email: info@sgkllp.com call: 020 7734 9700
Shaw Graham Kersh has a long-standing history of representing clients accused of serious fraud, large-scale conspiracies, bribery and money laundering. We represent clients in complex white collar fraud investigations brought by the SFO, Local Authorities (Trading Standards), HMRC, CMA or the police. We also represent those accused of more standard fraud, involving the misuse of credit cards, mortgage fraud, identity fraud, and tax and benefit fraud.
We have extensive experience of representing clients and companies from the investigation stage through to trial. We make use of sophisticated software programmes designed to assimilate data and information that can run to thousands of events and transactions which enables us to prepare our client’s cases thoroughly. Our experienced fraud lawyers have the ability, experience and judgement to deploy this material to our client’s best advantage. We represent clients served with Restraint Orders or facing confiscation proceedings. For more information click here.
We are a member of the Legal Aid Agency’s Very High Cost Case Panel allowing for publicly funded representation in the very largest fraud cases. Please click here for more information on our specialist fraud and financial crime work.
How we can help
We can represent you wherever you are based, whether it be in the UK or overseas. We support our clients through every stage of the criminal justice process, including:
For more information on any of the above click here, or if you have been requested to attend an interview or have notification of court proceedings, please contact us today.
Section 1 Fraud Act 2006 creates a general offence of fraud and introduces three ways of committing it set out in Sections 2, 3 and 4.
The prosecution must prove in each case:
Fraud by false representation – Section 2 Fraud Act 2006
The defendant:
The offence is entirely focused on the conduct of the defendant.
Fraud by failing to disclose information – Section 3 Fraud Act 2006
Like Section 2 (and Section 4) this offence is entirely offender focussed. It is complete as soon as the defendant fails to disclose information provided he was under a legal duty to do so, and that it was done with the necessary dishonest intent. It differs from the deception offences in that it is immaterial whether or not any one is deceived or any property actually gained or lost.
Fraud by abuse of position – Section 4 Fraud Act 2006
The abuse may consist of an omission rather than an act.
Like the other two Section 1 offences, Section 4 is entirely offender focused. It is complete once the defendant carries out the act that is the abuse of his position. It is immaterial whether or not he is successful in his enterprise and whether or not any gain or loss is actually made.
As with all the Section 1 offences, though there need be no consequences to the offending, the existence and extent of those consequences will be very material to sentence, compensation and confiscation. It will still therefore be necessary to gather that evidence. In many instances it is the fact of the gain or loss that will prove the defendant's dishonesty beyond reasonable doubt.
Bribery - Section 1 and 2 The Bribery Act 2010
Section 1 - A bribe is the giving of a financial or other advantage in connection with the ‘improper performance’ of people in positions of trust.
The necessary conduct element is when a person "offers, promises or gives" a "financial or other advantage", either directly or through a third party. The offence also requires a "wrongfulness element".
For example:
Section 2 - A bribe is the receiving of a financial or other advantage in connection with the ‘improper performance’ of people in positions of trust.
Money laundering is defined in the Proceeds of Crime Act as “the process by which the proceeds of crime are converted into assets which appear to have a legitimate origin, so that they can be retained permanently or recycled into further criminal enterprises”.
Money laundering can be divided into two categories:
Other fraud offences include:
Telephone: 020 7734 9700