Fraud Prosecution

Victims of Fraud

Many frauds go undetected and unpunished due to the Police and the Crown Prosecution Service being under-resourced. The investigation of a fraud is time consuming and complex. It requires a great deal of resources and time to build a successful prosecution against a fraudster. There are so many crimes of fraud every year that the Police and CPS are not able to keep up.

How you can get your money back?

Please contact any of our civil litigators to initiate a case in the High Court for the recovery of your money. This method produces successful results. Nevertheless, for certain persistent fraudsters, a Judgment from the High Court is not sufficient.

Even after the Judgment is issued by the Court, these persistent fraudsters may not pay the amount they have been ordered to do so. Furthermore, they take great steps to hide their money and assets. This can lead into satellite litigation and it can take years to finally recover some money. For this reason many of our clients turn to pursuing a criminal prosecution.

Catching fraudsters

Any victim of a fraud has the ability to bring a private criminal prosecution in the Crown Court to bring the fraudster to justice. The maximum prison sentence is 10 years under the Fraud Act. This is a heavy penalty and acts as a strong deterrent.

Why pursue a private criminal prosecution?

The right for any victim to initiate a private criminal prosecution has been used since the start of our legal system. It was only in 1879 when the Director of Public Prosecutions was set up and thereafter managed the prosecutions of criminals.

Many companies, charities and individuals choose to advance a private prosecution. They realise that the Police is inundated and cannot cope with the ongoing pressures on their resources. For example, the RSPCA routinely brings private prosecutions for animal cruelty.

The pursuit of directors who have acted fraudulently through their limited liability companies is a common type of case. In civil cases it is very difficult to pierce the corporate veil. Nonetheless, under s.993 of the Companies Act, it is very possible to bring a criminal action against the directors of a fraudulent company and, thereby, make them personally liable for the wrongdoing.

How can Cubism Law law help you?

Cubism Law has specialist solicitors who are experienced in investigating and developing criminal cases in order to achieve a successful prosecution. The firm is dedicated to providing excellent investigative resources which will enable you to locate the fraudsters and their assets.

A criminal prosecution can be used alongside a civil case in the High Court. The firm has several civil litigators who can compliment and contribute to the efforts of pursuing the fraudster and seizing his/her assets.

If you require any assistance in this matter then please contact Nasir Khan on nasir.khan@cubismlaw.comor at the office number +44 (0)20 7831 0101

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