With suspected fraud you need to act fast, especially with employee or business fraud. David Rosen, our head of litigation, supported by the litigation team, is an accredited and experienced fraud solicitor and has acted for both claimants and defendants in civil fraud trials and for defendants in criminal fraud trials.
Our fraud solicitors have considerable expertise pursuing and defending any type of fraud related claim, including:
Contact us if you need expert advice and assistance on any fraud related issue or legal concern.
False accounting is a business crime – it’s dishonest altering, destroying, hiding, or fabricating of accounts records with a view to gain for oneself, or cause loss to another. It also includes providing misleading or deceptive documents, or omitting relevant documents when accounts information is requested.
Someone involved in making an entry in an account which could be misleading, false or deceptive in a a significant way, or who leaves out something relevant from an account or other document, is treated as having falsified the document (or account).
A record or account does not have to be a document. A turnstile meter at a football stadium and a taxi meter may be records. A document or record need not be an account, as long as it has an accounting purpose. Loan proposal forms, for example, could be considered accounts.
Falsification can include the preparation of false accounts as well as the alteration of existing ones, and this is often a feature of false accounting cases.
The omission of material information from an account or equivalent can amount to falsification. So an employee whose task it is to record transactions, such as a till operator, may commit the offence. It is always necessary that the records were omitted dishonestly.
There are many types of fraud that fall under this group of activities. A basic version can be an employee who charges out work as if to a third party contractor when in fact he or she is doing the work himself or getting a friend to do it in exchange for a slice of the proceeds.
The more complex end of the scale includes business crime situations where a consultant or employee of a large organisation such as a branch of government or a large company is involved in the outsourcing of work to a company in which he has an interest, or to people who will provide a kickback.
Either way, the principle is that a person with a duty to the organisation he or she is working for dishonestly and for personal gain refers business in conflict with that person’s duties.
We are regularly instructed by clients for advice on fraud prevention – our lawyers deal with cases where fraud has occurred we are well placed to advise clients how to stop it, minimise the risk, spot the potential warning signs of fraud and make a potential fraudster think twice. Get in touch to discuss how we can assist you.
If your business has a suspected fraud issue, it is vital that you get advice from experienced fraud lawyers as soon as possible. Contacting lawyers may not be your first thought but there are many reasons why it’s important to involve lawyers at an early stage, including :-
Fraud at work is a serious problem and as employer, you want to minimise the risks of course, but you must also keep in mind employment law. You may be good at spotting possible changes of behaviour by your staff and suspect a member of staff of fraud, but you must be careful.
Employees have rights to privacy and it’s unlawful and possibly illegal to monitor staff without their knowledge. If you catch an employee “red handed” with a business crime impacting your business, it is extremely tempting and understandable to feel so angry that you want to dismiss them on the spot.
However, you must be mindful of the employee’s rights to fair process otherwise you may find yourself with an unfair dismissal or discrimination claim, as obscene as that may seem.
Our fraud solicitors can advise and assist on how to deal with lawful monitoring or surveillance of employees, vetting staff before you employ them. with employment investigations where fraud is suspected and ensuring that you deal with fraud at work in the right way as employer.