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How to Choose a Business Fraud Solicitor

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Posted in: News
Date published: 07/07/2020

What is business fraud?

Like individuals, businesses can become victims of fraud (dishonest and illegal activity carried out by a person, persons or another business for financial gain.)

Business fraud often operates under the guise of legitimate business activity and takes place over long periods of time. It can also take place in many different forms; ranging from simple, petty and relatively low-value to complex, serious and high-stakes, involving losses that can run into millions or even billions of GBP.

What are the different types of business fraud?

There are countless examples of what legally contents business or corporate fraud. 

Small-scale, relatively low-value business fraud might involve:

  • Online scams and phishing designed to make companies divulge sensitive data (like banking details.)
  • Company records, employee personal data and financial information being stolen for criminal purposes (this could be carried out by activity as simple as rifling office bins for discarded paperwork.)
  • Goods being ordered with bogus details or stolen credit cards.
  • Items being replaced with counterfeit / dummy products before being returned to a company for a refund.
  • Employees with access to company money or ordering systems taking funds or making purchases without authorization. 
  • Website traffic being deliberately diverted to a bogus site with a similar address. 

Examples of more serious, ‘White Collar’ business fraud include:  

  • Taxation fraud (such as claiming false deductions, claiming personal expenses as business expenses, using a false National Insurance number, VAT fraud, not reporting income and failing to pay duty on items like alcohol and cigarettes.)
  • Human trafficking.
  • Crypto-currency fraud.
  • Money laundering.
  • Insider dealing.
  • Sophisticated computer hacking. 
  • Health and safety offences.
  • Breaches of environmental law. 

I’m being investigated for business fraud. What should I do? 

If you have reason to believe you may be questioned by HMRC, the police or any other prosecution authority regarding business fraud, you should contact a specialist solicitor immediately in order to maximize your chances of securing a favorite outcome for any investigations.

Our world-class team of business fraud solicitors can attend interviews, advise on next steps or simply offer support and reassurance at this difficult time and unpredictable time. 

I’ve been arrested for business fraud. What happens now?

Whether you have been arrested for a one-off instance of petty business fraud or for more serious, complex and long-standing corporate criminal activities, it’s vital to get advice from a specialist solicitor as early in the proceedings as possible – preferably before you have been charged with an offence. Acting early is critical, as it could mean the difference between your case being settled out of court and lengthy, expensive and both personally and professionally damaging criminal proceedings which might result in a hefty fine, criminal record or prison term. 

If you’ve been notified that you’re under investigation for business fraud, or if you’ve been accused of or arrested for a corporate crime, IMD Solicitors can talk you through what’s likely to happen next, along with helping you explore your options for defending the accusations made against you. 

Dealing with a business fraud arrest or investigation can be extremely stressful and complicated, with far-reaching implications not just for you but for your colleagues, staff and loved ones. An experienced specialist Business Fraud Solicitor will endeavor to provide advice at every step of the way – liaising with the police, HMRC or other authorities on your behalf, taking as much of the stress and worry away from you as possible. 

What are confiscation proceedings?

When it’s suspected that an individual or linked individuals from the same company have committed a ‘Lifestyle Offence,’ it’s possible for the police of serious fraud squad to confiscate high-value items and freeze assets like bank accounts while investigations or criminal proceedings take place. 

A ‘Lifestyle Offense’ is considered to be conduct forming a course of criminal activity and / or an offense committed over a period of at least six months that the defendant has benefited from (such as money laundering, tax evasion or pension fraud.)

You must engage a solicitor with the knowledge and experience needed to advise on the particulars of confiscation issues, in order to quickly and decisively protect your personal and business assets from seizure. Waiting to act, or engaging inexperienced counsel, can often result in restrictions being imposed that can severely impact your life and the lives of your loved ones. 

What should I look for in a business fraud solicitor?

Many UK law firms provide specialist representation for individuals or companies facing corporate fraud accusations or charges. Though it may be tempting to seek counsel from a local firm, there are other considerations that should be taken into account when hiring a corporate fraud solicitor, in order to secure the best possible outcome for your case. 

Availability and ease of access

If you’re already been arrested on suspicion of committing business fraud, you may need advice and support at any time of the day or night. Unfortunately, even some of the larger UK law firms that provide representation in this field operate during standard, 9-5 business hours – leaving many clients unable to access vital support when needed. 

IMD provide a 24-hour service, seven days a week, with a specialist business fraud solicitor on-hand to represent your interests, no matter the severity of the allegations made against you or the circumstances of the charge. 

Ability to travel

Wherever in the world you are, an accusation of business fraud is a stressful experience that will leave you and your colleagues, family and friends with many questions about what happens next and how best to protect and defend your personal and professional reputation along with guarding your assets during an investigation.  

At IMD, we believe that nobody should have to settle for the nearest solicitor when specialist business fraud representation is available. That’s why we’ll travel to meet you if you’re arrested or accused of business fraud, wherever in the world you might be.  

International expertise

Along with assisting British speaking individuals and businesses abroad, IMD solicitors can represent people of all nationalities and provide counsel in a large number of languages. Our specialist business fraud team consists of Polish, Russian, Ukranian, Lithuanian and Spanish speaking solicitors, and a relevant translator can always be provided – so language should never be a barrier to excellent representation in your business fraud case. 

Relevant experience

If you need to engage a business fraud solicitor, look for a law companies that can demonstrate a broad range of experience with this type of criminal case. Business fraud has a wide remit, and you should be confident that your solicitor is skilled and experienced in dealing with the complexities of a serious, high profile or high-value business fraud case.

At IMD, our team has worked with a full spectrum of business fraud clients, from individuals accused of petty offences to high-profile Company Directors facing multi-million- or billion-pound tax fraud or money laundering allegations. 

Whether accusations are trivial or serious, we pride ourselves on a customer-centric service that comprehensively covers all aspects of defending a business fraud allegation, from initial contact at point of arrest to preparing for criminal proceedings, should your case go to court. 

What types of business fraud to IMD handle? 

At IMD, we’re not restricted to representing only one type of business fraud client. Instead, our team are equipped to deal with the full spectrum of corporate criminal activity, including:

White Collar Crime (serious and complex fraud that might include banking fraud, charity fraud, counterfeiting, credit card fraud, income tax fraud, identity fraud, insider dealing, pension fraud, copyright fraud, etc.

  • Cyber ​​Crime.
  • Tax disputes and Inland Revenue investigations.
  • Financial Conduct Authority (FCA) Investigations.
  • Serious Fraud Office (SFO) investigations.
  • GDPR and Data Protection offenses.

Whatever the nature of the business fraud allegation, our team will be happy to represent you should you require specialist advice and support. 

Why should I choose IMD solicitors to defend my business fraud case?

At IMD solicitors, our full-service offering sees us representing local, national and international individuals and companies defending themselves against all types of business fraud. Many of these are high-profile, serious and complex cases.

Our team can advise and advocate for you from the very outset of a business fraud inquiry, in an effort to have matters resolved without the need for lengthy, protracted, expensive and uncertain court proceedings. This involves providing detailed pre-charge advice, skilled negotiation and representation during the interview process before any criminal charges are pressed. 

We act for defendants at every level of the criminal court system and defend allegations brought by all of the main prosecuting agencies in serious crime and fraud, including the Serious Fraud Office, HM Revenue and Customs, the complex case units of the CPS and the serious and economic crime units of the police. As a firm, we have represented both businesses and individuals facing allegations of white-collar crime, including investment fraud, mortage fraud, banking fraud, tax fraud and more.

Our experienced team can also help you protect yourself and your business from spurious allegations of business fraud.

How can I get in touch with an expert business fraud solicitor at IMD?

For further information, please contact Brian Mason on 0330 107 0106  or email b.mason@imd.co.uk .

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

Published by:

Marcin DurlakManaging Partner

Business Services – IMD Corporate

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