Fraud is an act of deception of a personal gain. It is one of the largest areas within crimes of dishonesty and there are many different types of fraud. If you are facing allegations of fraud you may be looking at serious consequences. Contact a fraud defence lawyer today.
How does it occur?
It can take many forms and involves deceptively taking property or money from a person with the owner’s consent. Fraud occurs when a person makes a pretence that they know to be false with the intention of deceiving the victim into acting in a manner in which they would not otherwise have acted, for example, part with valuables as a result. In Scotland, it is mainly a common law issue and many statutory offences including:
- Common law fraud
- Uttering (presenting something as genuine when it is in fact a forgery)
- Statutory frauds
The Police Service of Scotland investigates frauds committed in Scotland. Specialist units within each region deal with these complex cases. In the event of Serious Fraud Offences (SFO), the ministerial head of the Crown Office and Procurator Fiscal Service (COPFS) may exercise certain powers requiring a person to answer questions and provide information. Allegations can be very complex, and the evidence can be very voluminous and can date back many years. Therefore, It is important to contact a fraud defence lawyer immediately.
Prosecution in Scotland
Only the COPFS has the prosecuting authority in Scotland. Most cases are dealt with by the local Procurator Fiscal. Fraud is a serious crime; therefore, a Serious and Organised Crime Division which includes an Economic Crime Unit for the most serious cases has been created. This unit has dealt with high profile fraud and insurance crime-related offences. If you are the target of accusations then contact a fraud defence lawyer at Graham Walker Solicitors. When the nature of the crime has been analysed with the evidence available to the prosecutor, you may receive either:
- Summary complaint:
- Used for less serious offences
- Heard by the Sheriff Court without a jury
- Maximum imprisonment = 12 months
- And/or a fine
- An indictment:
- Used for more serious offences
- Heard by the Sheriff court and a jury or the High Court.
- At the Sheriff Court, punishment can be an unlimited fine and up to 5 years imprisonment.
- The high court can give out a life sentence to individuals.
Fraud defence lawyer
Our fraud defence solicitors have great experience in the field of fraud and have been involved in some of Scotland’s most lengthy and complex cases. If you have been accused of fraud, it is important to contact us straight away, and our dedicated team of lawyers will jump into action and assist you in achieving the best possible result.
In cases of fraud, there is very often a great deal of work to be done by lawyers which include the gathering of information stretching back many years, such as bank records and other financial information. Our fraud defence solicitors pride themselves on their meticulous preparation of such cases and attention to detail.
Legal aid Scotland for a fraud lawyer
Legal aid is automatically given to you when you are interviewed at a Police Station. Depending on the offence you may be entitled to legal aid for court appearances and trial. Contact us today if you have any questions about your case and how you may be entitled to legal aid. Get the best fraud lawyers to represent you. Call Graham Walker Solicitors today.
Many thanks to Charles Sharkey and Matthew Berlow for taking on and winning a very complex fraud allegation which involved the practice sifting through business documents created over a ten year period. Previous solicitors gave up because of the magnitude of the work. Charles stuck with the task and imparted great professional advice and performed modestly and professionally in court and achieved the just result. Can't heap enough praise. Absolute professionals.