As soon as you find out that you’re being investigated or have been charged with this offence, it’s vital that you take the legal advice of a competent fraud lawyer immediately. By working with fraud solicitors who are skilled and tactical, you may even be able to have your case dismissed before it reaches the court stage.
Have you been arrested or charged with Fraud by False Representation?
If you or somebody close to you has been arrested or charged in connection with a fraud by false representation allegation, there’s no doubt that you’ll feel stressed and concerned about what the outcome might be.
We’ve collected the most frequently asked questions along with their answers. Our aim is to provide you with support and guidance as you go through this difficult time. If you have any questions that are not listed below, please contact us.
What type of actions are considered Fraud by False Representation?
In any situation, whether private or commercial, if you are dishonest in your dealings and you stand to gain financially or someone else stands to lose financially; this is a fraud by false representations offence. Here are some examples of fraud by a false representation:
Lying on an application form – for example if you complete an application form (of any kind), which attracts some form of financial advantage; and you knowingly lie on the form, you will be prosecuted with fraud by false representation .
Stating that a car is in good order to sell it – for example, a person sells a car that they state is in perfect working order, although they know that there is a major 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 not the case.
Using a card that is not yours to gain access to a members club – for instance, using the 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 an offence that you’ve been linked to is classified as a fraud by false representation offence, you can always make contact with us for further information.
What happens in a Fraud by False Representation investigation?
The objective of the police is to secure a conviction and if you’ve been identified as committing a fraud by false representation offence, then they will be trying to prove that you acted knowingly and dishonestly.
When a fraud by false representation investigation takes place, you are likely to find it very stressful. You’re likely to be feeling anxious about the future wellbeing of your family. Being imprisoned will mean that you won’t be able to make an income. Will your dependents have enough money to manage themselves financially?
During this time your life will be feeling unstable and unsettled.
Each case is different, but whatever your circumstances are in a case of this nature, it’s crucial that you speak with a skilled fraud solicitor. Gaining access to somebody who can give you legal advice, emotional support and guidance throughout the entire process will make all the difference.
You may have been falsely accused of fraud by false representation
There are many cases where people have been wrongly accused of being involved in a fraud by false representation case. In some cases, their name may have become entangled in the case purely through confusion. If you feel this has happened to you, by engaging a good fraud solicitor, you may be able to get your case dismissed.
There have been occasions where the prosecution has attempted to charge a person with fraud by false representation to try to discover who was involved in a crime. An excellent legal team would be able to recognise whether this is a case of the prosecution throwing mud to see what sticks.
Without a lawyer, you cannot find out more until the interview
Even if you are arrested, you’re quite unlikely to find out why you’re being accused or investigated until you attend your first police interview.
In a case such as this, it’s crucial to engage with a solicitor before you attend the interview. The solicitor will be able to gain access to further information about the fraud by false representation investigation. In combination with the information you provide, the fraud solicitor can use this information to construct a defence for you.
Many people find it frustrating that the police gain permission to look into all areas of your life to obtain evidence. This investigation may include your social media accounts to your bank account to your NHS records in addition to all your contacts and relationships.
Instruct a legal professional as soon as possible
Attending a police interview without being accompanied by a competent fraud solicitor could put the success of your case in jeopardy.
The questions that police ask in these interviews are intrusive and probing. They often know far more than they tell you, and operate in a way designed to trip you up. Their objective is to get a conviction and if they can trick you into incriminating yourself, then all the better.
The police interview typically brings a lot of stress and the questions are not asked with transparency.
At the end of the interview, you may be charged with fraud by false representation.
What should you do if you get arrested or charged with Fraud by False Representation?
Fraud by false representation is an area of the law that can be very complicated. Although you aren’t obligated to take legal representation, we recommend that you do so. English law is always changing and without being familiar with the changes, it’s hard to follow and to comprehend how this may affect your case.
What makes the difference in engaging a fraud solicitor is that they have in-depth knowledge of the law, and they have acquired relevant and valuable experience in similar cases. They will know how they may be able to beat a charge of this nature. You are supported throughout the entire process so that you get the best possible outcome.
Hiring specialist knowledge will give you peace of mind. We advise that you get in touch with us as soon as you can so that we can assess your case before it develops further.
Can the police search my home?
The police will request the courts for a search warrant so that they can legally search your home and possibly your workplace for evidence. They will search for evidence on phone bill statements, money transfers and seize any valuable assets. They may put you and your family and connections under surveillance.
Could you go to prison for Fraud by False Representation?
Of course, this is a very worrying time for both you and your family. It’s vitally important that you take the right steps to protect the well-being of you all.
It’s imperative that you engage a fraud lawyer who handles fraud cases regularly.
What type of sentence could you get 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, a fine or even both. The maximum sentence of ten years is typically given only to offenders in the most serious of cases.
Does a conviction for Fraud by False Representation go on your criminal record?
If your fraud by false representation case progresses to court and you are found guilty and convicted; the conviction will be noted on your CRB / police record for a number of years, dictated by the type and length of your sentence and the Rehabilitation of Offenders Act 1974.
How Can Stuart Miller Solicitors Help?
Our fraud lawyers defend allegations of fraud by false representation on a daily basis.
Our team of specialists are not general criminal law solicitors. They are specialist fraud lawyers defending individuals, business-people and even other solicitors accused of all sorts of fraud offences prosecuted as fraud by false representation.
Determined to do everything possible to achieve the best result in your case, our fraud lawyers will guide you from the very start of any investigation, through to the end of the case. Our lawyers work in small teams, allowing more than one-mind to be applied to every case and we only ever instruct expert fraud barristers with a proven track record of defending fraud by false representation cases.
Whether you expect an investigation in the future, have been arrested and interviewed or you are being prosecuted and already have solicitors acting for you; you can speak to our expert team to seek advice on the legality of the search, whether the police are entitled to seize your computers and other personal belongings and whether you can obtain a copy of your records which may be preventing you from continuing with your day to day affairs. You may be unsure of the investigation or prosecution process and may wish to hear a second opinion on whether your case can, or should, be dismissed or whether you are likely to face confiscation proceedings if you are convicted.
What will happen when I instruct a fraud lawyer?
At Stuart Miller Solicitors, we are proud of our commitment to taking rapid action early on in any investigation. We advise our clients as to which steps may help to resolve the case before it reaches the court stage.
Your fraud solicitor will be responsible for pursuing all possible lines of enquiry which might yield that vital grain of evidence to prove your innocence or sway the jury in your favour. Not only do we analyse the evidence, devise a strategy, collect evidence helpful to your case, but we will also speak to witnesses who are able to verify your account. We will prepare you for that daunting day when you are in the dock and expected to give evidence in your case.
We have excellent relationships with gifted barristers and QCs who we will engage to provide support to the team. We have access to forensic experts, accountants, mobile phone analysis experts who can all be called to give evidence to bolster your defence.
If you are subject to restraint orders and bail conditions which are crippling your ability manage your affairs, we will be relentless in our pursuit to achieve the best possible outcome for you and allow you to continue your day to day life.
We have successfully represented clients who have been prosecuted for making false representations during negotiations, which for uncontrollable factors did not materialise. We have represented clients who were simply working for a modest income and unaware of the greater conspiracy. We have also represented clients who considered their work to be unique and potentially revolutionary but the business not returning profits led to losses to investors who then filed complaints. In all these cases, the common factor was an experienced and hard-working specialist fraud lawyer, who was at hand to provide crucial advice.
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.
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 contact 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.
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