Fraud Solicitors.

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Fraud Solicitors

Fraud is a broad area of criminal and regulatory law involving dishonest conduct intended to produce a gain, cause a loss or expose another person or organisation to a risk of loss.

Fraud allegations can concern individuals, directors, employees, businesses, professional advisers and organised criminal groups. Cases may involve large volumes of financial records, electronic communications, banking information and evidence from several countries.

The fraud solicitors listed on Solicitors.com may advise people and businesses under investigation, defendants facing prosecution, companies affected by employee or external fraud and victims seeking to recover losses.

Fraud Under the Fraud Act 2006

The Fraud Act 2006 created a general criminal offence of fraud that can be committed in three principal ways.

Fraud by False Representation

This offence may be committed where a person dishonestly makes a false or misleading representation, knowing that it is or may be false or misleading, and intends to make a gain or cause another person a loss or risk of loss.

A representation may be express or implied and can be made through words, conduct, documents, online communications or computer systems.

Fraud by Failing to Disclose Information

This offence may arise where a person dishonestly fails to disclose information to which they are legally obliged, intending to make a gain or to cause loss or a risk of loss.

Whether a legal duty exists will depend on the relationship, contract, transaction and surrounding circumstances.

Fraud by Abuse of Position

This offence may be committed where a person occupies a position in which they are expected to safeguard another person's financial interests and dishonestly abuses that position.

Examples may involve employees, company directors, trustees, carers, attorneys or professional advisers accused of misusing money, property, information or authority entrusted to them.

When Should You Contact a Fraud Solicitor?

You should obtain specialist advice promptly if you:

• have been arrested or invited to a voluntary interview;


• have received a production order, search warrant or information request;


• are the subject of a police, HMRC, Serious Fraud Office or regulatory investigation;


• have had bank accounts or assets frozen;


• have received a restraint order;


• are accused of money laundering;


• have been charged with fraud or a related offence;


• are a director concerned about company conduct;


• believe an employee or business partner has committed fraud; or


• have suffered financial loss through suspected fraud.

Early advice can help protect legal privilege, preserve evidence and avoid statements or decisions that may damage the case.

Police and Voluntary Interviews

A person questioned under caution is normally entitled to free and independent legal advice at the police station, whether they have been arrested or attend voluntarily.

A fraud solicitor can:

• obtain available information about the allegation;


• advise whether questions should be answered;


• attend the interview;


• prepare a written statement where appropriate;


• challenge unfair or improper questioning; and


• advise on seizure of documents and electronic devices.

Fraud investigations can be complex, and apparently innocent explanations may need to be supported by financial or documentary evidence.

Serious Fraud Office Investigations

The Serious Fraud Office, commonly known as the SFO, investigates and prosecutes a limited number of serious or complex fraud, bribery and corruption cases.

SFO investigations may involve:

• companies and senior executives;


• international transactions;


• large investor or public losses;


• complex accounting evidence;


• overseas evidence and assets;


• bribery and corruption;


• money laundering; and


• proceeds of crime proceedings.

The SFO has compulsory information-gathering powers. A person may be required to answer questions or produce documents, subject to the applicable statutory protections.

Failure to comply with a lawful requirement, destruction of relevant material, or provision of false or misleading information may create additional criminal liability.

HMRC Fraud Investigations

HM Revenue and Customs investigates suspected tax and revenue fraud involving individuals and businesses.

Cases may concern:

• VAT fraud;


• income tax or corporation tax fraud;


• PAYE and payroll fraud;


• customs and excise offences;


• false accounting;


• fraudulent repayment claims;


• offshore income and assets;


• construction industry scheme fraud; and


• cheating the public revenue.

HMRC may pursue a civil investigation, a criminal investigation or both. The correct response will depend on the procedure being used and the seriousness of the suspected conduct.

VAT and Carousel Fraud

Missing trader intra-community fraud, commonly called MTIC or carousel fraud, generally involves moving goods or services through a chain of companies to evade VAT or to make fraudulent repayment claims.

Allegations can affect people who are accused of deliberately participating in the fraud, and businesses said to have known, or had reasonable grounds to suspect, that their transactions were connected to fraud.

Cases may involve:

• mobile phones, electronics or other high-value goods;


• carbon credits or services;


• multiple companies and jurisdictions;


• false invoices;


• missing traders;


• rapid movement of funds; and


• disputed VAT repayments or assessments.

Specialist advice may be required for both criminal proceedings and appeals in the tax tribunals.

Fraudulent Trading

Fraudulent trading may arise where a company's business is carried on with intent to defraud creditors or for another fraudulent purpose.

It may result in criminal proceedings and personal financial liability in insolvency proceedings.

Solicitors may advise directors, liquidators, creditors and companies about:

• the conduct of directors and managers;


• false or misleading financial information;


• payments made when insolvency was anticipated;


• asset transfers;


• credit obtained dishonestly; and


• the distinction between fraudulent and wrongful trading.

False Accounting

False accounting involves dishonest alteration, destruction, concealment or falsification of accounting records, or the use of documents known to be materially misleading.

Allegations may concern:

• false invoices;


• inflated revenue or assets;


• concealed liabilities;


• fictitious customers or transactions;


• manipulated expense claims;


• altered payroll records; or


• misleading accounts supplied to lenders, investors or regulators.

These cases often require detailed forensic accounting evidence.

Advance Fee Fraud

Advance fee fraud occurs where a person is persuaded to pay money in advance for a promised payment, investment, service, prize or opportunity that does not exist or is never delivered.

Examples can include:

• loan fee fraud;


• investment schemes;


• inheritance scams;


• romance fraud;


• recovery fraud targeting previous victims;


• ticket or accommodation scams; and


• fraudulent business opportunities.

Diversion and Payment Fraud

Diversion fraud commonly involves deceiving a business or individual into sending money or goods to a person who is not the intended recipient.

This can include:

• business email compromise;


• invoice redirection fraud;


• impersonation of directors or suppliers;


• changes to bank details;


• interception of conveyancing payments; and


• fraudulent delivery instructions.

Urgent action may be required to contact banks, trace payments, preserve electronic evidence and seek freezing or disclosure orders.

Investment and Pension Fraud

Investment and pension fraud can involve false or misleading claims about returns, security, regulation, risk or the intended use of invested funds.

Cases may concern:

• unregulated investments;


• property or land schemes;


• unauthorised pension liberation;


• collective investment schemes;


• cryptocurrency investments;


• misuse of investor funds;


• boiler-room sales operations; and


• Ponzi-style arrangements.

Solicitors may represent suspects and defendants or advise investors seeking recovery of their losses.

Insurance Fraud

Insurance fraud may involve dishonest claims, staged incidents, exaggerated losses, false documents or deliberate non-disclosure.

Common allegations include:

• staged road traffic collisions;


• fabricated thefts or accidents;


• exaggerated injury claims;


• false statements about ownership or value;


• fraudulent policy applications;


• ghost broking; and


• organised claims involving several participants.

Proceedings may include criminal charges, civil recovery claims and applications for costs or contempt of court.

Mortgage and Property Fraud

Mortgage and property fraud can involve false information or documents used to obtain finance, transfer ownership or redirect sale proceeds.

Examples may include:

• false income or employment information;


• inflated property valuations;


• concealed deposits or incentives;


• identity theft;


• forged transfers or mortgage documents;


• fraudulent property investment schemes; and


• interception of conveyancing funds.

Procurement and Contract Fraud

Procurement fraud can occur in public or private purchasing processes.

Allegations may involve:

• bid rigging;


• false tenders;


• undisclosed conflicts of interest;


• inflated invoices;


• kickbacks or secret commissions;


• false delivery records;


• collusion between suppliers; and


• bribery of employees or public officials.

These cases may involve fraud, bribery, competition law and disciplinary or regulatory proceedings.

Money Laundering

Money laundering offences concern criminal property and may involve concealing, disguising, converting, transferring, acquiring, using or possessing the proceeds of crime.

A person may face investigation even if they are not accused of committing the original offence that generated the money.

Money laundering allegations can affect:

• business owners;


• professional advisers;


• financial institutions;


• employees handling payments;


• family members receiving assets; and


• people described as money mules.

Regulated businesses may also face allegations concerning failures to report suspicious activity, inadequate due diligence or breaches of anti-money laundering requirements.

Restraint Orders

A restraint order is a Crown Court order intended to preserve assets that may later be required to satisfy a confiscation order.

It may prevent a person from selling, transferring, dealing with or reducing the value of specified property. It can affect bank accounts, homes, investments, vehicles, business assets and property held by another person.

A restraint order may be made during an investigation and before any conviction.

A solicitor can advise about:

• the scope and validity of the order;


• applications to vary or discharge it;


• reasonable living expenses;


• legal and business expenses;


• third-party ownership claims;


• restrictions affecting companies; and


• compliance with disclosure requirements.

Breaching a restraint order may result in contempt proceedings or further criminal allegations.

Account Freezing and Forfeiture Orders

Investigators may seek to freeze money held in a bank or building society account where there are reasonable grounds to suspect that it is recoverable property or intended for unlawful use.

Separate procedures can apply to cash, listed assets and cryptocurrency.

Affected individuals and businesses should obtain advice about:

• challenging the freezing order;


• explaining the legitimate source of funds;


• responding to a forfeiture application;


• releasing money for necessary expenses; and


• settlement or exclusion of legitimately owned assets.

Confiscation Proceedings

Following conviction, the prosecution may ask the Crown Court to make a confiscation order under the Proceeds of Crime Act 2002.

The court may consider:

• whether the defendant has a criminal lifestyle;


• the benefit obtained from criminal conduct;


• the value of available assets;


• property held by other people;


• gifts or transfers made to others; and


• the amount that can be recovered.

A confiscation order is separate from the sentence imposed for the offence. Failure to pay may result in enforcement action, interest and activation of a default prison term, while the debt may remain enforceable.

Third-Party Interests in Property

A restraint or confiscation case may affect assets jointly owned with a spouse, family member, company or business partner.

A third party may need to establish their beneficial ownership and show that their interest is legitimate and independent of the alleged criminal conduct.

Evidence may include:

• purchase records;


• bank statements;


• loan documents;


• trust documents;


• company records;


• mortgage payments; and


• evidence of the source of funds.

Directors’ Disqualification

Fraud allegations involving a company can lead to separate proceedings seeking to disqualify a director from managing companies.

The court may consider whether the director's conduct renders them unfit to be concerned in the company's management.

A disqualification order or undertaking can restrict a person from acting as a director or taking part in the management, formation or promotion of a company for the specified period.

Criminal, insolvency and regulatory proceedings may run alongside the disqualification process.

Corporate Criminal Liability

A company may face prosecution for fraud or related economic offences in circumstances where the relevant statutory tests for corporate liability are satisfied.

Businesses should consider:

• the actions of senior managers and employees;


• internal controls and approval procedures;


• financial reporting systems;


• whistleblowing arrangements;


• fraud risk assessments;


• employee and third-party due diligence;


• investigation procedures; and


• preservation of documents and electronic evidence.

Failure to Prevent Fraud

The Economic Crime and Corporate Transparency Act 2023 introduced a corporate offence of failure to prevent fraud, which came into force on 1 September 2025.

The offence applies to organisations meeting the statutory definition of a large organisation. Broadly, liability may arise where an employee, agent, subsidiary undertaking, or another associated person commits a specified fraud offence with the intention of benefiting the organisation or a person to whom services are provided on its behalf.

A relevant organisation may have a defence if it can show that reasonable fraud-prevention procedures were in place, or that it was not reasonable to expect such procedures in the circumstances.

Organisations potentially within scope should consider:

• top-level commitment to fraud prevention;


• risk assessments;


• proportionate prevention procedures;


• due diligence;


• training and communication; and


• monitoring and review.

Internal Corporate Investigations

A business discovering suspected fraud may need to conduct an internal investigation before deciding whether to dismiss an employee, report the matter or begin civil proceedings.

A solicitor can assist with:

• preserving legal privilege;


• defining the scope of the investigation;


• securing documents and electronic data;


• interviewing employees and witnesses;


• coordinating forensic accountants;


• employment and disciplinary issues;


• regulatory reporting obligations;


• self-reporting to law enforcement; and


• civil recovery of losses.

The investigation should be fair, properly documented and conducted without compromising any parallel criminal or regulatory process.

Search Warrants and Production Orders

Fraud investigations may involve searches of homes, offices, computers, phones and business records.

A solicitor can advise whether investigators are acting within the authority granted by a warrant or court order and can help protect legally privileged or irrelevant material.

Businesses should have a procedure for responding to an unannounced search, including identifying the investigating authority, obtaining a copy of the warrant, preserving records and contacting legal advisers immediately.

Disclosure and Digital Evidence

Fraud cases can involve very large quantities of emails, messages, spreadsheets, banking data and accounting records.

Defence solicitors may need to:

• review the prosecution evidence;


• identify unused material that may assist the defence;


• instruct forensic accountants or technology experts;


• analyse transaction patterns;


• recover deleted or archived data;


• challenge assumptions drawn from financial records; and


• prepare schedules explaining legitimate transactions.

Civil Fraud and Asset Recovery

Fraud can also lead to civil proceedings to trace and recover money or property.

Possible remedies may include:

• freezing injunctions;


• proprietary injunctions;


• search orders;


• disclosure orders;


• claims for deceit or misrepresentation;


• breach of fiduciary duty claims;


• constructive trust claims;


• restitution; and


• enforcement against assets.

Urgent applications may be made without prior notice where warning the alleged wrongdoer could create a risk that assets or evidence will disappear.

Reporting Fraud

Victims in England and Wales can report fraud and cybercrime through Report Fraud. Immediate threats, crimes in progress and situations involving a risk of harm should be reported directly to the police.

A business may also need to notify:

• its bank or payment provider;


• its insurer;


• a professional or financial regulator;


• HMRC;


• the Information Commissioner’s Office;


• Companies House; or


• another industry body.

Before making a report, legal advice may be appropriate where the business could itself face criminal, regulatory or civil exposure.

Legal Aid and Very High Cost Cases

Criminal Legal Aid may be available, depending on the proceedings, financial eligibility and merits rules.

A small number of exceptionally complex and lengthy Crown Court cases are managed by the Legal Aid Agency as Very High Cost Cases, commonly known as VHCCs.

Not every solicitor or firm has the resources and specialist arrangements required to conduct a major fraud case. When choosing representation, consider the firm's experience of:

• complex financial evidence;


• lengthy Crown Court trials;


• SFO and HMRC investigations;


• restraint and confiscation proceedings;


• forensic accountancy;


• large-scale electronic disclosure; and


• cross-border investigations.

Possible Penalties and Consequences

A fraud investigation or conviction can result in consequences including:

• imprisonment;


• a fine;


• compensation orders;


• confiscation proceedings;


• director disqualification;


• professional disciplinary action;


• loss of employment or contracts;


• immigration consequences;


• civil recovery claims; and


• serious reputational damage.

The outcome will depend on the offence, value, level of planning, the defendant's role, the number and vulnerability of victims, and other aggravating or mitigating circumstances.

Choosing a Fraud Solicitor

Fraud work covers both criminal defence and civil recovery. Before instructing a solicitor, establish whether the firm regularly handles the type of matter involved.

Relevant experience may include:

• police station representation;


• HMRC and SFO investigations;


• business and corporate fraud;


• money laundering;


• restraint and confiscation;


• civil fraud litigation;


• tax tribunal proceedings;


• professional disciplinary cases; and


• international evidence and asset tracing.

Find a Fraud Solicitor

Fraud investigations can move quickly and may affect liberty, employment, businesses and access to personal assets. Obtain specialist advice as soon as an investigation, interview, search, freezing order or prosecution becomes known.

Use Solicitors.com to find fraud solicitors throughout England and Wales, or submit an enquiry through our Ask a Solicitor service.

Important: This guide provides general information about fraud and financial crime law in England and Wales. It is not legal advice. Separate criminal procedures and prosecuting authorities operate in Scotland and Northern Ireland.