While many may think of false accounting as a simple slip of judgement when filing a regular tax form, the legal reality of the situation is far more severe. Whether there is intent to defraud or it is a genuine mistake, individuals and businesses alike can face severe legal repercussions. As a result, it’s important to seek legal advice if you are ever charged with false accounting or any similar, related crimes. Reach out to our expert team of solicitors today for expert legal assistance.
What is false accounting?
False accounting is covered by both the Fraud Act 2006 and section 16 of the Theft Act 1968. According to the latter, false accounting constitutes the purposeful adaptation, via addition or omission, of financial information, with the goal of gaining wealth or bringing about the financial loss to another party.
As false accounting constitutes a type of fraud, it is dealt it extremely seriously by a number of different agencies. HMRC will often have a vested interest and will be intent on recouping any money they believe they are owed. The full weight of their legal team will be bent on finding the accused guilty. As the legal area that deals with false accounting is so complex, it’s essential that your legal team has extensive training in the subject, along with extensive practical experience in fraud-related legal areas.
Sentencing for false accounting
False accounting is a serious crime to be found guilty of, and holds a maximum sentence of seven years imprisonment. Depending on the exact circumstances surrounding your case, you could receive a sentence between six months and seven years in prison. It may also be necessary to pay a fine, along with any taxes that are due, to HMRC, or other parties that might be involved in the case. Maximum penalties are only applicable in cases where category 1 levels of harm are present; with false accounting, this would mean that the accused would have caused a loss of £500,000 or more.
What false accounting defence solicitors can do to help
Having a competent legal team to assist you with your defence can make a massive difference in false accounting cases. If your legal team can illustrate that there are any mitigating circumstances, your sentencing will be far more lenient, if you’re found guilty at all. Mitigating circumstances might include being of provable good character, being unaware of the implications of your actions, or being forced into it by another party. In more general terms, our legal team can help you:
- Prepare you for your interview under caution, and give further advice while the interview takes place
- Ensure that the law is applied in an appropriate and just manner during the investigation and trial
- Help you to prepare for trial and represent you in court
- Help you with the appeals process, if necessary
Seeking legal assistance in good time is imperative, to ensure that no further damage is done that may lead to further legal culpability, and to enact a solid legal defence before the case progresses in a negative direction.
Contact Our Team At Ashcott Solicitors
If you’re facing false accounting charges and require urgent legal advice, call us now on 0161 234 0020 (Manchester) /0203 053 8625 (London) / 07956 555979 (24 hour).
You can also contact us via our contact form and we will respond to you as soon as possible.
