Fraud and Financial Crime

The investigation of fraud or alleged offences related to financial activity can be a lengthy and complicated process. It may involve the police obtaining material from banks or other third parties and, in the modern world, resources are limited. This can lead to substantial delays which can cause prejudice. Our clients instruct us when they need expert intervention in this process.

What is fraud and financial crime?

The Fraud Act 2006 was designed to consolidate previous legislation and codify offences generically described as ‘fraudulent’. The reality is that there is a whole raft of legislation which creates offences which could be described as financial crime. The Proceeds of Crime Act 2002, for example, created new money laundering offences and provides the blueprint for the recovery of the alleged proceeds of criminality in both the civil and criminal jurisdictions.

What will happen if I am accused of fraud or financial crime?

The police, or other investigating agency, are likely to wish to interview you under caution. Please see our guide to police investigations and interviews for more information about this [LINK]. It is possible that the police may seek an Account Freezing Order to suspend the operation of your bank account [LINK to AFO and Restraint Order page]. They could seek disclosure orders from banks and other financial institutions to get information about certain transactions. The unfortunate consequence of this is that it causes delay.

What will happen after I am interviewed?

You are likely to be released ‘under investigation’ whilst the police continue with their enquiries. It is unlikely that you would be placed on police bail for an allegation of this nature because of the strict time constraints imposed on the police in those circumstances. The length of the investigation will be dictated by the evidence that is required and the resources available to the police.

Is there anything I can do to speed up the process?

Technically, there are no time constraints on the police investigation of fraud and financial crime. All such offences require proof of dishonesty and hence are not classified as ‘summary only’ where statutory time limits apply. Nevertheless, there are important safeguards regarding the retention of property and the need for expedition where court orders are in force for example. Please contact us if you would like to discuss this.

Why instruct Brett Wilson LLP?

Our London based team of fraud solicitors is listed in Chambers and Partners and the Legal 500 as a leading firm in the field of financial crime. Brett Wilson LLP’s fraud and financial crime team is headed up by Nick Brett, who is ranked as a leading individual in both directories. We are frequently instructed by corporates, professionals and high net worth individuals who prioritise the protection of their reputation and require expert help with a police investigation or prosecution. Our specialist fraud solicitors have extensive experience in providing legal advice & representation for those prosecuted by the serious fraud office or other authorities and have a proven track record defending cases.

How do I Instruct Brett Wilson LLP?

You should contact one of our team to discuss your case and arrange a preliminary consultation.  At the consultation we will advise you on the investigation, talk through the relevant practical and legal issues, and set out your options.  We will review relevant documentation ahead of the consultation.  The consultation will help you understand your position and allow you to make an informed decision about what action to take.  We will provide you with details of our fee structure.

Consultations take place in our London offices or by Skype/telephone.  We can also travel to you.

To request a consultation please send us an email, complete our online enquiry form or call us on 020 7183 8950.  If emailing or using the online form, please provide a short outline of your situation.

Details of the cost of a consultation will be provided following your enquiry.