What is fraud and how can you be convicted of fraud?
Fraud allegations are the most difficult, complex and time-consuming cases to defend.
Fraud cases can often be won or lost at the investigation stage and before charge. What occurs in the early stages of an investigation can influence whether the matter leads to charge and in some cases, conviction.
“I do not understand what I am supposed to have done wrong. Why are they saying I am a fraudster? I have done nothing wrong.”
Not properly understanding why the police and prosecution are looking to prosecute you and put you through possibly the worst period of your life, is the most common experience we have when meeting clients who seek our professional help to successfully defending such allegations. Once you have an understanding of what the prosecution has to show and then prove against you before you can be charged or convicted, it becomes much easier for you to assist in successfully defending the allegations against you.
It is vitally important you have a working relationship with the legal team you instruct. You should be walking away from every conference with your legal team with a feeling you fully understand everything that is going on and you can see why the police and prosecution are accusing you of fraud. Once you are armed with this knowledge, you are in a better position to be able to provide your legal team with the answers to help them successfully defend your case. So, with this understanding, what is fraud?
To be convicted of fraud (or cheating), the Prosecution have to prove:
- There has been dishonesty.
- A dishonest event has to have taken place
- You must be a party to that dishonesty.
Although there is no definition of what a fraud is in the Fraud Act 2006, the dishonesty in question has to consider the actual state of the accused knowledge or believe as to the facts of the case (did you make someone believe something is true that you know to be false?) The Jury will be told they must consider whether the conduct you are supposed to have engaged in was honest or dishonest to the standards of the ordinary decent person
Potter Derby are recognised as long-standing members of the Specialist Fraud Lawyers association for a considerable number of years, whilst also proud to be included in the top ranked chambers for several years including 2024, along with being ranked as a Legal 500 leading criminal defence firm 2024.
Specialising in all aspects of Fraud & Financial Crime including:
- Cryptocurrency Fraud
- Stock Fraud
- Banking Fraud
- Investment Fraud
- Land Fraud
- Money Laundering
- Mortgage Fraud
- Boiler Room Fraud
- VAT Fraud
- Dark Web & NFTs
We're here to Defend You
Meticulous case preparation is the key to ensuring positive outcomes for our clients.
We relish the prospect of solving clients problems. We devise strategies, prepare meticulously, and leave nothing to chance. We will defend our clients rights with all our ability and determination. While our clients legal issues will be peculiar and unfamiliar to them, our expert lawyers have decades of invaluable experience to rely upon.We create a reassuring and protective environment, while working tirelessly to meet objectives.
Our work will demonstrate our commitment to our clients and will validate the trust clients place in us. Potter Derby Solicitors do not wish to garner fame or publicity. We recognise that confidentiality of our clients cases is of the upmost importance. That is why most of our success stories will forever remain untold.
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