Fraud Charges Successes
Client in fraud case serves 5 months - as opposed to a potential 8-year sentence
In an access to work case, a deaf and dumb client had been entitled to sign language interpreters for a business start-up. The suggestion was he and his wife had abused the system. The original charge was that they had accrued some £600,000 pounds of benefits to which they were not entitled.
After painstaking investigation and going through many claim forms, the husband eventually pleaded guilty to a lesser charge of having obtained £80,000 unlawfully, and, as a result, a period of imprisonment of 20 months was imposed. He would ordinarily have served half of that 10-month period, but, in fact, he served only 5 months and was released on a home detention curfew. He could have received anything up to 8 years imprisonment if he had been convicted of a fraud involving hundreds of thousands of pounds as in the original charge. MTM’s investigation and advocacy reduced the charge which enabled him and his wife to keep their family home. His wife was acquitted of any charge.
Behind-the-scenes research reveals the truth in complex fraud case
Things are so often not what they seem to be on the surface. This was demonstrated in a case in Central Scotland in which nearly £30,000 of benefit fraud was committed over 4 years, and allegedly involved a person who was working and yet receiving these benefits.
The Crown was persuaded to drop the prosecution as the application for benefit had been made in the name of the alleged perpetrator but by another party. It was this party that had banked the money received. The amount of money involved would have meant a custodial sentence of up to 12 months upon conviction; this was avoided by MTM's work out of court. The future prospects and career of the young man who was caught up in the case would have been destroyed too.Analysis of paperwork was at the heart of this case. Behind the scenes research revealed that the accused could not possibly have made the applications himself. He had been entitled to the benefits for a period of time, but others had subsequently applied and benefited on his behalf and without his knowledge. There had been no collusion on the part of person accused of the fraud: others had simply exploited his situation to derive benefits after the period of his entitlement to benefits had lapsed.
MTM sets the record straight in fraud and pension case
Attention to detail and sheer doggedness are pre-requisites for a good defence firm. In a case involving detailed correspondence with a retired seaman's pension company, MTM acted for a client who was charged with a DSS fraud of nearly £8000.
The client had been assured by the pension company in early 2012 that they would contact HMRC on his behalf when the pension was paid. Our client was subsequently told by the DSS (in 2014) that he had been claiming benefits falsely over the intervening two-year period because he had not divulged the pension to HMRC.
Although our client's position was quite clear – he had been advised that the pension company would contact the DSS – specialist fraud investigators from the DSS had examined the whole case and all attendant paperwork, and had found no record of that. Consequently, it now appeared that there was nothing to support our client's position.
The MTM legal team swung into action to investigate the matter right down to the very last detail. Diligent and persistent communication with the pension company eventually led to the uncovering of a direct communication from them to HMRC, advising them of our client's pension. MTM quickly advised the Procurator Fiscal who agreed that a prosecution was untenable in the circumstances and that the case should be discontinued.
MTM untangles financial process to get client acquittal in serious fraud case
Defending financial cases is not just a matter of legal skill: it is also about mastering complex financial issues and understanding how complicated deals and products are structured.
MTM has extensive experience in this challenging area of criminal law and has recently secured the acquittal of a client in relation to a serious charge of a £40,000 fraud against a mortgage company. A five-day Jury trial ended in our client being acquitted thanks to thorough research by the MTM legal team, the team’s extensive knowledge of the law of fraud and painstaking examination of a welter of financial documents.
MTM wins complicated fraud case using expert financial product knowledge
MTM has acted to defend a client charged with a £400,000 financial fraud. The case took months and involved careful preparation and detailed understanding of financial products – a particular area of expertise for MTM. The firm also has highly developed expertise in challenging expert prosecution witnesses in such cases. The client was found not guilty.