The Fraud Act 2006
Fraud can take many forms and guises, in summary, if an attempt is made to gain or cause loss, and it is dishonest, then a fraud is committed. Fraud legislation is governed by the Fraud Act 2006, and there are three main provisions:
- Fraud by false representation – Section 2 Fraud Act 2006.
- Fraud by failing to disclose information – Section 3 Fraud Act 2006.
- Fraud by abuse of position – Section 4 Fraud Act 2006.
We provide specialist assistance in fraud cases from elaborate conspiracies, known as "boiler room" frauds to simple credit card fraud. See below and our dedicated Our Cases section for further examples of the work we have undertaken and instructions received. To keep updated on the latest cases of fraud and scams, both nationally and internationally, follow @fraud_lawyer on Twitter.
Example Case Studies:
Wine Fraud - Metropolitan Police Investigation
We were instructed by a client who was being investigated by the police and trading standards for a boiler room wine fraud, taking place on a national scale. It was alleged that our client had defrauded members of the public and investors into buying fine wines from Australia. The wines were shipped through Malaysia/Hong Kong/Dubai but never appeared to arrive at their UK destination. Our client was a director in the organisation when the premises were raided, and our client was implicated in the conspiracy in a leading role. We assisted our client during the police investigation, which lasted for more than two years. The police alleged that our client was instrumental in the scam that had been perpetrated against its investors and the public. We were given instructions by our client to investigate his defence proactively, and during our investigations, we uncovered evidence that showed our client was innocent. We persuaded the police not to charge our client by showing that our client had a cast iron defence to the allegations. Our client was not charged.
Deposit Fraud - Investigated by Merseyside Police
It was alleged that our client, an estate agent, had obtained a large cash deposit from a prospective tenant on a property in which she was interested. The complainant in this matter went straight to the police alleging that the deposit had been improperly obtained. We assisted our client during the six-month investigation, and showed, to the satisfaction of the investigating police officer, that the offence had not been made out. We secured evidence to support our client's defence. The police were satisfied with the evidence that we produced and did not take the matter any further.
Mortgage fraud – Investigated by West Yorkshire Police
Our client was alleged to have defrauded a mortgage company more than £1.3 million. Our client was adamant from the outset that his identity was stolen and his details used by the fraudsters. We established that when the fraud was perpetrated, our client could not physically have made any false representation, or signed any documentation relating to the fraud which deceived the mortgage company. We helped our client to obtain crucial supporting evidence to show this. The investigating officers referred the matter to the CPS for review who elected not proceed with any charges against him.
For further examples of fraud, please see our dedicated Our Cases section or follow us on Twitter under @fraud_lawyer and our home page with our blog and twitter feed.
For further advice and action, please call or e-mail us.
