Fraud Defence

Fraud Solicitor Birmingham

David Roy has acted as litigator in significant fraud cases, including the Kieren Fallon horse race fixing trial and Operation Hornet (HBOS Reading branch fraud). He defends individuals and businesses facing fraud allegations across Birmingham and nationally.

Fraud Act 2006

Most fraud prosecutions are brought under the Fraud Act 2006. The main offences are fraud by false representation (section 2), fraud by failing to disclose information (section 3), and fraud by abuse of position (section 4). Each requires proof of dishonesty and intent to make a gain or cause a loss. The maximum sentence is 10 years imprisonment.

Early advice is critical

Fraud investigations often begin with a request for documents, a voluntary interview, or a search warrant. What you say and produce in the early stages can determine whether you are charged. David advises clients before any interview to help understand the scope of the investigation.

Notable cases

R v S (Kieren Fallon horse race fixing trial — judge stopped the trial following defence submissions). Operation Hornet (HBOS Reading branch fraud). HMRC v R (offshore investment fraud — client cleared, costs obtained against HMRC).

Frequently asked questions

Common questions

What should I do if I receive a letter inviting me to a voluntary fraud interview?
Do not attend without taking legal advice first. David advises on the best response in the specific circumstances.
Can I be convicted of fraud even if no one lost money?
Yes. The Fraud Act 2006 offences are complete when the dishonest act is done with intent to make a gain or cause a loss. Actual loss is not required.
What is the maximum sentence for fraud?
The maximum sentence under the Fraud Act 2006 is 10 years imprisonment. Sentences vary considerably depending on the scale of the fraud, the role played, and the circumstances of the individual.
Is legal aid available for fraud cases?
Legal aid is available for fraud cases in the magistrates’ court and Crown Court, subject to a means and merits test.

Under investigation? Call David Roy.

Do not respond to investigators without legal advice. Call 07525 802931 for a confidential, no-obligation discussion.

Call 07525 802931