Fraud Investigations

Fraud Defence & Investigations

At Axis Solicitors, our highly skilled team of fraud solicitors has extensive experience in tracing, preserving, and recovering stolen funds and assets both in the UK and internationally. We also provide expert defence for individuals and businesses accused of fraudulent conduct, ensuring your legal rights are protected at every stage.

Tracing, Recovering, and Defending Fraud Cases

Fraud costs UK businesses and individuals billions of pounds each year, and with the rise of global commerce and digital communications, fraud cases have become increasingly complex and widespread. Our expert solicitors and specialised accountants understands the far-reaching impact fraud can have on your business or personal life and is committed to providing effective, strategic advice to help you navigate these challenges.

We represent both victims of fraud seeking asset recovery and those defending against civil fraud claims. Whether you are looking to recover financial losses or facing serious allegations, we work tirelessly to secure the best possible outcome, minimising reputational damage and financial exposure.

We offer clear, practical solutions to complicated fraud cases, giving you the confidence and expertise needed to protect your interest and shield assets.

Fraud Investigations

Fraud investigations can have significant and far-reaching consequences, impacting not only you but also your family, business, and professional reputation. Depending on the nature and severity of the allegations, you may face substantial financial penalties, reputational harm, and even imprisonment. It is essential to have a solicitor with expertise in defending fraud cases to protect your interests.

Our specialist Fraud Investigation Solicitors play a critical role not only in defending cases, but also in liaising with investigators from a range of government bodies, such as:

• The Serious Fraud Office (SFO)
• The Financial Conduct Authority (FCA)
• HM Revenue & Customs (HMRC)
• The Department for Business, Energy & Industrial Strategy (BEIS)
• The City of London Police

The stress of such investigations can hinder your ability to defend yourself effectively. A skilled fraud solicitor will guide you through every step of the process, from dealing with investigators to preparing a strong defence strategy, helping to minimise financial penalties, reputational damage, and the risk of imprisonment.

Fraud Act 2006

Fraud refers to a variety of offences under the Fraud Act 2006, where the intention is “to make a gain for oneself or another, or to cause loss to another or expose another to a risk of loss.” 

The main offences include:

• Fraud by false representation
• Fraud by failing to disclose information
• Fraud by abuse of position

Other activities that may result in prosecution under the Fraud Act include:

• Possessing or making articles for use in frauds
• Supplying articles for fraudulent purposes
• Engaging in fraudulent business practices
• Dishonestly obtaining services

Types of Fraud We Defend Against

Fraud comes in many forms. 

Some of the most common types include:

• Banking, Insurance, and Credit Fraud: This can involve using false details to obtain mortgages, making fraudulent insurance claims, or committing payment card fraud. Sentences depend on the value of the fraud and may result in imprisonment for large-scale or long-running offences.
• Confidence Fraud: This occurs when a fraudster gains the trust of victims, often vulnerable individuals, to steal money or property. Sentences are influenced by the financial losses and the vulnerability of the victims.
• Possessing, Making, or Supplying Articles for Fraud: This includes creating or supplying fake documents, fraudulent software or hardware, or stolen bank account details. Sentencing depends on the role of the offender and their knowledge of the intended fraudulent use of the articles.
• Revenue Fraud: Offences in this category include VAT evasion, false accounting, and income tax fraud. Sentences range from fines to imprisonment, especially in large-scale, organised fraud cases.
• Benefit Fraud: Claiming benefits you are not entitled to, or failing to report changes in circumstances, can lead to fines, repayments, or imprisonment, depending on the severity of the fraud.

Typical Sentences for Fraud Offences

Fraud sentences vary depending on the nature of the offence, the value involved, and the harm caused. The maximum sentence under the Fraud Act 2006 is 10 years imprisonment. Factors such as the level of culpability (high, medium, or low) and the financial loss to the victims are considered when determining the sentence.

Judges also take into account aggravating or mitigating factors, such as cooperation with the prosecution or guilty pleas, when deciding on the appropriate sentence.

Asset Confiscation under the Proceeds of Crime Act (POCA)

If convicted of fraud, the prosecution may seek to confiscate your assets under the Proceeds of Crime Act (POCA). This process can take several months, but our solicitors will work with you and the prosecution to minimise the amount sought for confiscation, based on the alleged benefit of the crime and your available assets.

For Victims of Fraud

When fraud is suspected or uncovered, the actions you take in the immediate aftermath are crucial. No matter the scale or complexity of the situation, we can rapidly assemble a multidisciplinary team to provide urgent, strategic advice. Freezing assets and securing evidence are vital steps in ensuring the success of any fraud investigation.

Our team has extensive experience in tracing, preserving, and recovering stolen funds and assets globally. We regularly assist clients in obtaining freezing injunctions to safeguard assets, as well as search orders and Norwich Pharmacal orders to secure and obtain critical evidence.

We are also well-versed in conducting internal investigations, particularly when fraud is committed by someone within your organisation. Our goal is to minimise your financial losses and protect your reputation. In such cases, we often collaborate with our Criminal and Employment teams to ensure a comprehensive approach.

Fraud Defence for Defendants

At Axis Solicitors, we are experienced in defending individuals and businesses accused of fraud, handling cases of all complexities. We regularly represent clients facing fraud investigations, freezing orders, and asset seizures, using our knowledge and expertise to challenge such measures effectively.

Our expert Fraud Defence Solicitors are highly skilled in managing cases that involve both criminal and civil proceedings. We adopt a strategic, client-focused approach to ensure that your case is handled with care and precision. Our goal is to protect your legal rights and secure the best possible outcome while minimising any disruption to your personal and professional life.

In cases where reputational risk is a concern, our team can work with our network of public relations experts or branding consultants, to proactively to mitigate any potential damage. We understand that a fraud allegation can affect more than just your legal standing, which is why we offer to take steps to protect your reputation as an optional addition to a legal defence strategy.

We pride ourselves on offering clear, practical advice and robust legal representation, ensuring that you receive the highest standard of fraud defence services throughout your case.

Fraud Defence Specialisations

Our fraud solicitors have extensive experience in handling a wide range of financial crimes, including civil fraud and complex business fraud cases.

However, a number of our Business Crime and Fraud Solicitors focus mainly on  defending clients accused of:

• Serious High-Value Fraud
  High-value fraud cases often involve substantial sums of money and are frequently high-profile due to the seriousness of the crime. Whether related to investment fraud (such as share scams and pyramid schemes) or corporate fraud (including asset stripping and fraudulent trading), our solicitors are experts in mounting a robust defence.

• Investment Fraud
  Investment fraud usually promises high returns on investments that don’t materialise. If you’ve been accused of investment fraud, it’s crucial to seek legal advice immediately. Our experienced fraud solicitors are well-versed in defending against complex investment fraud allegations and will work hard to achieve the best possible result for you.

• Tax Evasion
  Tax evasion involves illegally avoiding tax payments by misrepresenting finances to HMRC. If you’re facing accusations of tax evasion, whether it was an oversight or a misunderstanding, our solicitors will provide expert advice to ensure you are treated fairly throughout the investigation.

Other Fraud Offences

We also provide legal defence and support during investigations and prosecution for those accused of:

• Mortgage Fraud
  This typically involves providing false information on mortgage applications or inflating property values to secure larger loans. If you are under investigation for mortgage fraud, contact our solicitors for specialist legal advice.

• Benefit Fraud
  Accusations of benefit fraud involve claims that someone has received more benefits than they’re entitled to. Our team has been defending clients in benefit fraud cases for years, providing comprehensive advice and support throughout the investigation process.

• Counterfeiting and Forgery
  Being accused of counterfeiting or forgery is taken seriously under UK law and can result in severe penalties, including up to 10 years in prison. Our solicitors have a wealth of experience in defending clients accused of these offences.

• Insurance Fraud
  Accusations of insurance fraud can be complex and damaging to your reputation. We understand the importance of swift and expert legal advice in such cases, and our fraud solicitors are here to defend your rights.

• Identity Fraud
  This occurs when someone dishonestly uses another person’s identity for personal gain. If you are accused of identity fraud, our solicitors are ready to provide immediate assistance and advice.

• Bribery and Corruption
  Bribery and corruption involve offering or accepting something of value in exchange for an illicit advantage. Our solicitors have significant experience in defending against these allegations, helping clients navigate investigations and prosecutions.

• VAT Fraud
  VAT fraud investigations can be disruptive and damaging to your business. Our solicitors are experts in defending against complex VAT fraud cases and will help protect your business and reputation throughout the investigation.

• Bank Fraud
  Bank fraud involves using dishonest methods to obtain money or assets from a bank. Our fraud solicitors are experienced in defending clients against a wide range of bank fraud allegations.

• Credit Card Fraud
  Credit card fraud cases can be highly complex. Our solicitors have been successfully defending clients in these cases for over 20 years, ensuring that evidence is robustly challenged to secure the best possible outcome.

• Insider Trading
  Insider trading involves using confidential information to trade stocks or securities. Our solicitors are experienced in handling insider trading investigations and will work with you to build a strong defence.

• Pension Fraud
  Pension fraud can occur through fraudulent actions by employers or scams targeting pension funds. Our solicitors work closely with forensic accountants and industry experts to build a solid defence.

• MTIC and Carousel Fraud
  These types of fraud involve VAT scams where goods are sold with VAT added but the tax is not paid to the government. If you’re accused of MTIC or carousel fraud, our experienced solicitors are here to help you build a strong defence.

• Money Laundering
  Often linked to fraud, money laundering involves concealing the proceeds of a crime. Our solicitors are experts in defending against both money laundering and fraud charges, ensuring a thorough and robust defence.