Fraud, White Collar & Business Crime
The Legal 500 states that the firm’s ‘brilliant team handles a broad spectrum of criminal cases with an excellent fraud and business crime team’.
The use of specialist government departments, new regulatory powers and technological development has lead to an increase in business crime detection as well as prosecution. Coinciding with this, Tuckers Solicitors has enjoyed a growing reputation for successfully defending those accused of so-called “white collar” fraud.
Tuckers Solicitors will put together a specialist team tailored to your individual needs, pulling resources from leading accountancy firms and Barristers’ practices. Our lawyers have a wealth of experience with regards to complex and large scale investigations and are able to quickly process the information and identify the key issues for you in a clear and relevant way so that you can mount a pro-active and robust defence.
A member of the Legal Services Commission’s Specialist Fraud Panel, Tuckers Solicitors is one of the few national firms authorised by the LSC to undertake serious fraud and high profile cases (VHCC). Consequently, the firm has vast experience in the defence of complex and large-scale investigations, including international transactions.
Tuckers Solicitors Fraud & White-Collar Business Crime Department has an renowned international reputation for successfully defending cases brought by the Serious Fraud Office (SFO), National Crime Squad, HM Customs & Excise (HMRC), the Department for Business Enterprise and Regulatory Reform (BERR), Financial Services Authority (FSA), Fraud Prosecution Division, Ministry of Defence, Serious Organised Crime Agency (SOCA), the Department of Trade and Industry and the Casework Directorate at the Crown Prosecution Service.
The firm has successfully acted on the full spectrum of fraud and white-collar business crime. Our expertise includes cases dealing with investment fraud, Insider trading, Money Laundering, Pension fraud, Mortgage fraud, Bribery, commodities and currency frauds, Tax and VAT fraud, Duty fraud, False accounting, Fraudulent trading, Advance fee fraud, Corruption, Insolvency, Cartels, Missing Trader Intra-Community (‘MTIC’) and carousel fraud, Boiler room fraud, Credit card fraud, Financial Regulatory Offences, Confiscation Orders, forfeiture and seizure of assets under the Proceeds of Crime Act or Drug Trafficking Act, police raids, Corporate Manslaughter, Disciplinary Tribunals, confiscation and forfeiture and Financial Regulatory Offences.
Our investment in information technology allows us to use the most advanced and sophisticated case management techniques to highlight the weaknesses and inconsistencies in the prosecution’s case. The firm works closely with legal, forensic, VAT, tax, IT and communication experts and specialist accountants.
Our lawyers are available 24 hours a day, providing immediate, first-class legal advice, representation and assistance during legal proceedings. Please contact the Private Client Department on 020 7388 8333 or email firstname.lastname@example.org.
White Collar Fraud: Criminal Defence in England and Wales
White collar crime is typically carried out by businesses and executives for financial gain. Most white collar crimes are frauds, but the term also covers other financially motivated offences such as bribery. Cases of this kind tend to be very complicated, involving large amounts of financial data and numerous suspects.
In order to promote this country as a safe and worthwhile place to do business, anti-fraud detection measures are sophisticated and enforcement powers are wide reaching. When criminal allegations arise, it is important to meet the advanced detection measures used by the authorities with an equally sophisticated defence approach, in order to protect the defendant’s rights and gain the most favourable outcome possible.
Tuckers’ Fraud, White Collar and Business Crime team is composed of some of the firm’s most experienced solicitors, including criminal defence solicitor Leigh Wright. The team has earned an excellent reputation for successfully defending clients in both national and international investigations. If you are under suspicion for fraud, or any other business crime, please contact our dedicated team for advice and support.
Here you will find a general overview of white collar fraud as well as details on how investigations are typically carried out by anti-fraud agencies. Finally, we set out the components required when mounting a strong defence against fraud allegations.
Fraud is dealt with in the Fraud Act 2006 which establishes three ways in which the offence can be committed: fraud by false representation, fraud by failing to disclose information and fraud by abuse of position.
In each case, the defendant’s conduct must be deemed dishonest and their intention must be to gain or cause a loss, or risk of loss, to another. However, no actual gain has to be made or loss incurred. Penalties for fraud convictions are hefty, including imprisonment of up to 10 years, high fines and confiscation of assets. The severity of the sentence handed down will depend on the seriousness of the case and the level of blame attributed to the convicted party.
There are a number of agencies involved in the detection, investigation and prosecution of fraud, including the Serious Fraud Office (SFO), the National Crime Agency (NCA), the Financial Conduct Authority (FCA) and HM Revenue and Customs (HMRC). When a fraud investigation is initiated, suspects will be questioned by the police and searches may be carried out at their homes and places of work. The financial records of parties under investigation dating back months, and often years, will be thoroughly examined by the agencies involved.
At any time after a fraud investigation has begun, a restraint order authorised under the Proceeds of Crime Act 2002 (POCA) may be granted to the prosecuting body in order to freeze the property and assets of an individual or company where there are reasonable grounds to believe they have benefited financially from criminal conduct. While the restraint order is in force, the subject is prohibited from dealing with the assets set out in the order. These measures are used to secure assets so they can be confiscated by the authorities in the case of conviction.
Defending Fraud Allegations
Cases of fraud usually involve extensive and complicated financial evidence. A vital step in mounting a strong defence against fraud allegations is to inspect and understand all the evidence and identify the strengths and weaknesses of the case, so that a strong, focused approach can be established from the start. In complex cases of fraud, the assistance of independent expert witnesses, such as forensic accountants and auditors, will almost certainly be vital to the defence case.
The defence team should assess the prosecution’s evidence to determine whether it is sufficient enough to establish the facts. Areas for dispute should be identified as early as possible because, if strong enough, they may be relied upon to apply for the charges, or some of charges, to be dismissed.
Defence statements and interviews with the fraud prosecution authorities can be pivotal to the conclusion of the matter at hand. While it can’t be guaranteed, the skilful handling of these elements can lead to the matter being dealt with before prosecution.
Where a defendant’s assets are subject to a POCA restraint order, defence solicitors will identify the grounds on which the terms of the order can be varied, or where appropriate apply for it to be discharged, so that the impact on the reputation and financial situation of the defendant is minimised.
Tuckers’ Fraud, White Collar and Business Crime Team
Fraud investigations and court proceedings are often long running and highly complex, putting defendants under much stress and strain throughout. At Tuckers, our experience and reputation in this area places us in an excellent position to safeguard the best interests of both individual and business clients accused of white collar fraud, throughout the criminal process.
Our team has successfully advised and represented clients against fraud offences including boiler room fraud, tax and VAT fraud, commodities and currency fraud, advance fee fraud and insurance fraud. Our firm also specialises in the full spectrum of white collar business crimes, including money laundering, bribery and corruption.
Our specialists’ wealth of knowledge and skills combined with the firm’s investment in information technology allows us to take an advanced and sophisticated approach to managing cases of fraud. We work closely with experts from legal, forensic, accounting, VAT, tax and other specialist fields, who help us to mount a robust defence in every case. Tuckers is a member of the Very High Cost Case (VHCC) panel, meaning we are one of the few firms in the country authorised to deal with significant, high-value fraud cases.
No matter the scale or specifics of your situation, our lawyers are on hand 24 hours a day to provide you with first-rate legal advice, representation and assistance. Please contact Leigh Wright by e-mail at email@example.com, or by phone on 0161 233 4321 (ext. 1014) or 07711679879.