Corporate and Financial Crime
If you are under investigation for serious fraud or tax offences, it can turn your life upside down. Cartwright King’s corporate and financial crime lawyers provide the legal support you need to help you navigate fraud and tax investigations, protecting you from reputational damage and criminal charges.
Working with Cartwright King’s specialist fraud solicitors gives you the assurance of having access to legal counsel who will advise you at every stage of your case. We know that charges for fraud and tax offences can be damaging to business and personal reputations. That’s why we will do everything we can to clear you of wrongdoing or minimise any action against you.
We’re committed to defending your legal rights and protecting individuals and businesses, ensuring that you’re treated fairly throughout your case. When you need us most, we’ll be there to offer sound, sensible legal advice and sure guidance.
Get in touch with Cartwright King’s Business Crime Team for specialist legal advice and assistance.
When you need us most.
When Should You Contact Our Fraud Solicitors
Our Fraud Solicitors are able to offer advice and legal guidance to anyone who has received notice that they are being investigated for fraudulent activity. If you have received any of the following, it is paramount that you arrange legal representation:
- Notice you are under investigation
- Received a freezing order, restraint or production order
- Undergone a dawn raid
- Invited to a police interview under caution
- Faced with criminal prosecution
During these stressful times, we can help carry the burden of your ordeal. Our Fraud Solicitors can help you understand the processes you face and how best to proceed.
The different types of solicitors
Our Tax Investigation and Fraud Solicitors have many different types of fraud they can support individuals and businesses with.
Advance Fee Fraud
Advance Fee Fraud covers instances where customers are asked to pay for goods or services upfront, believing there is a financial benefit to this process. But, when it comes to the receipt of these paid-for goods or services, they never materialise. Our Fraud Solicitors can offer legal support to both individuals and businesses who are accused.
Boiler Room Fraud
At Cartwright King, our Fraud Solicitors are also experienced in all cases of boiler room fraud, no matter how complex your case. This type of investment fraud covers cases where shares have been sold on significantly overpriced, where in reality these shares are worthless or non-existent. It is common for boiler room fraud to stem from cold callers promising extremely high returns that seem ‘too good to be true.’
Carousel Fraud, also known as VAT Fraud or Missing Trader Intra Community Fraud (MTIC), covers instances where goods have been imported from EU countries. Often involving technical products such as mobile phones, Carousel Fraud cases identify cases where products have been purchased VAT-free but are sold at VAT-inclusive prices. The initial provider of the VAT-free products then vanishes, without paying the missing VAT to HMRC.
VAT Fraud cases are often complex, with many honest people getting innocently caught up along the way. Whether your business has become unknowingly involved or is faced with criminal proceedings, our Fraud Solicitors can help you.
Charity Fraud involves using deception to encourage others to make a donation, where these funds are instead embezzled and used dishonestly. Our Fraud Solicitors are able to represent you in these cases whether you are a trustee or employee, or whether you have been charged with internal or external fraudulent activity.
Internal charges include misusing charity credit cards, keeping donations and inaccurately recording expenses. Whereas, external charges are posed on those who have defrauded a charity to which they have no connection, including using identity fraud to withdraw money from a charity.
Counterfeiting and Forgery
Counterfeiting and Forgery cases can range from faking particular documents, including land registration paperwork and passports to juridical documentation. Under acts, such as the Forgery and Counterfeiting Act 1981 and the Identity Documents Act 2010, businesses and individuals can be held accountable for their illicit actions. Our Fraud Solicitors have a wide understanding of the legislature under this type of fraud and can, therefore, offer thorough legal advice and representation.
Credit Card and Debit Card Fraud
Our Fraud Solicitors have a wealth of experience countering accusations of credit and debit card fraud. These cases can be extremely complex, especially when charges are brought. The prosecution team must provide evidence to suggest that actions have been carried out with criminal intent. However, this evidence must be admissible in court and collated via proper channels.
Diversion Fraud is often an extremely damaging accusation that is categorised into inward and outward excise fraud. Regardless of which you are accused of, our Fraud Solicitors have the knowledge and experience to provide this specialist service.
Outward Diversion Fraud refers to cases where goods that are being transported to a UK-based warehouse, ready for outward exportation to the EU, are illegally retained in the UK market. These products are transported under duty suspension, requiring the involvement of hauliers, distributors, vendors and warehouse workers. The process involves forged documents including accompanying administrative documents (AAD) and consignment notes, falsifying that the goods reached their intended destination.
Inward Diversion Fraud, however, refers to goods that have been duty suspended during their importation from an EU warehouse, supposedly intended for a UK warehouse. The goods will be checked on the route and, to be imported, will require the AAD paperwork to match the intended warehouse. When these documents do not marry up, the consignment is diverted to the UK market despite the outstanding excise payment. Forged warehouse stamps will then be applied to cover the tracks.
Cases of fraud that fall under False Accounting are covered in the Theft Act 1968, Section 17. These offences include accounts that have been intentionally falsified, altered or inaccurately recorded, looking to provide deceptive records. Our Fraud Solicitors are able to advise businesses and individuals that face these allegations. Whether you are based in a large organisation or a smaller, family-run company, we have the expertise to represent you.
Fraudulent investment schemes promise their investors lavish returns in short periods of time; however, often they are repaid with money from other investors or their own case. Common cases of investment fraud involve Ponzi or pyramid investments, and high-yield and land banking schemes. All regulated investment opportunities must comply with the Financial Services and Market At 2000, regulated by the Financial Conduct Authority. If you have been accused of running one of these fraudulent investment schemes, Cartwright King can offer comprehensive protection from our Fraud Solicitors.
Fraud Against a Financial Institution
Banks and financial institutions can make allegations against businesses if they suspect fraudulent activity. In these instances, a business can find itself under police investigation and being invited for voluntary interviews, as well as those under caution. Legal representation is a must in these circumstances. Fortunately, at Cartwright King, we have the expertise to advise you through these allegations of fraud.
Income Tax Fraud
Cases involving Income Tax Fraud can quickly become extremely complex and, therefore, require the knowledge of specialist Fraud Solicitors. At Cartwright King, our team of lawyers comprises solicitors, accountants, computer forensic experts and electronic evidence experts, allowing us to advise you regarding your allegations. Our experience allows us to identify the limits of HM Revenue and Customs (HMRC) limits, protecting you from disclosing particular information.
Insider Dealing and Market Abuse
Experienced and highly skilled Fraud Solicitors are required to present a robust case against Insider Dealing and Market Abuse. This type of fraud is particularly serious, with prison sentences and unlimited fines possible. Disclosing inside information about a business and’ tipping off’ unauthorised individuals can result in others trading off your advice. Regardless of how complex your allegations are, we can provide you with strong legal advice to formulate your strong defence.
Insurance and Benefits Fraud
If you need to defend the chargers of insurance and benefit fraud, Cartwright King Fraud Solicitors can provide you with experienced legal representation. These types of fraud can vary significantly from false claims to receiving insurance payouts to collections of benefits you are not entitled to. If your business has become caught up in either insurance or benefits fraud, we can guide you through the entire case, working to achieve the most favourable conclusion.
Mortgage fraud presents itself in misrepresentations of finances, embellishment of job roles, inflation of salaries, disguising unfavourable credit history and hiding debt. It is common amongst those who are struggling to get a footing on the property ladder; however, many businesses are also accused of mortgage fraud.
Mortgage fraud is extremely serious, with prison sentences possible for those found guilty. During such cases, our Fraud Solicitors have the expertise and in-depth understanding to provide you with high-quality legal support.
If your business is faced with a complaint by a member of staff or Pensions Regulator, our Corporate and Financial Crime Lawyers can assist and support you throughout your Pensions Fraud case. Whether your complaint is regarding a failure to comply with legislation or an investigation for evidence of a criminal offence, we can provide you with a robust defence.
Conspiracy to Defraud and Conspiracy to Commit Fraud
If you or a business have been alleged to have committed fraud, the police can investigate under conspiracy to defraud or conspiracy to commit fraud. Conspiracy to defraud is a common-law offence with no specific definition. Instead, the term can be applied to a wide variety of allegations and, for each case, the specifics of what it meant will be considered by the case law.
Whereas conspiracy to commit fraud, is outlined in the Criminal law Act 1997 and the main three offences include fraud by representation, failure to disclose all information and abuse of a position. Regardless of the overarching reason for legal proceedings, legal representation is a necessity.
The Penalties For Committing Fraud
Accusations of fraud resulting in police involvement and legal proceedings are incredibly serious. The penalties associated with committing fraud can vary from fines and community orders to lengthy prison sentences, 10 years for a guilty verdict to conspiracy to defraud. The severity of the punishment will depend on certain factors, these include:
- Was the operation planned or premeditated?
- What was the damage caused?
- How long have these fraudulent activities been going on?
- Were there attempts to dispose of or conceal evidence?
- Do these actions link to larger-scale organised crime?
A court will also consider an individual or business’s cooperation, whether money gained through fraud has been returned and if there is evidence to show the behaviour stopped before police involvement before deciding on the penalty.
Why work with Cartwright King’s Fraud Solicitors?
Our reputation for defending individuals and businesses against fraud and tax allegations stretches across the UK – we have been accredited as a trusted, resourceful Legal 500 top tier law firm. As our client, you benefit from the right advice and tenacious representation, which is the difference when it comes to a successful outcome for your case.
We listen, we understand and we genuinely care about keeping you or your business out of trouble. That’s why we offer sound, honest, reliable legal advice to ensure that you understand your rights when facing allegations of fraud or tax violations.
Cartwright King can defend you, giving you peace of mind that your case is in good hands. Our Fraud Solicitors offer a representation against a wide range of offences, from complex, high-value business crime-fraud cases, tax evasion, VHCC (Very High-Cost Cases) arrangements, criminal fraud cases and money laundering.
Offering fraud defence services representing individuals, directors, partnerships and limited companies, spanning a wide range of industries. Our Fraud Solicitors come highly recommended and have been involved with some of the most high profile cases that have been prosecuted by HMRC, the Crown Prosecution Service, the Financial Services Authority and the Serious Fraud Office.
We're here for you.
Frequently asked questions.
What is a HMRC Tax Investigation?
HMRC has the right to investigate you at any point to ensure that you are paying the right amount of tax. They may want to look into a number of areas of your business, including:
- The tax you pay
- Your accounts and tax calculations
- Your Self Assessment tax return for a given year
- Your company Tax Return
- Your PAYE records and returns if you are an employer
- Your VAT returns and records if you are VAT-registered
It is worth noting that businesses often targeted by HMRC include construction, restaurants, doctors and dentists, and buy-to-lets. They are now looking at private security, property rentals, and specifically in the Midlands have special teams investigating the used motor trade, and those with hidden wealth.
What is the Financial Conduct Authority (FCA)?
The Financial Conduct Authority (FCA) was founded in 2013 and is an independent financial regulatory body. The FCA’s sole responsibility is to regulate financial firms by providing its services to consumers, while ensuring that the overall standards of the UK’s financial markets are maintained.
More specifically, the FCA focuses on the conduct of retail and wholesale financial services firms.
If certain standards are not met, the FCA has the authority to investigate both organisations and individuals. Once the investigation has taken place, they have the power to order firms to retract or modify promotions which are deemed to be misleading and ban financial products for up to a year and potentially indefinitely.
What is cyber crime?
Cyber crime is an umbrella term for a number of different offences. It refers to crimes that either take place online or where technology is used for, or is the target of, an attack.
The internet has facilitated the rise of computer-based crime, making it one of the fastest growing criminal activities in the UK. Cyber crime is acknowledged as a major international issue.
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