Examples of Cases That A Fraud Barrister Handles
There are quite a number of regulations governing fraud crimes and offences, making them very challenging and complex criminal and civil cases for a barrister to handle. This is why anyone accused of committing business fraud should hire a professional fraud barrister who can take an analytic, proactive and rigorous approach to represent the client in the case.
There are several authorities and government agencies that have the power to investigate and prosecute different types of fraud in the UK. They include:
- Serious Organised Crime Agency
- Crown Prosecution Service
- Financial Services Authority
- Her Majesty's Revenue and Customs
- Department for Work and Pensions
- Serious Fraud Office
A person can be prosecuted for committing offences under the Fraud Act of 2006, which include false representation, abuse of a position of power, making or supplying an article, obtaining services dishonestly and dishonestly failing to disclose information. Anyone who possess an article with the intention of using it in fraud can also be prosecuted for fraudulent activities. Other offences include sole proprietors who engage in fraudulent businesses, as well as fraudulent activities in a company.
Examples of criminal fraud cases that a barrister can handle include:
- Bribery and corruption
- Directors' liabilities or directors disqualification
- Offences related to cartels
- Corporate offences
- Confiscation, restraint and asset recovery
- Tax and VAT fraud
- International economic sanctions
- Her Majesty's Revenue and Customs investigations
- Money Laundering
For civil fraud cases, a barrister can handle the following expenses:
- Issues to do with the compliance of the rules and guidelines in the FCA handbook
- Cases related to the Financial Services Compensation Scheme
- Any challenge to the FCA in the upper tribunal
- Any disciplinary cases involving financial regulators
- Challenges involving the judicial review of the Financial Ombudsman Service
Fraud investigations into a business or an individual can range from a visit from a compliance officer, to a warrant allowing officials to search a person's premises. The process depends on the severity of the charges and the type of offence committed. Hiring a professional and experienced fraud barrister could really help the client to get the best possible outcome during a case. He can advise a client on complying with pre-trial investigators, and he can call upon professionals from other industries, such as forensic accountants and financial service experts to assist with a case.
In cases where a client is pursuing or facing civil recovery or criminal confiscation, an experienced lawyer can advise the corporation or professionals on their rights and obligations. He can also advise the clients on how to respond to receivership, restraint or disclosure orders.