Fraud is a type of criminal activity. It can be an abuse of position, a false representation for another’s financial advantage or apply to prejudicing someone’s rights for personal gain. We most commonly prosecute using the Fraud Act 2006, which was created to make fraud prosecutions easier and more successful.
There are lots of different types of fraud. Investment frauds target individuals. The fraudsters use convincing arguments to make people part with their savings. These types of fraudsters usually want you to invest your money in a company or an opportunity which seems to be offering very high rates of return. Fraud occurring within an organisation is known as corporate fraud. This involves deliberate dishonesty to deceive the public, investors or lending companies, usually resulting in financial gain to the criminals or organisation. Public sector fraud is where criminals seek to exploit government grant and compensation schemes for their personal gain. Because this type of fraud involves stealing public money, it affects all taxpayers. The criminals produce fake documents and applications to deliberately deceive and exploit certain schemes which are there to help genuine applicants.
Edmonds Marshall McMahon deals with serious fraud. Some examples of this are as follows:
- fraud in joint venture contracts, such as the dishonest re-routing of a percentage of joint venture funds to one party (internationally and in the UK);
- fraud in commercial contracts with banks and financial institutions;
- theft, fraud, dishonesty or money laundering in relation to solicitors, accountants, and other professionals who have abused their position;
- any type of fraud or false misrepresentation in a business, employment or financial context which has resulted in loss to a company or individual;
- loan, insurance and mortgage fraud;
- data theft by ex-employees or current employees; and
- internal fraud within a company.
When a fraud is committed against a company, private prosecutions can have a significant deterrent effect. A private prosecution sends a clear message to a potential fraudster that a company defrauded will take robust and decisive action. As a firm experienced in bringing prosecutions on behalf of companies, we are fully aware of the commercial and reputational considerations of concern to a company. We frequently advise on the best way to address these concerns.
As highly experienced prosecutors, Edmonds Marshall McMahon is well versed in making clear and rapid decisions, based on knowledge and experience of what can be proved and how much needs to be proved for a successful case. Edmonds Marshall McMahon also advise on the benefits of applying for restraint and confiscation orders, have significant experience in obtaining orders and robustly enforcing any orders made by the court.
We commonly advise individuals in relation to all criminal matters. Frequently, clients require a second opinion, or prefer not to wait for police or CPS assistance. We frequently advise on evidence, charges and chances of success. We often prepare and submit evidential bundles to the police, or help our clients build a strong evidential case in order to start a private prosecution. We pursue all our cases with unparalleled determination and vigour.
Our experience, expertise, extensive knowledge and contacts throughout the criminal justice system, police and private agencies have earned us significant reputations in our fields, and means we can offer you an all-encompassing service, from advice and investigation through to criminal proceedings and subsequent confiscation and enforcement.