Understanding the Law of Fraud by False Representation

Fraud by false representation is one of the most common forms of fraud under the Fraud Act 2006, which criminalises various types of deceit and dishonesty. In simple terms, fraud by false representation occurs when an individual intentionally makes a false statement, misrepresentation, or omits critical facts in order to gain a financial advantage or cause loss to another party. This can take many forms, including identity fraud, financial scams, or misrepresentations in contracts or business dealings.

At Allen Hoole Solicitors, we have extensive experience representing clients charged with this complex offence. Fraud cases can involve highly technical legal defences, making expert legal advice essential. Our large team of solicitor advocates is equipped to handle even the most challenging fraud cases, and we work with specialist barristers and digital and financial forensic experts to provide comprehensive defence strategies.

The Legal Definition of Fraud by False Representation

The Fraud Act 2006 defines false representation as follows:

1. A person commits fraud by making a representation that they know to be false.
2. The false representation must be made with intent to gain something for themselves or cause loss to another.

A representation can be made in various ways, including verbally, in writing, or even through digital means such as emails or online transactions. For example, a person who intentionally provides false information to obtain a loan or financial benefit could be charged with this offence. The intent to deceive is a key element of the charge, and proving that the false representation was made knowingly is essential for a conviction.

Technical Defences to Fraud by False Representation

Defending fraud by false representation requires navigating complex legal and factual issues. There are several potential defences available, depending on the specific circumstances of the case. These defences are highly technical and require an in-depth understanding of both the law and the specific evidence involved.

Lack of Intent to Deceive

A primary defence is to argue that the defendant did not intend to deceive or make a false representation. For example, if the false information was provided accidentally or based on a misunderstanding, this could undermine the prosecution's case. It is the intent to deceive that must be proven, and if that intent is absent, a conviction may be avoided.

Duress or Coercion

In some cases, a defendant may argue that they were coerced into making the false representation under duress. If they can demonstrate that they acted under threat or pressure, this could provide a valid defence to the charge.

Lack of Knowledge

Another defence is to argue that the defendant was unaware that the representation they made was false. If the prosecution cannot prove that the defendant knew the representation was untrue at the time, this can be a strong defence.

Digital and Financial Forensics

Fraud cases often involve a large amount of digital or financial evidence, such as emails, transaction records, or financial documents. At Allen Hoole, we work with leading digital and financial forensic experts to analyse this evidence and identify weaknesses in the prosecution's case. Our forensic team can assist in uncovering errors, misinterpretations, or inconsistencies in the evidence that can be used to challenge the fraud charges.

Why Expert Legal Representation is Essential

Fraud by false representation is a serious offence, and convictions can result in significant penalties, including imprisonment and large fines. Given the complexity of these cases and the technical nature of both the evidence and the legal defences, it is crucial for anyone facing fraud charges to seek expert legal advice.

At Allen Hoole, we have extensive experience representing clients in fraud cases and are familiar with the intricacies of the law. Our team of solicitor advocates and access to top-tier specialist barristers ensure that our clients receive the best possible legal representation. We meticulously review the evidence and work closely with forensic experts to build strong, strategic defences.

The Allen Hoole Advantage

As one of the largest criminal defence firms in the South West of England, Allen Hoole Solicitors offers a unique advantage in handling fraud cases. Our team of experts, which includes specialist barristers and digital and financial forensic experts, ensures that no aspect of the case is overlooked. From complex financial documents to intricate digital communications, we leave no stone unturned in defending our clients' rights.

If you or someone you know is facing charges of fraud by false representation, contact Allen Hoole Solicitors today. Our team is available 24/7 to provide expert legal advice and representation, ensuring that your case receives the care and attention it deserves.