Fraud by False Representation

What constitutes fraud by false representation?

A complicated crime, there are many ways in which a person or organisation can commit fraud. One of the most common is by making a false representation. Some people who are accused of this offence may be totally unaware that they have acted unlawfully, and it comes as a great shock to find that they are being investigated.

At this highly stressful time, it’s vital to seek legal advice straight away. If you or someone you know has been accused of false representation, call Sahota & Sahota and talk to one of our specialist fraud solicitors as soon as possible.

Outlined in the Fraud Act of 2006, fraud by false representation is the act of dishonestly making a false representation in order to make a gain for yourself or another individual, or to cause loss to another or expose another to a risk of loss. A representation is false if it is untrue or misleading, and the person making it knows that it is, or might be, untrue or misleading.

Why am I being accused of fraud by false representation?

Some examples of fraud by false representation include:

• Selling, or attempting to sell an item that you do not own, without the owner’s permission
• Selling an item under false pretences, for example, claiming that a fake gemstone is a diamond
• Paying for or attempting to pay for items with a credit card that does not belong to you, or using another’s credit card details online
• Trying to cash a cheque that is not yours
• Charging a customer for work you claim to have done but have not
• Persuading someone to buy an item that does not exist
• Using a membership card that does not belong to you to gain access to a private club or sporting venue
• Stating that an item for sale, for example a car or washing machine, is in good working order when you know it is not
• Lying about your income when applying for a mortgage
• Claiming for costs that have not been incurred

What is the sentence for fraud by false representation?

Fraud cases can be under investigation for months, or even years. It is possible that you will not know you are under investigation until you are contacted by the police, who will want you to attend an interview.

It is vital to seek legal representation before this interview takes place, and our specialist team at Sahota & Sahota can advise you on the way forward. In the best-case scenario this could mean proving that any charges against you should be dropped.

If the police ultimately decide there is enough evidence to prove that you deliberately acted dishonestly, they will charge you. Once your case is passed to the courts and the Crown Prosecution Service, you will receive a date for your court hearing. Depending on the severity of the allegations against you, your case may be heard in a Magistrates’ Court or the Crown Court. The maximum sentence that can be imposed is 10 years imprisonment. Alternatively, you may receive a hefty fine, or in some cases you could receive both a fine and a jail term.

If you have been accused of or are under investigation for fraud by false representation, it is vital to seek the services of a solicitor who specialises in this type of offence. The fraud solicitors at Sahota & Sahota understand all there is to know about the complexities involved in fraud cases and are available 24 hours a day, seven days a week with expert help and advice.