Our Fraud Solicitors and Barristers have a wealth of experience and are regularly instructed to both bring and defend against a wide range of serious fraud allegations.
We deal with the defence of all fraud allegations from CPS charged Fraud act offences (such as fraud by false representation, fraud by failing to disclose information, and fraud by abuse of position) to high scale MTIC and carousel fraud allegations.
Our lawyers recognise the seriousness of any fraud allegation and endeavour to investigate and provide a robust defence by not only analysing and testing the Prosecution case but also by conducting our own investigations and putting forward a strong positive defence case.
What is a private prosecution for fraud?
A private prosecution for fraud is a criminal prosecution brought by individuals or companies that are the victims of crime and public prosecuting authorities are unwilling to act. Individuals and companies have the right to bring a private prosecution under section 6 (1) Prosecution of Offences Act 1985.
The main fraud offences are in the Theft Act 1968 and the Fraud Act 2006. To prove a fraudulent offence has been committed, it is necessary to show that that a person acted dishonestly, intending to make a gain for himself or another or cause loss to another.
Why commence a private prosecution for fraud?
To get justice for criminal offences committed against victims that have not been taken on by the police, CPS, the Serious Fraud Office (SFO) (investigation of serious and complex crime) or HMRC (investigate tax fraud). The media have reported that private prosecutions are on the increase due to police and CPS budget cuts which has limited the ability of the enforcement agencies to investigate and prosecute crime effectively. These cuts have created a trend among individuals to fund their own criminal actions against fraudsters due to a failure of the police to investigate or the CPS’s unwillingness to press ahead to trial.
If an offence under the Fraud Act 2006 is not the priority of the CPS, then private prosecutions are a necessary tool allowing a victim to take control of proceedings and actively pursue a conviction against the fraudster.
Some victims of fraud feel that civil proceedings may be prohibitively slow and a private prosecution would offer a speedier resolution. In addition, the civil damages awarded may not adequately compensate for the harm suffered whereas private prosecutions have the availability of tougher penalties which includes unlimited fines and imprisonment.
Many corporate entities have launched private prosecutions having been victim to fraud, rather than leave their rights to be protected by public law enforcement agencies.
Victims of crimes consider starting a private prosecution for a number of reasons, for example:
- to deter future criminal conduct by the suspect;
- to send a clear message to potential fraudsters that a company that has been defrauded will take strong action;
- as a necessary tool when the public prosecution authorities are unwilling to act;
- potential compensation for the victim.
- to establish a precedent for future conduct;
- to protect society; and
- a private prosecutor can access specialist expertise which many public prosecuting authorities cannot utilise, which can increase the chances of prosecution.
Discounted Fixed Fee Case Review
Our primary aim is to get results for our clients. The Fraud litigation team includes qualified solicitors and barristers whom have leading experience of high value fraud disputes and private prosecutions.
We offer all clients a heavily discounted fixed fee consultation (to take place either in our Chambers in Middle Temple or via our teleconference facilities or Skype).
The cost of the initial consultation is our minimum fixed fee of £775 plus VAT, which is heavily discounted for the time our Fraud litigation lawyers spend reviewing your matter both before and during the consultation. We analyse and work out the legal merits of running (or defending) your case to trial. We calculate and advise on legal risk factors and the criminal procedural rules in England & Wales. We factor in your risk-appetite, costs sensitivity and determination. Together, we plan the best negotiable result.
To contact us about your case please call us on 0207 1830 529.
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Please note: If you are concerned about accusations of fraud or suspect you are being investigated or have been charged with an offence then do not delay in contacting us in complete confidence.