Fraud by False Representation UK

Fraud by false representation means when a person dishonestly makes a false or misleading statement to make a financial gain or cause financial loss to another person. The false statement can be made explicitly (spoken or written) or implicitly (through actions or conduct).

Fraud by false representation is a criminal offense in the UK and is subject to significant fines and penalties.

At Moeen & Co. Solicitors, our criminal defence solicitors have extensive experience in handling complex fraud cases, including fraud by false representation.

We will explain your legal rights, guide you through the investigation process, build a strong defence, and provide advice on the best course of action.

If facing fraud by false representation allegations, contact our expert criminal defence solicitor at 0203 959 7755 or email info@moeenco.com for legal advice.

Table of Contents

What is Fraud by False Representation?

Fraud by false representation is a serious crime in the UK where someone dishonestly provides false or misleading information to gain or cause financial harm.

Fraud by false representation is a criminal offence in the UK under Section 2 of the Fraud Act 2006 and carries substantial penalties, including fines and imprisonment.

Proving a Case of Fraud Through False Representation

To convict someone of fraud by false representation, the prosecution must prove that the defendant:

• made a false or misleading representation
• acted dishonestly when making the false representation
• knew, or at least believed, the representation was false or misleading
• intended to gain financially or cause financial loss to someone else

Examples of Fraud by False Representation

Fraud by false representation involves dishonestly making a false statement or misrepresentation with the intent to gain financially or cause financial loss to another.

Here are some examples of fraud by false representation:

• Using a stolen/unauthorised credit card for purchases
• Providing false details on loan or mortgage applications
• Selling counterfeit goods, like fake gemstones
• Lying on insurance claims for payouts
• Falsifying income/employment details for credit or aid
• Impersonating someone for financial gain
• Submitting fake documents for immigration or finance
• Misrepresenting property condition in sales/rentals
• Claiming false expenses on tax or business returns
• Running online scams, like phishing or fake investments

Sentence and Penalties for Fraud by False Representation

Being found guilty of fraud by false representation carries significant penalties, including up to a 10-year prison sentence and/or an unlimited fine.

The severity of the sentence depends on aggravating factors such as the amount of money involved, the level of planning, and whether the offender has previous convictions.

If someone is found guilty, they could face severe penalties such as:

• A maximum sentence of up to 10 years' imprisonment.
• Unlimited fines based on the severity of the fraud.
• Community service for smaller financial losses.
• Confiscation of assets or a compensation order to repay victims.

If you're accused of fraud by false representation, contact our fraud defence solicitor in London at 0203 959 7755 or fill in our contact form for expert advice.

Aggravating Factors Affecting Sentencing

Aggravating factors increase the severity of a sentence by presenting evidence of higher culpability or greater harm caused by the offence.

In cases involving fraud by false representation, courts consider the following:

• The amount of financial loss caused by the fraud.
• The level of planning and sophistication involved.
• Whether the victim was vulnerable, such as elderly or disabled individuals.
• Any previous fraud convictions.
• Efforts to repay or rectify the fraud.

More significant and well-planned frauds typically receive harsher penalties, while minor cases may result in community service, fines, or suspended sentences.

Where is the Case Heard?

Minor fraud by false representation cases are typically heard in the Magistrates' Court, while more serious cases, which carry higher penalties, are dealt with in the Crown Court.

How Long Does a Fraud Case Take to Resolve?

The timeline depends on the complexity of the case. Minor fraud cases might be solved in a few months, but complex ones could take a year or more.

Defences Against Fraud by False Representation

To be convicted, the prosecution must prove all elements of the offence beyond a reasonable doubt. Possible defences include:

• Lack of dishonesty: The accused thought their statement was true.
• No intent to gain or cause loss: There was no fraudulent motive.
• Honest Mistake or Misunderstanding: The false statement was accidental.
• Lack of evidence: The prosecution can't prove the offense beyond a doubt.
• Duress or Coercion: The accused was forced or threatened into it.

1. Lack of Dishonesty

To convict, the prosecution must show dishonesty. If you believed your statement was true, you might have a defence.

2. No Intention to Gain or Cause Loss

The crime needs intent to gain or cause loss. If you had no such intent, this could be a defence.

3. Honest Mistake or Misunderstanding

An honest mistake, not deliberate deception, might not be fraud. You must show no fraudulent intent.

4. Lack of Evidence

The prosecution must prove everything beyond a doubt. Without enough evidence, the case could be dismissed.

5. Duress or Coercion

If forced to lie by threats, duress could be a defence. You must prove serious and immediate threats.

If accused of fraud by false representation, it is essential to seek legal advice from a criminal defence solicitor as soon as possible as every case is different.

For advice on defending fraud by false representation charges, call our fraud defence solicitors in London at 0203 959 7755 or email info@moeenco.com.

What Should I Do If I Am Accused of Fraud by False Representation?

If you are accused of fraud by false representation, the first step is to contact Moeen & Co. Solicitors at 0203 959 7755 for expert legal advice.

Our criminal defence solicitors will explain your legal rights, advise you on the best course of action, and help you understand the potential consequences of the charges.

If you are accused of fraud by false representation, you should:

• Stay calm and make sure you fully understand the charges
• Seek immediate legal advice from a specialist criminal defence solicitor.
• Do not answer questions from authorities without legal representation.
• Gather relevant documents and financial records to support your defence.
• Do not discuss the details of your case with family, friends, or colleagues, as anything you say could be used against you in court.
• Be cautious with emails, texts, or social media posts that could be misinterpreted or used as evidence.

The Role of Criminal Defence Lawyers in Fraud Cases

If you are accused of fraud by false representation, seeking legal representation from an experienced criminal defence lawyer is key.

Here's how our fraud defence solicitors can provide legal assistance:

• Provide Expert Legal Advice: Clarify charges and legal rights.
• Build a Strong Defence: Analyse evidence and identify weaknesses in the prosecution's case.
• Gather Evidence: Collect supporting documents, witnesses, and expert testimony.
• Challenge Evidence: Dispute the validity of evidence or question its credibility.
• Negotiate Plea Deals: If appropriate, our solicitor can negotiate a plea bargain to reduce charges or penalties.
• Represent in Court: Defend the case during hearings and trials.
• Advocate for the Defendant's Rights: Ensure legal protections are upheld throughout the process.

By offering these legal services, our fraud defence solicitors aim to minimise the impact of fraud charges and protect the defendant's interests.

24/7 Legal Support

An arrest can happen anytime. That's why our criminal defence solicitors are available 24 hours a day, 7 days a week. Our team is always ready to help, ensuring you get fair and professional help from the start.

No matter where you are, our team of specialist fraud defence solicitors based in Hayes, London, offers 24/7 legal advice and representation throughout the UK.

Contact a Solicitor to Defend Against Fraud by False Representation Charges

If you are accused of fraud by false representation, call our fraud defence solicitor in Hayes, London, at 0203 959 7755 or email info@moeenco.com for advice.