Fraud by false representation
Fraud by false representation
Fraud by false representation is when an individual or business deliberately lies or misrepresents the truth when conducting a transaction in order to make a financial gain for themselves and/or cause a loss to another party.
Examples of fraud by false representation include:
- Selling an item under false pretences: i.e. claiming a gemstone is a diamond when in fact it is cubic zirconia
- Using a credit card that does not belong to you to make a purchase
- Lying on an application form: i.e. overstating your income to gain a mortgage
- Lying about personal circumstances for financial gain: the Grenfell Tower fire of 2017 has resulted in 11 prison sentences for people who lied about living in the building in order to claim various benefits including charity donations of money and accommodation
- Using a membership card that doesn’t belong to you to gain access to a gym or club
- Selling an item that doesn’t belong to you without the owner’s permission
If you have been accused of fraud by false representation, it is vital to speak to a specialist fraud solicitor as soon as possible. The experienced team at Purcell Parker can help in these stressful circumstances.
Fraud by false representation lawyers
Fraud by false representation is covered in the Fraud Act 2006. It is an ‘either way’ offence, meaning that if you are accused of this crime, your case could be heard in either the Magistrates’ Court or the Crown Court depending on the severity of the allegations against you.
In order to convict an individual of fraud by false representation, the prosecution must prove that the defendant was acting dishonestly. This is a complex area of the law where misunderstandings can easily arise. Certainly, at Purcell Parker it is our experience that many accusations of fraud by false representation come about as a result of genuine mistakes or ignorance of the circumstances, rather than a deliberate attempt to commit fraud. For example:
- An individual selling a car may genuinely believe the vehicle is in full working order at the time of selling, only for the buyer to accuse them of misleading them shortly after the purchase when a fault is discovered.
- A business is duped into believing stock they are selling is genuine, when in fact it is fake.
Fraud solicitors on your side
Being accused of an offence of this nature is always a difficult experience because of the potential consequences in your professional and personal life. No matter the circumstances of your case, our skilled and empathetic fraud solicitors are not here to judge you; they are here to resolve your situation so that you can move on with your life. Once they have discussed the circumstances of the allegations against you, they can advise on the best way forward, including where possible, to prove that any charges against you should be dropped. In order to do this, they will examine every aspect of the allegations against you, if necessary, speaking to witnesses and employing the services of forensic accountants.
Should your case go to trial, you will benefit from the services of our in-house barristers who are ideally placed to fight your corner in court.
Financing your fraud by false representation case
A major concern when facing allegations of fraud by false representation is likely to be around what your defence may cost. Unfortunately, legal aid is not usually an option in fraud cases, however, where possible our team will provide you with a fixed-fee quote for your case.
We will always communicate with you in a plain-English, jargon-free way so that you are always fully informed about the progress of the defence of the allegations against you. Our team will work hard to secure the best possible outcome for your case, delivering excellent value for money at all times.
Expert advice is just a phone call away
Our location in central Birmingham means we are conveniently located for our clients in the city and its surroundings. However, our jurisdiction for fraud cases goes beyond the West Midlands and we can make arrangements to meet to discuss your case at a time and place convenient to you. To find out more call 0121 436 9781 or fill in our contact form.