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Fraud

Metcalfe David Eyres founded in 1956 has a long history of representing clients who are charged with fraud. Their legal team are able to scrutinise and research documents and study accounting processes etc.

A person is guilty of fraud if he is in breach of the following:
(False Representation)

  • A person is in breach by false representation if he:
    Dishonestly makes a false representation and
  • Intends by making the representation:
    (i) Making gain for himself or another or
    (ii) To cause loss to another or to expose another to a risk of loss
  • A representation is false if:
    (i) It is untrue or misleading and
    (ii) The person making it knows it is, or might be, untrue or misleading.
  • Representation means any representation as to fact or law, including a representation as to the state of mind of:
    (i) The person making the representation or
    (ii) Any other person
  • A representation may be expressed or implied
  • For the purposes of the section a representation may be regarded as made if it (or anything implying) is submitted in any form to any system or device assigned or received convey or respond to communications (with or without human intervention)

Fraud by failing to disclose information

A person is in breach if he:

  • Dishonestly fails to disclose to another person which he is under a legal duty to disclose and
  • Intends, by failing to disclose the information:
    (i) To make a gain for himself or another or
    (ii) To clause loss to another to expose another to a risk of loss.

Fraud by abuse of position

A person is in breach if he:

  • Occupies the position in which he is expected to safeguard, or not to act against, the financial interest of another person.
  • Dishonestly abuse that position, and
  • Intends, by means of the abuse of that position:-
    (i) Make a gain for himself or another or
    (ii) Cause loss to another or to expose another to risk of loss
  • A person may be regarded as having abused his position even though his conduct consisted of an omission rather than an act

The types of offences have a wide range of seriousness and can be dealt with either in the Magistrates’ Court or in the Crown Court. Although the following is not a comprehensive list some of the matters that are dealt with under the Fraud Act include:

  • Evading duty
  • Falsely claiming benefits
  • False accounting
  • Obtaining or possessing false identification documents
  • Trade mark offences
  • False vehicle number plate
  • Improper financial transactions

It is a complex area which, on conviction, can lead to a loss of liberty.

It is essential that you take advice at the earliest opportunity and, if arrested for those matters, before you speak to the Police.

We are here to help and offer a complete private and discreet service. Call us now for an initial free interview on 0114 249 3222.

Looking for a solicitor to assist you? Contact us today

0114 249 3222
01246 555 387