Facing prosecution or investigation for revenue fraud? We can clearly explain your rights and provide expert legal defence.
Worried you might have committed revenue 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 revenue fraud? We can advise you on your options to avoid being held liable for someone else’s criminal activity.
Revenue fraud (also known as ‘tax fraud’) is very serious, with the potential for significant penalties for your business and for you personally. 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 revenue 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 a revenue fraud prosecution takes place.
ABR Solicitors is highly experienced in supporting clients facing investigation or prosecution for all types of fraud offences, including revenue fraud. As such, we are well placed to advise and represent businesses and individuals facing accusations of defrauding HMRC.
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 revenue 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 revenue 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 a revenue fraud investigation or prosecution
If you need immediate expert advice and representation for allegations of revenue fraud, please contact your local ABR Solicitors office in Leeds, Liverpool, London and Nottingham.
What our specialist revenue 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 revenue 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 revenue fraud charges
Advice on whether an offence may have been committed
Whether you have been contacted by HMRC or have cause for concern about a potential offence for any other reason, it is important to quickly get to grips with the situation and establish whether a revenue fraud offence may have been committed.
Our revenue fraud defence solicitors can swiftly review your records and provide clear guidance on whether an offence has occurred, your legal position and what you need to do to protect yourself and your business. You can then make an informed decision about what to do next.
Self-reporting revenue fraud to HMRC
If you believe revenue fraud may have occurred within your business, self-reporting may be the best option to avoid or minimise any criminal penalties. Self-reporting revenue fraud could see any criminal proceedings against you stopped, with the option to pay a penalty and make changes to the way your organisation works instead of being prosecuted.
Our revenue fraud defence solicitors 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.
Responding to an investigation for revenue fraud
Being investigated by HMRC for revenue fraud can be daunting, confusing and stressful. You need to act intelligently to protect your legal position and your business.
With many years of experience supporting clients through serious fraud investigations, our team know exactly what to do to ensure you meet your legal obligations while sidestepping the risk of any mistakes that could lead to a prosecution you could have avoided.
Revenue fraud prosecution defence
In the event of prosecution for revenue fraud, it is critical that you have the best possible defence team in your corner as soon as possible. Conviction carries very serious penalties, including the potential for a substantial prison sentence, an unlimited fine and director disqualification.
Our specialist fraud defence lawyers have successfully defended a wide range of clients prosecuted in relation to serious fraud offences. Drawing on our expertise, we will ensure your case is prepared effectively and that you have the best possible representation.
Applications to vary restraint orders
If HMRC investigators believe that you have taken part in revenue fraud, they 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 the potential to cause serious difficulties for your organisation and for you personally.
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.
Revenue fraud explained
What is ‘revenue fraud’?
Revenue fraud is where an individual or business intentionally fails to pay the full amount of tax owed to HMRC. This could be in relation to any type of tax, but for businesses it will most often relate to VAT, corporation tax, income tax, national insurance contributions or Capital Gains Tax (CGT).
Revenue fraud is also sometimes called tax fraud or tax evasion.
There are various offences one can be charged with in relation to revenue fraud. Examples include:
- Cheating the public revenue
- False Accounting
- Conspiracy to defraud
What counts as revenue fraud?
In general, revenue fraud falls into two main categories:
- Failure to disclose taxable income to HMRC – where you intentionally do not report taxable income to HMRC with the intention of evading paying any relevant tax owed on that income.
- Making a false representation to HMRC – where you intentionally provide incorrect information to HMRC with the intention of evading payment of tax owed.
Broadly speaking the prosecution must show that:
- Dishonest behaviour took place.
- That this resulted in a loss of tax revenue to HMRC or would have resulted in a loss if the plan had been carried out.
Revenue fraud charges are very complex, so understanding how they apply to a specific situation can be very difficult and requires a high level of specialist expertise. It is therefore essential to get specialist representation as soon as possible to minimise the risk of a successful prosecution.
What defence is there against revenue fraud charges?
There are various potential options for defending against a charge of revenue fraud, including showing that:
- No offence took placee. there was no dishonest behaviour and/or no loss or potential for a loss of revenue to HMRC
- An offence took place, but you were not involved 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 inadmissibleg. it is not accurate or was obtained illegally
The available lines of defence will depend entirely on your circumstances and it is crucial to get the best possible defence team on your side straight away to ensure no mistakes are made or opportunities missed.