Question 1

Will I go to prison for furlough fraud?

Accepted Answer

While it is possible to go to prison for furlough fraud, it is usually avoidable. Engaging early in the right way with HMRC is important, and knowing how to present the situation properly is essential.

Question 2

Will having a lawyer speak to HMRC make me look guilty?

Accepted Answer

Absolutely not. HMRC investigators regularly deal with lawyers. In fact, HMRC often prefer having lawyers to to speak to as an intermediary with the taxpayer. This is because the lawyer will help the investigation be managed more efficiently.

Question 3

Will my case go to court?

Accepted Answer

Many cases will be dealt with as a civil investigations and not go to court in the end, even cases where HMRC suspect fraud. While you may need a furlough fraud solicitor to assist, that doesn’t mean that the case will go to court. Even if you have an interview under caution, with the right advice and representation from a furlough fraud lawyer, you may avoid the case being charged and sent to court.

Question 4

What is the maximum sentence for furlough fraud?

Accepted Answer

Furlough fraud if it is prosecuted under the Fraud Act 2006 has a theoretical maximum sentence of up to 10 years. These long sentences, however, are very rare. Many offences will result in non-custodial sentences, such as suspended sentences, probation orders or unpaid work. Even sentences that involve prison are unlikely to last longer than 5 years.

After the Pandemic, a Furlough Fraud case should be the last thing for you to deal with.

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