Fraud by False Representation

An accusation of fraud by false representation is a serious criminal offence, alleging that you have dishonestly made a false statement to make a gain for yourself or cause a loss to another. This is the most common type of fraud charge in the UK and can cover a vast range of conduct, from a simple lie on an application form to a complex, large-scale commercial deception. An investigation can be highly intrusive, and a conviction can lead to a prison sentence, significant fines, and lasting damage to your reputation.

At Central Chambers Law, our senior legal consultants are experts in defending all forms of fraud, including false representation. We understand that these allegations can arise from simple misunderstandings, mistakes, or situations where there was no dishonest intent. Our function is to provide a robust, strategic defence that meticulously examines the prosecution’s case and powerfully presents your side of the story. We are specialists with the deep knowledge required to navigate these complex cases and protect your interests.

Understanding the Offence: What is Fraud by False Representation?

Fraud by false representation is a criminal offence defined by Section 2 of the Fraud Act 2006. It is committed when a person dishonestly makes a "false representation" and intends, by making that representation, to make a gain for themselves or another, or to cause a loss to another or expose them to a risk of loss.

A "representation" can be made in any form:

• Verbally: A spoken lie.
• In Writing: A false statement in an email, text message, or document.
• By Conduct: A gesture or action that gives a false impression (e.g., wearing a uniform to imply authority).

The representation is "false" if it is untrue or misleading, and the person making it knows that it is, or might be, untrue or misleading. This is a very broad definition that can capture almost any form of deceptive communication.

The Key Elements of the Offence

To secure a conviction for fraud by false representation, the prosecution must prove three essential elements beyond a reasonable doubt:

1. A False Representation was Made: The defendant must have made a representation that was untrue or misleading. This includes implied representations as well as explicit statements.
2. Dishonesty: The representation must have been made dishonestly. This is judged by the standards of ordinary, reasonable, and honest people. If your actions were not dishonest, you cannot be guilty of the offence.
3. Intent to Gain or Cause Loss: The defendant must have acted with the intention of making a financial gain or causing a financial loss. The gain or loss does not actually have to happen; the intent is what matters.

The prosecution’s case will fail if it cannot prove all three of these core elements.

How False Representation Cases are Investigated

An investigation into fraud by false representation can be triggered by a complaint from an alleged victim, a company, or a financial institution. These cases are often handled by specialist police fraud units.

The investigation will focus on gathering evidence to prove the representation was false and that it was made dishonestly. This typically involves:

• Seizing Communications: Examining emails, text messages, and application forms that contain the alleged false statement.
• Financial Analysis: Reviewing bank statements and transaction histories to establish a motive of financial gain.
• Witness Statements: Taking statements from the alleged victim and anyone else who witnessed the representation being made.
• Interviews Under Caution: Questioning the suspect to get their account of events.

The prosecution's goal is to build a clear narrative showing that you knowingly lied or misled someone with the specific intention of making a gain or causing a loss.

Why Central Chambers Law Provides the Definitive Defence

Defending a fraud by false representation case requires a legal team that can effectively challenge the evidence and, crucially, the prosecution's assertions about your state of mind and honesty.

Clients trust Central Chambers Law because we are experts in this field. Our reputation is built on our ability to forensically analyse the prosecution's case and expose its weaknesses. Our strategic approach involves:

• Challenging the Representation: We scrutinise the alleged representation. Was it actually false or misleading? Or was it a statement of opinion, an exaggeration, or a belief that was genuinely held at the time?
• Attacking the Element of Dishonesty: This is the cornerstone of many fraud defences. We build a powerful case to show that your actions were not dishonest by the standards of ordinary people. Honest mistakes or genuine misunderstandings are not fraud.
• Contesting Intent: We challenge the prosecution's claim that you intended to make a gain or cause a loss. We work to provide an alternative, innocent explanation for your actions to create doubt about your motives.
• Scrutinising Police Procedure: We review the entire investigation process to ensure your rights were protected and that evidence was gathered lawfully. Any procedural error can be used to undermine the prosecution’s case.

Our focused expertise means we are perfectly equipped to provide the powerful defence you need when facing such a serious allegation.

Consequences of a Conviction

Fraud by false representation is a serious offence that can result in a significant custodial sentence, particularly if it involves large sums of money or a breach of trust.

• The maximum sentence is 10 years' imprisonment and an unlimited fine.

The court will consider factors such as the amount of loss, the sophistication of the fraud, and your role in it. A conviction will also likely lead to asset confiscation under the Proceeds of Crime Act (POCA), and can have a devastating impact on your career and future prospects.

Protect Your Future with an Expert Defence

An allegation of fraud by false representation is a direct threat to your liberty and your reputation. It is essential to get expert legal advice immediately to protect your position and start building a strong, strategic defence from the outset.

Do not face this serious charge alone. Contact our expert fraud solicitors immediately for a confidential consultation and take the first critical step in protecting your future.

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