Fraud by abuse of position

If you have been accused of fraud by abuse of position, it’s vital to get the advice of a specialist solicitor at the earliest possible opportunity. The white collar solicitors at Purcell Parker have a wealth of experience in dealing with cases of this nature and will work with you to protect your reputation in the position of trust you hold.

Expert legal defence in and beyond Birmingham

Our location in Birmingham city centre means we are well-placed for our professional clients in the city. However, when it comes to allegations of this kind, discretion is an important part of the service we provide and as a result, we are happy to meet you at a time or a place of your choosing, whether that is to discuss a potential allegation against you or formal legal proceedings for fraud by abuse of position. Not only that, our business crime solicitors work beyond the remit of Birmingham and its surroundings.

Paying for your fraud by abuse of position solicitors

As legal aid is not usually an option in cases of fraud by abuse of position we will, where possible, provide you with a competitive fixed-fee quote for your case.

What is fraud by abuse of position?

This type of fraud is covered in the Fraud Act 2006. The term ‘position’ applies to roles such as company director, business owner, business partner, employee or trustee of a charity or other organisation. The offence occurs when an individual uses the position of trust they have been placed in to commit fraud by gaining financially from that position, rather than acting to safeguard it on another individual or charity’s behalf as expected. Examples include:

  • A family member who has power of attorney for a mentally incapacitated relative using their position to take money from the person’s bank account.
  • A company director who uses information they have been given in the course of their professional duties in order to gain financially from the information.
  • An employee who deliberately abuses their position to give discounts or contracts to friends, family or other favoured associates.
  • A charity trustee who steals charity funds.

The offence of fraud by abuse of position is often related to theft. It’s also important to note that it can occur when an individual deliberately omits to do something as well as committing a deliberate act. Also, the offence is carried out when the abuse of position happens, regardless of whether it actually results in a gain to the offender and/or a loss to the other party.

Fraud by abuse of position solicitors on your side  

Every fraud by abuse of position case is unique and the solicitors at Purcell Parker will work with you to achieve the best possible outcome for your case. This is a complicated area of the law where mistakes and confusion can easily arise. Also, when crimes of this kind are committed, they are often motivated by dire financial need rather than a desire to profit dishonestly from a position of trust.  However, regardless of the circumstances, the team at Purcell Parker are here to help you with a plain English, non-judgemental approach.

Fraud by abuse of position sentences

Fines and community orders are a possibility in this kind of case, with custodial sentences a possibility in the most serious cases. If your case is being heard in the Magistrates’ Court, the maximum prison sentence is 12 months. The most serious cases of fraud by abuse of position cases which often involve multiple offences involving large amounts of money over long periods of time, are tried by jury at the Crown Court. The most serious of these can involve prison sentences of up to 10 years.

First class defence for fraud by abuse of position 

To find out more about how the team at Purcell Parker can help preserve and protect your good reputation in the face of charges of fraud by abuse of position, please call us on 0121 236 9781 or fill in our contact form.