Facing prosecution or investigation for investment fraud? We can clearly explain your rights and provide expert legal defence.
Worried you might have committed investment fraud and not sure what to do? We can provide proactive advice to help you avoid criminal proceedings or secure the minimum possible penalties.
Suspect someone else within your business has committed investment fraud? We can advise you on your options to avoid being held liable for someone else’s criminal activity.
Investment fraud covers a wide range of criminal activity involving dishonestly convincing people to place funds into supposed investment opportunities.
Conviction for investment fraud carries the potential for significant penalties for your business and for you personally, so if you are under investigation, facing a prosecution or simply have concerns you wish to discuss, it is essential to get expert legal advice as soon as possible.
Potential penalties for investment fraud include:
- A substantial term of imprisonment
- An unlimited fine
- Director disqualification
As well as the potential criminal consequences, your business could also suffer serious damage to its reputation if investigated for investment fraud.
ABR Solicitors is highly experienced in supporting clients facing investigation or prosecution for all types of fraud offences, including investment fraud. We can advise and represent businesses and individuals on all types of investment fraud, including share sale fraud, hedge fund fraud, land banking fraud and bond fraud.
We represent clients all over the UK, regularly handling cases involving many millions of pounds. Our seasoned expertise can give you the best chance of avoiding charges or securing the best available outcome where prosecution is unavoidable.
Our investment fraud defence lawyers are available 24 hours a day, 365 days a year and can be at your side for every stage of an investigation and any subsequent prosecution.
We are one of the leading business defence teams in the country. The prestigious Legal 500 client guide ranks us Tier 1 for General Crime and Tier 2 for Fraud in Yorkshire and the North East, while Chambers & Partners ranks us Band 1 for Crime and Band 2 for Financial Crime.
If you are facing investigation or prosecution for investment fraud, having ABR on your side from the outset will put you in the best possible position to protect your business and yourself.
Get immediate expert representation for an investment fraud investigation or prosecution
What our specialist investment fraud defence lawyers can offer you
ABR Solicitors has advised businesses, company directors, senior managers and self-employed people for many years in relation to various types of fraud offences, including investment fraud.
Our serious fraud defence solicitors can quickly assess your situation and provide clear, realistic advice on your legal position, the likely outcomes and your options.
We are recognised by the Legal Aid Agency (Ministry of Justice) as an expert legal firm able to handle the largest fraud cases prosecuted as we are a member of the Very High Cost Case panel.
ABR Solicitors holds the following awards:
- Fraud Law firm of year – UK (Corporate Intl 2020)
- Fraud Law firm of year – UK (M&A Today Global Awards 2020)
- Fraud Law firm of year – UK (ACQ5 Global Awards 2020)
- Fraud Law Firm of year – UK (Global Law Experts 2020)
- Best Specialist Fraud and Regulatory Defence Solicitor – UK (SME news 2020), Rob Rode
- Criminal Law Lawyer of Year – UK (Corporate America Today 2020), Rob Rode
- Regional Criminal Defence Lawyer of Year – UK (ACQ5 Global Awards 2020), Rob Rode
- Monthly-Fraud Lawyer of the year – UK (Dealmakers 2020), Rob Rode
We are independently recognised as one of the leading business defence teams in the country. We are ranked Band 1 for Crime and Band 2 for Financial Crime by leading client guide Chambers & Partners, while the prestigious Legal 500 client guide ranks us Tier 1 for General Crime and Tier 2 for Fraud in Yorkshire and the North East.
Rob Rode who leads the team is described as “an extremely impressive and dynamic team leader” who “combines fearless tenacity with an exceptionally personable attitude”. He is an “experienced charismatic fraud lawyer”.
How we can protect your business against investment fraud charges
Advice on whether an offence may have been committed
Whether you are under investigation or simply have a concern about a potential investment fraud offence, it is important to quickly ascertain your legal position. Our investment fraud defence solicitors can swiftly provide clear guidance on whether an offence is likely to have occurred, your legal position and what actions you need to take.
Self-reporting investment fraud
If you believe you or your business may have been involved in investment fraud, self-reporting may be the best way to avoid or minimise criminal penalties. Self-reporting can potentially prevent criminal proceedings. We can advise you on whether self-reporting is likely to be appropriate and, if so, we can guide you through the process, giving you the best chance of avoiding criminal proceedings.
Investment fraud prosecution defence
In the event you are prosecuted for investment fraud, you will need the strongest possible defence team to act for you. Our specialist fraud defence lawyers have successfully defended clients prosecuted for a wide range of serious fraud offences, so we can ensure your case is prepared effectively and that you receive the best available representation at all times.
Applications to vary restraint orders
If you or your business are believed to have benefited from investment fraud, investigators or prosecutors may apply to a court for a restraint order under the Proceeds of Crime Act 2002 (POCA). This could see both your business and personal assets frozen with immediate effect, even if you have not yet been convicted of an offence.
Our team has a very good track record with challenging restraint orders. We frequently succeed in having the conditions varied to match our clients’ needs, so if you have been made subject to a restraint order, we can give you the best chance of accessing the property and assets you need for your business, yourself and your family.
Investment fraud explained
What is ‘investment fraud’?
Investment fraud can take many different forms, but in essence it involves dishonestly inciting someone to invest in a business or other investment opportunity.
Typically, investment fraud will involve an investment opportunity that is misrepresented (e.g. suggesting a much higher rate of return that is realistic) or that does not exist (e.g. a property development that has no realistic possibility of being completed).
Common types of investment fraud include:
- Share sales fraud – also known as ‘boiler room fraud’ – where unlicensed share dealers dishonestly convince victims to invest in non-existent, very low value or worthless shares.
- Advance fee fraud – where the victim is convinced to make an upfront payment for goods or services that will never be delivered.
- Ponzi scheme fraud – where investors are promised very high returns which are then paid using funds secured from other investors.
- Land banking fraud – where investors are convinced to invest in land which is misrepresented as being highly likely to increase significantly in value.
- Pyramid fraud – where investors are convinced to recruit new investors into the scheme in exchange for a cut of any investment the new investors make, with the majority of each investment going to the person or persons controlling the scheme.
There are two main offences one can be charged with in relation to investment fraud:
- Conspiracy to defraud
Investment fraud is a very complex area and it is often possible for innocent people to find themselves caught up in such schemes. If you are concerned about an investment fraud offence, it is therefore essential to get specialist representation as soon as possible.
What defence is there against investment fraud charges?
Potential defences against an investment fraud charge include that:
- No offence took place i.e. the investment opportunity was legitimate and/or was not misrepresented.
- An offence took place, but you were not involved i.e. you took no part in and had no knowledge of the offence, and could not reasonably have been expected to know.
- Evidence relied upon by the prosecution is inadmissible e.g. it is not accurate or was obtained illegally.
Which defence has the best chance of success will depend on your circumstances, so it is critical to secure the best possible representation straightaway to ensure all options are fully considered and no available defence strategy is overlooked.