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Business Fraud in the United Kingdom

By: Arthor Pens

Legal aid is available to fund a professional defence team in court proceedings in the Magistrates' Court without a means test and in the Crown Court with a means test provided that the court is satisfied that the interests of justice are served by publicly funding a defence team. The interests of justice test may be satisfied in the following circumstances:-

* where there are difficulties in understanding legal proceedings due mental or physical disability or language problems
* if the accused is likely to be sent to prison
* for appeals against conviction or sentence
* if a conviction could lead to job loss
* allegations of contempt of court

Business fraud frequently involves the misappropriation of large sums of money, by an employee in a position of trust and often involves more than one person with the potential for charges of conspiracy. The criminal offense of conspiracy carries a potential maximum life sentence of imprisonment and even in the absence of a previous criminal record can lead to a long period of incarceration. If you have been charged with this offense you need the best legal representation that is available. Solicitors who handle these potentially complex claims must have dedicated teams of specialist lawyers and experienced support staff using the latest technology on order to deal with deal with a wide spectrum of serious cases which includes scam's, corporate frauds, mortgage frauds, DTI cases, money laundering, VAT, duty fraud, false accounting, fraudulent trading, corporate corruption and insolvency cases.

Criminal solicitors define a "serious crime" as unlawful conduct in pursuit of an illegal purpose that results in "substantial financial gain". This type of offense is rarely possible without the assistance or collusion of others and may result in charges of the offense of "conspiracy" which carries with it the potential for a maximum sentence of life imprisonment. Conspiracy charges may result from the most loose or informal associations between those committing offenses and the term 'conspiracy' has numerous definitions however one of the most widely used is….. "A conspiracy is an agreement between two or more people to carry out a criminal purpose, whether that purpose is an end in itself or a means to an end."

The Legal Services Commission is the central body that deals with the allocation of legal aid for criminal proceedings and it also administers the Specialist Fraud Panel which was instigated to ensure that defendants charged with these complex monetary offenses receive quality representation from firms with expertise in managing such cases. Only lawyers who satisfy the stringent appointment criteria are allowed membership and legal aid in these complex cases is only granted to firms that are members.

The quality of the evidence presented by the prosecution in court proceedings involving charges of business fraud, white collar crime or conspiracy should never be underestimated. Charges of this nature are never entered into lightly by the prosecution and are often the result of detailed and lengthy investigation and examination of thousands of documents contained in books and records over many years by specialist police officers and professionally qualified investigators.

If you are being investigated by the police or have been charged with an offense you will need the help of an expert lawyer to ensure fair treatment. It is in your interests to be represented by a specialist who will give you clear advice on your legal rights.

Article Source: http://www.articlekingpro.com

The author is a well known legal writer and operates www.actusre.us which is dedicated to obtaining personal injury damages for the victims of violent crime from the UK Criminal Injuries Compensation Authority.

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