraud solicitor. They will be able to give you the legal support and advice that is required for you to get the best possible outcome.

In some circumstances, a good fraud lawyer may even be able to get your case dismissed before it reaches the court stage.

You may have been falsely accused of fraud by abuse of position

Some of our clients are wrongly accused of being involved in fraud by abuse of position.

Occasionally, the prosecution will involve you as part of a mud-throwing exercise. The goal will be to discover if the prosecutors can get some mud to stick. However, using the right solicitor will be able to protect you against that.

In circumstances where you are being accused of acting illegally, engaging an experienced fraud solicitor is vital. A competent and skilled solicitor can secure the best possible outcome and is far more likely to win your case than those who are not specialist in this area of law. In some circumstances, they may even be able to get your case closed before it reaches the law courts. You’ll be able to return to life as you know it without needing to go through the stressful situation of court.

Without a lawyer, you cannot find out more until the police interview

If you’ve been accused of fraud by abuse of position, it’s vital that you do not participate in any meetings with the police without taking a specialist fraud solicitor along with you.

The police are likely to seek permission from the courts to access all areas of your life. Access will include your phone records, your social media accounts and also full access to your devices. The police will search through all messages, your emails and your WhatsApp. They may even ask to view your bank account.

If you are arrested, it’s quite likely that all the reasons why will be held from you. This is one of the key reasons why you need to engage fraud by abuse of position solicitors as quickly as possible. Fraud solicitors can gain access to this information and begin to craft a defence for you immediately.

Instruct a legal professional as soon as possible

The training that police officers go through teaches them how to ask intrusive and probing questions to get the answers they are looking for. They may show you some evidence but not all. They are likely to put you under intense pressure and possibly cause a lot of upset. Each question is designed to lead you down the path of incriminating yourself.

We recommend that you do not attend any meeting with the police without a legal representative. A fraud solicitor will advise you and guide you so that you put yourself into a position for the best possible outcome.

What should you do if you get arrested or charged with fraud by abuse of position?

The first action you should take is to take the professional guidance of a competent fraud solicitor. Not only will you be able to access the support you need, but depending on what’s happened, the lawyer may even be able to get your case dismissed. If your case does go through to the court stage, the lawyer will prepare you for the trial and then help you through the court appearance.

Fraud by abuse of position is not an area of law that is known about commonly.  It’s not an area of law to attempt to represent yourself in a trial. Although you’re not obligated to engage a fraud solicitor, the speed at which laws can change in the UK may leave you in a position where you don’t have current information that could help you to get the best possible outcome.

An experienced fraud solicitor will give you the best defence strategy. All evidence will be carefully examined, including any visual proof that others may possess such as video or photography.

Can the police search my home?

The police are likely to request a search warrant from a judge or a magistrate. They are then at liberty to search your home. The police may also examine your vehicle and workplace for evidence in addition to accessing phone records, digital images, paperwork, bank statements and your social media accounts.

What type of sentence could you get for fraud by abuse of position?

A conviction of fraud by abuse of position can mean as much as a ten-year prison sentence plus fines and potentially the application of ancillary orders.

Read more about sentencing for Fraud by Abuse of Position offences.

Could you go to prison for fraud by abuse of position?

In recent years, financial regulators are increasingly under pressure to prove their salary is worthwhile. Claims of fraud have skyrocketed. Companies are becoming far more clued up about what to look for and how to protect themselves when it comes to unexplained expenditure. NGOs are on the lookout for cases where they can protect employees. It’s easier for people to recognise issues and take action to stop them.

If your fraud by abuse of position case goes to court, and you are found guilty and convicted, there will quite likely be a prison sentence handed to you.

Does a conviction for fraud by abuse of position go on your criminal record?

If your fraud by abuse of position case progresses to court, and you are convicted, you will receive a permanent criminal record. You are also likely to be given ancillary orders to prevent you from operating as a director of a company.

How Can Stuart Miller Solicitors Help?

At Stuart Miller Solicitors, we have extensive experience of defending fraud by abuse of position cases. Our fraud solicitors can provide you with information about their recent achievements in fraud by abuse of position cases.

Whether you are a director, a business owner or you have held another position in a company, Stuart Miller Solicitors leading fraud lawyers have the skill and expertise to mount the best possible defence for you.

Recent trends for fraud by abuse of position prosecutions

The fraud department of Stuart Miller Solicitors has successfully defended many people who have been accused of fraud by abuse of position. Our understanding of these prosecutions is vast, and our ability to identify flaws in the prosecution case is second to none. See our Notable Cases for further details of our achievements.

How our Fraud Solicitors can help

Our fraud solicitors are not only high-calibre legal minds but also exceptional people. We understand the psychological and emotional trauma such an investigation presents and the toll it has on your family life and work life. We are prepared for all twists and turns you are likely to endure, and we will guide you every step of the way.

We have access to the best barristers, company lawyers, employment lawyers, forensic scientists, accountants, device analysts and other specialist investigators; who will all come together to achieve the best possible result for you.

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 please contact us.

If you’d like to arrange a meeting with us to discuss your situation, whether this is by telephone or face to face, please contact us today. 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.