Question 1

How long will my case take?

Accepted Answer

Fraud investigations often take a long time. It is not unusual for investigators to take 2 to 4 years before they decide whether to take a case to court. In serious fraud cases, it can be a further 1 to 2 years before the case reaches trial. A trial in a fraud case can take anything from a few weeks to several months, depending on how many defendants there are and how complex the case is.

Question 2

Should I go private or legal aid?

Accepted Answer

You have a number of options if you’re charged with a fraud offence. You should try to fund your case as well as your circumstances allow you to have the best chance of getting a positive result in the end. If you or your company had legal expenses insurance, that is always something to check in the first instance. This is sometimes called Directors and Officers Insurance or D&O. Your other options are to fund the case privately or apply for legal aid. Private funding usually means more resources allocated to the case and is a very good idea in the investigation stage. If the case reaches the Crown Court, private funding can cost significant money. Talk to your fraud solicitors about whether fees can be managed in stages or whether legal aid is a better option. Legal aid representation in a fraud case with a good firm may still be a good option, although you may still have to pay a contribution to these fees to the Legal Aid Agency.

Question 3

Will I lose my home or other assets?

Accepted Answer

If you’re convicted in a high value fraud or financial case then there is the possibility of assets being confiscated as the ‘Proceeds of Crime’. It isn’t a foregone conclusion. Ask your fraud lawyers to advise you fully on this.

Question 4

Can they go after my family?

Accepted Answer

Prosecutors are not supposed to target family members unless there is evidence that they were involved, but sadly they often do. Sometimes it’s because they’ve made a mistake, but they have been known to do it to put undue pressure on the defendant they really want to plead guilty. This is a reason that you and family members who are at risk MUST take advice from properly experienced fraud solicitors.

Question 5

Should I have the same lawyers as a colleague or family member?

Accepted Answer

If the case you want to put forward doesn’t contradict theirs you may be properly represented by the same fraud solicitor, but this should be a carefully thought out decision.

Question 6

Can I complain about the way I was treated, the delays etc?

Accepted Answer

Delay is a frustrating part of the system as it currently works. As a result, what a member of the public might call delay isn’t in the fraud law sector out of the ordinary. Only very, very long delays resulting in you not being able to defend yourself properly are usually considered as reasons to stop the case.

Question 7

Can I sue the investigators or prosecution for prosecuting me?

Accepted Answer

Suing prosecutors or investigators for bringing a case against you is very hard to do successfully. A person would usually have to show strong evidence of something blatantly corrupt about the prosecutor’s behaviour, such as lying to the court or fabricating evidence, or some other type of malicious behaviour. It’s not impossible, but should only be considered in the context of thoroughly preparing and winning the main case you're facing first.

Question 8

I don’t even know the other people in the case – why am I being involved in this?

Accepted Answer

If a person is charged with other people, he or she doesn’t have to have known all of the parties in the case to be liable.

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