Serious Fraud

Avisons, Fraud Department was established to ensure that clients accused of complex and serious cases had access to the best representation to ensure they are given the best opportunity to present their case and obtain a fair trial. Our team of solicitors are equipped with the resources and experience necessary to provide the highest standard of representation.

Fraud cases usually contain large volumes of paperwork, requiring a number of experts from different areas to ensure that no stone is left unturned. Avisons have access to some of the most experienced forensic accountants and experts from various other backgrounds to ensure that you receive the representation that you deserve.

Fraud cases can be brought by the Police, Banking institutions and Her Majesty’s Revenue & Customs with some of the most serious fraud cases being brought by the Serious Fraud Office (SFO). Avisons have successfully defended against all these and other organisations.

Money Laundering

Money laundering is simply the way in which money made from illegal activities is disguised, most often by it being passed through a number of legitimate businesses or individuals. Individuals or businesses handling such money can easily fall foul of the legislation and need legal advice as early as possible. In a lot of cases the individuals involved are not even aware that they are being used to launder the proceeds of crime and it is therefore even more concerning when the authorities arrive and start to question you.

The legislation that governs money laundering is the Proceeds of Crime Act 2002. This legislation demands that individuals and businesses, particularly those in regulated sectors such as legal advisers and accountants must have strict and properly defined operational procedures and systems to ensure that they are not acting in a manner which is in contrary to the legislation.

The legislation itself has been described as draconian due to the far-reaching effects that it can have on you and your family. It is therefore imperative that if you find yourself facing these charges that you contact one of our experts without delay.

HMRC & Tax Investigations

A tax investigation by HMRC can have a devastating effect on your personal and business life. If the issues are serious you could find yourself facing criminal charges in addition to a civil tax investigation. In some cases, you may find that all your assets are ‘frozen’ including your bank accounts. This can be a very worrying time. Our expertise in this area will mean that we are best placed to give you valuable advice and assistance to minimise the disruption to your life. If the investigation has an international aspect, we can also assist you with that as we have experience in dealing with international tax investigations spanning different countries.

Banking & Mortgage Fraud

Mortgage fraud is the act of misleading a lender about a material aspect of the property or some other detail in order to obtain the loan. Typically, there are two main types of mortgage fraud:

False representation – which involves making false statements for gain that may cause harm to others

Failing to disclose information – when filling out a mortgage you are under a legal obligation to disclose all relevant information. If you fail to do so for gain or to cause loss for another, this is a crime

Often applications are completed using a lackadaisical approach where important detail is either missed or not provided properly. If investigated, this can have potentially devastating effect as not only can you be arrested and face a custodial sentence if convicted, but family members can also lose the benefit of any property that may have been gained by the accidental or deliberate misrepresentation.

It is therefore pivotal that you are represented by a Solicitor who is not only experienced in dealing with matters of this type but also understands and is able to assist with the impact that this will have on your loved ones.

Diversion Fraud

This type of fraud, whether inward or outward can cost the HMRC millions in lost revenue, therefore prosecuting Diversion fraud is always a priority for HMRC and other prosecuting authorities. Diversion fraud can relate to the import and export of prohibited goods. When coming into the UK, goods are imported without duty being paid and false documentation is usually used to hide the true identity of the goods being brought in.

Diversion fraud may involve forgery if there is a counterfeit UK warehouse stamp on the Accompanying Administrative Document (ADD) or the haulier’s Convention Marchandises Routiers (CMR) certificate, which is used as evidence that exported products have been delivered to an overseas warehouse.

Avisons has significant experience in dealing with cases of Diversion fraud involving dutiable goods such as wines, spirits and tobacco. We also represent defendants accused of the importation of prohibited products and have represented clients involved in a number of cases where there was an international connection.

Those who can become embroiled in such allegations are not only the owner of the goods, but also the transportation companies and the employees involved in the movement of goods. It is imperative that the Solicitor who represents you in this type of matter is aware of precisely which strategy to implement from the outset to ensure that you have the best opportunity of succeeding in defending the allegations.

Cyber Fraud

There has been a rapid increase in Cyber fraud as advanced technologies allow for more sophisticated ways to commit criminal activity, which are not easy to detect or to trace. Most of these crimes are committed over the internet using virtual private networks whereby the location and the identity of the individuals involved is usually hidden and often rerouted via various different international locations. Cases of this nature can be incredibly complex and contain an international aspect, so creating a strong defence to help you get the best possible outcome requires specialist knowledge and expertise.

When the Police do locate and arrest you it is usually because they have located a computer which is linked to you, that has been used to perform the crime. This would be an illegal act such as hacking, spamming, phishing or deploying viruses.

Or alternatively they have connected you to a computer which has been found to contain indecent images, illegal downloads, or some other illegal data.

The law in this area is forever changing as the authorities try and keep up with those who are committing these crimes. A Cyber crime can be committed inadvertently as the law complex and difficult to understand.

If you have been invited to attend the Police Station or have been arrested it is vital that you have a representative who is familiar with this area of law and is able to represent you in the best possible way from the outset of the matter.