WHAT SHOULD I DO IF I AM ARRESTED OR CHARGED FOR VAT FRAUD?

VAT fraud costs the UK economy billions of pounds annually, making it a serious offence with significant consequences. If you find yourself being arrested or charged with VAT fraud, it is very important that you seek assistance from a qualified criminal defence solicitor as early as possible to navigate the complexities of the legal process. This article will address common concerns you may have, such as whether you need a solicitor for VAT fraud, what potential defences you might have, and the likelihood of being granted bail. By understanding these key points, you can take informed steps to safeguard your legal rights.

Do I need a solicitor for vat fraud?

VAT fraud is a serious offence with potentially severe consequences, including substantial fines and even imprisonment. As a result, understanding the complexities of the charges against you and navigating the legal landscape can be overwhelming without professional help.

VAT fraud involves the evasion of Value Added Tax due to HM Revenue and Customs (HMRC). This can take various forms, such as submitting false VAT returns, claiming refunds for non-existent transactions, or knowingly participating in what is commonly referred to as carousel fraud. HMRC actively investigates and prosecutes VAT fraud, and they have extensive resources at their disposal to build a case against you.

A criminal defence solicitor specialised in VAT fraud can provide invaluable assistance in several ways:

• Expert Advice: Solicitors with experience in VAT fraud can offer you professional and tailored advice based on the specifics of your case. They have a deep understanding of tax laws and the intricacies of VAT regulations.
• Preparation and Representation: A solicitor will help you prepare your defence, gather necessary documentation, and represent you in court. This includes challenging the evidence presented by HMRC and ensuring that your rights are protected throughout the legal process.
• Negotiation with HMRC: In some cases, a solicitor can negotiate with HMRC on your behalf to reach a settlement or reduce the penalties you may face. An experienced solicitor will know the best strategies to manage these negotiations effectively.

What are possible defences for vat fraud?

One potential defence is the lack of intent to commit fraud. Prosecutors must prove that you intentionally acted to deceive the authorities. If you can demonstrate that the discrepancy in VAT payments was accidental and not deliberate, this could be a strong defence. Misunderstandings or clerical errors often occur in financial paperwork, and if you can provide evidence supporting that you acted in good faith, the charges may not hold.

Another defence could be the mistake or error defence. VAT regulations are complex, and it’s not uncommon for individuals and businesses to make errors without any fraudulent intent. If the discrepancy was due to a genuine mistake rather than an attempt to defraud HMRC, this defence might be effective.

Delegation of responsibility can also be a viable defence. If you can prove that you delegated the management of your VAT affairs to a reputable professional, such as an accountant or financial advisor, and the fraud was a result of their actions rather than yours, you might not be held responsible. In such cases, the liability may fall on the individual or firm who mismanaged the VAT returns.

A claim of due diligence can be another strong defence. This means demonstrating that you took all reasonable steps to ensure compliance with VAT laws. If you can show that you sought professional advice, kept accurate records, and followed recommended procedures, this could indicate that you took your VAT obligations seriously and did everything possible to avoid committing fraud.

Will I get bail for vat fraud?

Bail is not automatic and is determined on a case-by-case basis, influenced by several factors such as the severity of the charges and your personal circumstances. Common factors considered include:

• Nature of the Fraud: VAT fraud is considered a serious offence, especially if it involves significant sums of money or elaborate schemes.
• Previous Criminal Record: A history of prior convictions can negatively impact your chances of being granted bail.
• Risk of Absconding: The court will assess whether you are likely to flee rather than attend your trial. Strong community ties, such as family and employment, can work in your favour.
• Risk of Re-offending: If there is a concern that you may commit further offences while on bail, this can also influence the court’s decision.
• Interference with Witnesses or Evidence: The court may deny bail if there is a risk that you could interfere with the investigation or intimidate witnesses.

In some cases, conditions can be attached to your bail to mitigate any perceived risks.

Will I have to go to court if I’m arrested or charged for vat fraud?

HMRC has various ways to handle VAT fraud cases. In some instances, they may prefer to resolve matters administratively. This could involve financial penalties, repayment plans, and other non-court-based actions. If HMRC believes that the fraud was unintentional or simply due to a misunderstanding, they may take a more conciliatory approach.

However, if the evidence suggests a deliberate attempt to commit fraud and the amount involved is substantial, HMRC is more likely to pursue criminal charges. Some scenarios where you might have to go to court include:

• Significant Financial Loss: If the alleged fraud involves a significant amount of money, it increases the likelihood that HMRC will seek a criminal prosecution.
• Evidence of Deliberate Deception: Cases where there is clear evidence that fraudulent actions were taken intentionally are more likely to result in criminal charges.
• Repetitive Offences: If this is not your first run-in with VAT issues, and there is a pattern of similar behaviour, the case is more likely to be taken to court.
• Insufficient Cooperation: Failing to cooperate with HMRC can show underlying criminal intent or the intention to delay/prolong investigations unduly, which is a waste of public resources and may make appearing at court a more attractive option for prosecutors.

Will I go to jail if found guilty of vat fraud?

If found guilty of VAT fraud, the court will take into account various factors before deciding on the sentence. Here’s what you can expect:

1. Severity of the Fraud: The amount of money involved plays a crucial role. Higher amounts tend to result in more severe penalties, including longer prison sentences.
2. Duration of the Activities: Fraud that has been systematically carried out over a long period will likely attract harsher punishment.
3. Role in the Offence: If you played a primary or leading role in the fraud, the penalties will be more severe. Those who played minor roles or were coerced into participating may receive more lenient sentences.
4. Previous Criminal History: A clean criminal record could result in a lighter sentence, whereas a history of similar offences might lead to harsher penalties.
5. Voluntary Disclosure and Cooperation: If you voluntarily disclose the fraud before any investigation begins, this may work in your favour.

Will I go to jail if it’s my first offence of vat fraud?

The answer to this question isn’t straightforward, as it depends on several factors, including the specifics of your case and how it is handled in court. Several factors will be considered by the court when deciding on an appropriate sentence:

• The amount of money involved in the fraud
• Whether the fraud was carried out over an extended period or was a one-off incident
• Any previous criminal record you may have
• The level of planning and sophistication involved in the fraud
• Your role in the fraud (whether you were the mastermind or a minor participant)
• The impact of the fraud on victims and the wider economy
• Your personal circumstances and character references
• Whether you cooperated with authorities and showed remorse
• Any attempts made to repay the fraudulent amount

While being a first-time offender can work in your favour, VAT fraud is considered a serious offence, and custodial sentences are not uncommon, even for first-time offenders.

Can I get Legal Aid for vat fraud?

Yes, you can get Legal Aid for VAT fraud, but certain conditions must be met to qualify for it. To determine if you qualify for Legal Aid, an assessment will be carried out to evaluate both aspects. This assessment is based on two main criteria: means and merits.

• Means test: This looks at your financial circumstances, including income, savings, and assets. If you fall below a certain threshold, you may be eligible for Legal Aid. In certain cases, even if your income is slightly above the threshold, you might still qualify by making a contribution towards your legal costs.
• Merits test: This considers whether there is a reasonable chance of your case being successful and whether it is in the interests of justice for you to be prosecuted.

Where to get more help

Understanding your rights and available defences is crucial if you or someone you care about is facing a charge for VAT fraud. With the expertise of a knowledgeable criminal defence solicitor, you can gain valuable guidance through each stage of your case. Trust in experienced professionals like those at Stuart Miller Solicitors to provide robust representation and support. Get in touch for a free consultation about your options today.

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11:01 18 Mar 25

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12:10 21 Feb 25

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14:25 20 Jan 25

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16:48 16 Jan 25

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13:29 16 Jan 25

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15:34 03 Jan 25

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12:25 11 Dec 24

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13:15 27 Nov 24

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23:28 16 Nov 24

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15:49 12 Nov 24

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11:53 28 Oct 24

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15:43 11 Oct 24

Brilliant service! Great team and very efficient. Couldn’t have asked for a better service and would highly recommend. Rob is very efficient in his work, always keeps communication and let’s you know the steps, he’s very helpful in terms of other worries within a case and gives great advice on any matter.

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14:13 14 Aug 24

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19:53 11 Aug 24

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17:21 25 Jul 24

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15:02 30 Jun 24

I actually spoke to one of the solicitors via TikTok when I came across a video they had posted - they were quick to respond and listen to my Case and offer me advice I feel they gave me some piece of mind and will definitely be keeping in touch

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11:59 25 Jun 24

Amazing lawyer firm. After being represented by Amirah K. we were able to have our case dropped within 5 months when original estimates had been 2 years!! Most firms said they would do nothing and that we should just do legal aid. Stuart Miller said “No” and instead seeked to represent us, they chased the OIC and went far and beyond.If you need a lawyer, don’t waste time on these other smaller firms that promise nothing but scary maybes and demand thousands in return. Go with Stuart Miller, it’ll be the best decision you ever made.

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11:42 13 Jun 24

We found this place on the last minute and we did not expect that the problem will be resolved.Was a complicated matter and we wouldn’t trust to everyone but Abu Kibla with his professional experience made it so calm and easy for us. We cannot thank him enough for being able to resolve our case with the best outcome ever. We will definitely recommend Abu to any friends or relatives. Once again thank you for the bottom of the heart.

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18:52 11 Jun 24

Thanks a lot for my case , I’m really happy with progress. Especially one of best Duygu she’s done brilliant job for me 🤞🏼🤞🏼🙏🏼🙏🏼

264144253

06:44 29 May 24

I have unfortunately found myself in a position to be needing legal advice and representation in court. This company has been professional and efficient from start to finish. Excellent communication and advice from Kelly and representation from Robert in court. They were both amazing and explained every step of the process and calmed me down and also managed to get the unfounded charges dropped. I can’t recommend them enough. They absolutely take your case personally and try their hardest for you every step of the way.

Souad Ghailan

17:12 17 May 24

I’m not really sure where to start I been on a roller coaster with my son and his many cases for years now. So Stuart miller solicitors have become like family to me.Nothing I can say on here will ever give the amount of gratitude and and thanks to these guysI want to thank them individually as i have had personal experiences with all 3 of them, Zeb I cannot say thank you enough, you have been there through my darkest days , got me through times when I had very low moral. Your level of expertise and your knowledge of law, are priceless and of course you are a real force to be reckoned with!! Kibla thank you I know I have not been easy at times to deal with but you kept your cool and professional conduct throughout you and Zeb have gone beyond what your duties were with my son cases, I will forever be grateful for your unwavering support in all matters.Savanna words are not enough for you, for your commitment your dedication and hard work youput in is unmeasurable you guys are the best lawyers in london, because you made me feel like my son case mattered and you thought hard to get him the best outcome , with multi counts of A class drug charges knife and handing stolen goodAnd second strike I thought it was game over For my son, he really was looking at many years in prison.Not so with all your expertise and drive and hard work the end result was excellent 4half years to serve half with mitigation this meant he will serve a small amount of time.This was truly a massive shock to me and an excellent result.I cannot recommend Stuert Miller enough these guys are truly worth their weight in law.I wish you guys every success in your firm you truly deserve itYour forever gratefulSouad ghailan

Maciek Rad

13:32 16 May 24

I would just like to thank Mohammed Zeb, for the amazing work he put in at court today. He really helped me understand the matter and how to solve it with such professionalism. I would highly recommend Mohammed to anyone that’s got any ongoing cases.

Sahin akay

11:06 16 May 24

I really appreciate Mr Mohammed Zeb for his support, advice and his strong defence in my case. He’s a great solicitor and I’ll definitely be requesting him if ever need be in the future.

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11:05 16 May 24

Mr zeb is the Best solicitor giving the best legal advice and defence as I was stressing out before speaking to him and when he clued me to what’s happening I stopped stressing as I knew how to deal with the situation. Would recommend to anyone needing advice.

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09:45 14 May 24

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23:16 24 Apr 24

Thank you so much to Mohammed Zeb And Sophie. We was supported in all steps along the way of my little sister’s case. They made us extremely comfortable and sufficiently advised us in every aspect. All of our questions were answered in detail and all information we needed was clearly outlined to us. With the prosecution pushing for jail time, Mr Zeb was able to quickly diffuse the situation in court and get an outcome for us that was much less detrimental. We are so happy that we chose to go with this firm and would recommend Stuart Miller to any and everyone. Thank you again to Mr Zeb and Sophie for all your support, we will never forget it.

Ayesha Akbar

20:24 06 Mar 24

We had an issue with the police raising an incorrect safeguarding issue against our daughter because we used a Complementary Alternative Medicine (CAM) which they disagreed with (wet cupping therapy). The police wanted us to sign a community resolution order admitting that we assaulted our child! We spoke to Mohammed Zeb who swiftly acted to contact experts in our field and his field, along with experts in social services matters and gave us recommendations to challenge the police. Their weak case quickly dissolved into no further action when the police realised that we would not accept a resolution order claiming we assaulted our child.I would strongly recommend Mr Zeb to all and would use nobody but them in the future.

Samanda Jashari

17:06 27 Feb 24

After searching high and low, they are best solicitors in the uk! They truly care about people and are willing to help no matter when. Very honest and realiable!

paula militaru (paula)

15:37 16 Feb 24

Stuart Miller Solicitors are the best !I been searching online for legal aid solicitors, and I find them!Easy with all documents required, and easy with my case too!They been so helpful to me and they give me a positive vibe every single time we meet up for my case !They are amazing and I definitely recommend them 100 % !Thank you so much to both of solicitors who get my case and god bless them forever !

dean morgan

10:14 16 Feb 24

They where very helpful and contact me as soon as the officers writen to them about my bail.

Sophia H

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.

Hassan Ali

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.

Clare Peters

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.

Yeliz Akturk

12:36 22 Jan 24

Many people promise to deliver some just talk nonsense on social media platformsThe truth is that your defence team must be on the same level as your thought if you have any chance of winningMy case was difficult complex and very seriousI thank you all at Stuart miller : Mohammed Zeb and Peter had it not been for your care knowledge support I would not be here todayThank you from my family and I

Jamshad Naeem

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.

Colm Walshe

23:14 19 Jan 24

Kiran was amazing with my case, made me feel at ease from the start, was very helpful and professional in resolving matters as quickly as possible. Would highly recommend

Real Cubano

13:03 16 Jan 24

Phil is the best ….Thank you thank you 🙏🏻…..

Phillip taylor

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 .

Victoria Poku

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.

Maria Missii

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.

Gabriel Chirwa

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.

Joyce Cunningham

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.

Abdi shakur Ali

21:28 18 Nov 23

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

Alby Davis

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.

Keshia

14:50 14 Nov 23

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

Namna Janapori

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.

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