If you have been the victim of or been accused of criminal fraud, then you need to find the right solicitor to represent you. By searching through Solicitors Guru, you will ascertain the most experienced criminal fraud solicitors in your area. (more...)
The Fraud Act 2006
In England, Wales and Northern Ireland, people can be prosecuted for fraud under the Fraud Act 2006.
Fraud can be committed in three different ways:
- by false representation
- by failing to disclose information when there is a legal duty to do so
- by abusing a position
For each offence, the defendant's conduct must be dishonest, the Ghosh test applies, and his or her intention must be to make a gain, or cause a loss or the risk of a loss to another. Crucially, no gain or loss actually needs to have been made for fraud to occur.
The Ghosh test
The Ghosh test is a two-part of test of whether the defendant’s behaviour is considered dishonest by ordinary people, and if so, whether defendant realised that ordinary people thought that way.
Penalty for fraud
The maximum penalty following conviction in the Crown Court is a sentence of 10 years' imprisonment for the offences of fraud by false representation, fraud by abuse of position and fraud by failure to disclose information. In the Magistrates Court the maximum penalty for these offences is a term of imprisonment of 12 months or a fine not exceeding the statutory maximum or both.
Serious offences require seriously good legal representation
If you are accused of fraud, or you are the victim of fraudulent behaviour and require legal advice on how to recoup your losses, then search through our database of carefully selected legal experts in the field of criminal fraud. By reading through the reviews you will get a feel for whether the firm you select will be the right one to represent you.
Start searching for a criminal fraud solicitor today.