What Happens For A First Offence Of False Accounting?

If you or a loved one are facing a first-time false accounting allegation, feeling worried about the road ahead plus a sense of urgency to start preparing your defence is understandable. False accounting is judiciously addressed by English courts, so promptly appointing an experienced defence solicitor is highly recommended. This article seeks to unpack what happens for a first time offence of false accounting. We outline the offence and its elements, provide some examples, explain sentencing risks for first-timers, and weigh imprisonment prospects. We also outline how to get in touch with our team for legal assistance, should your case seem like it will progress.

What is the offence of false accounting?

False accounting is an offence under the Theft Act 1968 in English law. It involves dishonestly destroying, defacing, concealing, or falsifying any account, record, or document required for accounting purposes.

Section 17 of the Theft Act 1968 contains the offence of false accounting. For a conviction, the prosecution must generally establish:

• The defendant falsified, concealed, destroyed, or defaced an account or accounting record.
• They acted dishonestly and without authorization in tampering with accounts.
• Their conduct was intended to provide an unjust advantage or cause loss.

False accounting carries a maximum penalty of 7 years’ imprisonment and/or an unlimited fine, and prosecutions most often occur in the Crown Court given the financial complexity of the offence. Sentencing considers factors like value involved, sophistication, damage caused, and persistent course of conduct. Forensic accountants typically assist police investigations and may appear in court to provide expert testimony.

What are some examples of false accounting?

Examples of this offence include:

• Recording fictitious expenses, sales, or liabilities to reduce taxable income.
• Backdating invoices to claim expenses in the wrong accounting period.
• Inflating inventory by counting stocks that do not exist or double-counting.
• Failing to record transactions such as sales or purchases to under-report revenue.
• Concealing diverted funds through fabricated ledger entries and memos.
• Destroying or altering documents that would reveal fraudulent accounting activity.
• Using ‘ghost employees’ with fake payroll records to embezzle company funds.
• Booking one-off transactions as recurring to smooth out income fluctuations.
• Maintaining two parallel sets of accounts, one false and one accurate.
• Making false entries about loan repayments to overstate cash flow.
• Exaggerating expenses by altering purchase orders, bills and receipts.
• Misclassifying asset sales as revenue to boost income figures.
• Undervaluing inventory at sale to create hidden reserves for future manipulation.
• Disguising bribes or kickbacks through falsified invoices and ledgers.

What happens if you are suspected of committing false accounting in the UK?

If you are suspected of false accounting in the UK, you are most likely to face investigation and potential prosecution under the Theft Act 1968. Because false accounting involves activities with serious consequences, like altering financial records to misrepresent a company’s position (which could then impact stock values), the police and other financial crime agencies are keen to ensure that investigations are thorough.

Here’s a general outline of what could happen:

1. Initial investigation – if false accounting is suspected, the police or another relevant regulatory authority will initiate an investigation. This may involve examining accounting records, financial statements, invoices and other evidence indicating falsification. You may be interviewed under caution where anything you say could be used as evidence later. Having a solicitor present is advisable.
2. Arrest or voluntary interview – you could be arrested or asked to voluntarily attend an interview at a police station. Even if voluntary, this is serious and may result in charges. Legal representation is again highly recommended.
3. Charging decision – after investigating, authorities will consult the Crown Prosecution Service (CPS) on whether to charge you. They will consider if there is sufficient evidence and if it is in the public interest to charge you.
4. Court process – if charged, your case may be tried in the Magistrates’ Court or Crown Court before a jury, if you do not plead guilty at the earliest opportunity.
5. Sentencing – if convicted, the court will consider various factors when deciding your sentence. While maximum penalties depend on the offence, non-custodial sentences are possible for first offences depending on circumstances. Potential options include fines, community service, or suspended sentences.

It is vital that you engage a solicitor as early on in the process as you can if you are facing such accusations, as the exact process depends on your specific situation and the impacts on your personal and professional life may be significant.

What is the sentence for false accounting in the UK?

False accounting involves dishonestly destroying, defacing, concealing, or falsifying any account, record, or document required for any accounting purpose. It carries a maximum sentence of 7 years’ imprisonment under the Theft Act 1968.

Aggravating factors like large scale fraud, abuse of position, previous convictions, and attempting to conceal other crimes can increase sentences, because those factors indicate a greater degree of culpability and harm. Mitigating factors, such as a guilty plea, cooperation with authorities, no previous convictions, showing remorse, or having acted under duress may reduce them.

Additional penalties can include director disqualification, professional disciplinary action for accountants or auditors, company dissolution, and confiscation of criminal assets under the Proceeds of Crime Act 2002. False accounting often accompanies crimes like tax evasion and money laundering, which may be charged in parallel and lead to further criminal sanctions and imprisonment.

Regulators like the Financial Conduct Authority (FCA) may also impose heavy fines for accounting misconduct in listed companies or financial services firms.

Are there any defences to false accounting?

Here are some potential defences that can be raised in response to allegations of false accounting:

• Lack of intent – the prosecution must prove that you had dishonest intent and willfully engaged in false accounting. If you can demonstrate that any inaccuracies or misleading information were unintentional, made in error, or due to a mistake, this could provide a defence.
• Insufficient evidence – skilled defence lawyers will carefully assess the strength of the prosecution’s evidence, looking for inconsistencies, unreliable witnesses, or gaps in the evidence chain. Challenging the sufficiency of evidence and raising reasonable doubt can be an effective defence strategy.
• Professional advice or interpretation – if you can show that you relied on professional advice or interpretation of accounting standards, and the false accounting was a result of a genuine misunderstanding or misapplication of those standards, this may serve as a defence. It is important to establish that you acted in good faith based on expert guidance.
• Lack of personal involvement – if you can establish that you were not directly involved in the preparation or manipulation of the false accounting records or that you had no knowledge of the inaccuracies, this may serve as a defence. It is crucial to demonstrate that you were not complicit in or aware of any fraudulent behaviour.
• Duress or coercion – if you can demonstrate that you were coerced or under duress to engage in false accounting, this may serve as a defence. You must establish that the coercion was immediate or imminent and that you had no reasonable alternative.
• Procedural errors or irregularities – if there were procedural errors, irregularities, or violations of accounting regulations during the investigation or in the handling of your case, it may be possible to challenge the validity of the charges. This defence focuses on any flaws that may have compromised the fairness of the investigation or prosecution.

It cannot be stressed enough that false accounting is a serious offence with significant legal consequences, and not only for your business. If you are facing allegations of false accounting, seeking immediate legal advice from an experienced false accounting solicitor is crucial.

Will I go to prison if it is my first time committing false accounting?

Predicting whether a first time false accounting offence could result in imprisonment is difficult, as courts consider numerous factors during sentencing. The scale and complexity of the deception is a key consideration – extensive, sophisticated falsehoods are viewed less sympathetically than minor breaches. The losses caused and damage to public trust in accounting standards will also be assessed, with severe impacts increasing chances of custody.

Mitigating factors like cooperating with investigations, admitting guilt early, and attempting to make amends, may assist first-time offenders in arguing against prison. On the other hand, aggravating factors like acting deliberately to enable other crimes or conceal misconduct point towards harsher punishment.

While simple record-keeping errors may warrant suspended sentences, judges are reluctant to have an offender avoid prison for substantial intentional falsification given the gravity and consequences of the deception. Those facing prosecution should obtain expert legal advice on realistic prospects of imprisonment based on precedents for comparable cases. An experienced fraud defence lawyer will be able to present mitigation arguments that may help you avoid prison.

Where to get further help

If you or someone you care about is charged with false accounting, getting expert legal help immediately is very important. For first timers, charges could even be dropped pre-trial with the right advocate on your side. To understand your options, contact Stuart Miller Solicitors for a free consultation.

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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

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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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22:14 20 Jan 24

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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.

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19:54 19 Dec 23

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21:00 09 Dec 23

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17:49 01 Dec 23

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

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

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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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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.

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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 Rules

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

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