Two of the most common so-called ‘white collar crimes’ that people are accused of are forgery and fraud. Each of them can be considered incredibly serious, and depending on the circumstances you could end up receiving a hefty prison sentence should you be found guilty.
Both fraud and forgery are highly complicated legal areas, and if you’re currently the subject of an investigation, you’ll need to seek legal advice from an experienced criminal defence solicitor. Background readings such as this one can be useful sources of basic information, but they in no way substitute personalised legal advice.
Fraud defined
Fraud refers to a broad range of criminal acts, covered primarily under The Fraud Act 2006. What ties most fraud-related offences together is the intentional use of deception, to either bring about personal gain or to cause another to suffer a loss.
There are multiple different ways in which fraud can be carried out, many of which have their own specific legal terms. These include fraud by abuse of position, insurance fraud, and benefit fraud.
When looking for a criminal defence solicitor to help you fight an accusation of fraud, it’s vital that you identify a solicitor with experience in the precise area of fraud that you need help with. You may find that an expert in identity fraud is ill-equipped to help you develop a defence against a case involving fraud by abuse of position, and vice versa.
Examples of fraud
To help you gain a better idea of what fraud might actually look like, here are a few examples.
Benefit fraud
A common form of fraud is benefit fraud. In these kinds of cases, someone will intentionally misrepresent themselves to the government, in order to receive more money than they would legally be eligible for.
Identity fraud
Identity fraud cases consist of using stolen identities to defraud a person or business of something. A common example would be using a stolen identity in order to apply for a loan, or to apply for a credit card.
Fraud by abuse of position
In these kinds of fraud cases, someone will abuse a position of power or responsibility in order to cause loss to another or gain for themselves. An example of this could be a charity trustee who uses their position in order to steal from the charity they’re helping to operate.
As you can see, some of these examples can appear to be similar in many ways to theft. While some cases of fraud will be dealt with under the Theft Act 1968, fraud is typically considered a more serious offence than theft, and prosecutors will try to charge using the Fraud Act where they see fit.
Forgery defined
Forgery is essentially a sub-category of fraud, whereby someone intentionally tampers with documentation in order to gain something or cause another to suffer a loss. Typically, cases of forgery would be dealt with under The Fraud Act 2006, and would be considered an example of fraud by false representation.
Examples of forgery
Examples of forgery could include the following.
Counterfeit banknotes
A common form of forgery is to take imitation banknotes and try to represent them as real money. This would only count as fraud if the defendant knew that the banknotes were not real, and intended to pass them off as real to a victim.
Forging documents
Many instances of fraud will include creating documentation of some kind or other that intentionally misrepresents reality. Again, for this kind of forgery to be considered a criminal offence, the prosecution must be able to clearly prove mens rea, or criminal intent.
Sentencing for fraud
While it’s considered a white-collar crime, fraud is a serious criminal offence to be accused of. If you’re found guilty, you could face up to 10 years in prison, along with a hefty fine. While 10 years’ custody is the sentencing maximum, a sentence of this severity will only be handed out in rare circumstances.
The defendant would typically have to be operating in a position of authority in part of a wider criminal conspiracy, and have been carrying out the fraud over a prolonged period of time while negatively affecting a large number of victims.
That being said, even in cases that aren’t that extreme, it’s still definitely possible to end up receiving a custodial sentence of some kinds, whether the offence involved forgery or not. Clearly, fraud and forgery accusations are not to be taken lightly.
Other ramifications
As fraud and forgery cases are generally financial in nature, it’s possible that you will have assets seized under the Proceeds of Crime Act 2002, should you be found guilty. It’s also possible that you might face a substantial fine.
For those who commit the crime while working in a position of authority in a business, which can be quite common, it’s also possible that you’ll be barred from being a director for a certain period of time. It’s important that you discuss these potential ramifications with your solicitor, so that you fully understand the situation that you’re in.
Seeking legal assistance
Investigations involving fraud and forgery can often become incredibly complicated, and can require a sophisticated approach in order to fight them effectively. As a result, it’s imperative that you identify a competent criminal defence solicitor with extensive experience in dealing with fraud cases. Your criminal defence solicitor will be able to:
- Advise you both before and during any interviews under caution you have to attend.
- Help you to develop a solid legal defence, arranging for a barrister to represent you in court if necessary.
- Ensure that the authorities apply the law in a just and fair manner at all times.
- Assist you through the appeals process, should you and your legal team be unhappy with the end result.
Developing an effective legal defence against a fraud accusation can take time. As a result, in most cases, the sooner you reach out to a fraud solicitor for legal advice, the higher your chances of achieving a favourable result.
Currently facing fraud charges? For further advice specific to your charges, reach out today by calling on 0161 234 0020 (MANCHESTER) / 0203 053 8625 (LONDON) / 07956 555797 (24 HOUR). You can also contact our team of solicitors directly.
