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Fraud by Abuse of Position

The consequences of being convicted for fraud by abuse of position can be extremely serious, even leading to terms of imprisonment in some cases. To help avoid this possibility, and to secure the best outcome when facing an accusation, instructing expert legal advice is essential.

At JD Spicer Zeb, our specialist solicitors are on hand to provide support to anyone accused of fraud by abuse of position. The circumstances surrounding a case involving fraud by abuse of position can vary significantly, and the investigations that take place can be distressing and confusing to navigate alone, which is why the advice of our team can make all the difference.

Our experience has led us to represent individuals in a variety of positions facing fraud charges of this nature, so you can be certain that we are well positioned to help you achieve the best possible outcome for your case. Our priority will always be to help you avoid a conviction wherever possible, but in cases where this is unavoidable, we will take every possible measure to mitigate any penalties that may be applied.

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Why choose JD Spicer Zeb?

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Instructing a duty solicitor to represent you when facing criminal charges of this nature is possible. However, we strongly recommend that you choose to work alongside our specialist team at JD Spicer Zeb, as we have specialist expertise in fraud by abuse of position and will be able to provide the strongest possible defence that is tailored to your situation.

It is vital that, whichever route you take, that you never answer any police questions without a solicitor present.

Our fraud by abuse of position solicitors provide:

  • 24/7 legal support in person and over the phone, 365 days a year
  • Representation anywhere in England or Wales
  • Accredited Police Station Representatives to support you during a police interview
  • Clear, effective legal advice in any language (see our languages spoken)

How can we help?

Common questions

We always work with the most experienced and best leading UK barristers, KCs (Kings Counsel). We cover all criminal cases 24/7 at the police station and court. Offices in London, Birmingham, and Manchester cover cases across England and Wales. We can offer Legal Aid and affordable Private fee agreements. We can see you the same day, including virtually. Our Senior Partners supervise all of our cases.

How quickly do you respond?

We respond quickly even during out of hours. We do not get our work by paying for online adverts but based on the fact that few criminal law firms can match our 45 years of experience. Most of our cases are still from word-of-mouth recommendations from satisfied clients. We are called daily by dissatisfied clients from firms with less experience than us. We respond very quickly to new enquiries. We know what clients seek and so we update clients rapidly.

Can you get cases dropped?

Yes, read about the recent cases we've helped our clients with here.

We always keep you updated and give straightforward advice. We will get cases dropped early where the case is weak or should not be prosecuted. We will be upfront with you about where you can benefit from a good result with an early guilty plea, such as a discount on your sentence. As we work on cases across all levels with clients from all walks of life, we are excellent at giving clear, spot-on advice. As an established firm, we can allocate a whole team to your case often at short notice to secure evidence to minimise the damage to you. 

Have you won any awards?

OUR PROFESSIONAL BODY THE LAW SOCIETY AWARDED US IN OCTOBER 2020 WITH THE EXCELLENCE IN CLIENT SERVICE AWARD AND STATED - 

"JD Spicer Zeb demonstrated a clear commitment to client service through their work with vulnerable and diverse individuals in what can be severely traumatic circumstances".

Do you offer free consultations?

Where it is possible, we aim to provide an initial consultation to you. If we can speak to you, we can if required inform you about  –

  • Whether we can take the case on and our relevant experience.
  • Public and private funding benefits.
  • Assistance in applying for legal aid where we are likely to accept instructions.
  • An outline of options in police interview only. We will not advise you on which option to adopt.
  • Providing our free written guide explaining the police station process.
  • The gravity of routine and day-to-day offences you face.
  • Consequences of not attending the court or police station.
  • Consequences of interfering with any witnesses.
  • Retaining any evidence in support of your case.
  • If possible an outline of the elements of the offence that the police or CPS must prove.
  • This consultation will normally be by telephone or email and will only be for as long as we deem necessary to establish if we can act for you. If we cannot usefully give you any advice in this manner then we will not continue with the consultation. We will not discuss the case in depth for you to be able to decide on your plea or any significant aspect of the case, as this cannot be undertaken informally.
  • Referring you, if possible, to other firms for matters out of our specialism or if we cannot help.

Consultations do not apply to the following cases –

  • If we do not intend to take the case on.
  • Road Traffic cases, drink driving, drug driving, driving bans, speeding, no insurance, mobile phone use, points etc.
  • In all cases where we do not have the capacity to take your case or the availability of suitably qualified staff to provide an initial free consultation. This is applicable in all cases but especially where a more senior lawyer is required because of your personal needs or the complexity of the case.
  • Harassment/stalking/ coercive behaviour/malicious communications or road traffic cases and most sensitive cases. These cases are often too complicated to assess in short consultations.
  • The locations concerned may be too distant to represent you adequately or it may not be cost-effective for you or us.
  • The case is too complicated to assess or raises various charges or facts, complexity, or history to be considered informally or in a short consultation.
  • In most Legal aid transfers where legal aid is granted to another firm except in very grave cases, we may assess the case and merits for a transfer.
  • If your relationship has broken down with your existing solicitor or several solicitors.
  • If you have been released under investigation and have already had a police station attendance. 
  • If you hold legal aid with another firm and seek a second opinion.
  • If you are calling on behalf of the client as a friend or family member unless you have full authority and full facts.
  • To businesses.
  • Advising whether you were given good advice by your other solicitor.
  • Whether to decide to plead guilty or not guilty.
  • Whether you have an arguable defence in law or factually complicated defences.
  • Any advice you have had after your first court appearance.
  • Any advice on appeal on conviction or sentence.
  • If we feel we are unable to communicate with you.
  • If we are likely to be conflicted or breach our professional rules.

Speak to our fraud by abuse of position solicitors today

For a free initial consultation on your legal position and the available options, contact our local offices in London, Birmingham or Manchester.

For urgent advice at any time of day or night regarding fraud by abuse of position, please call our Emergency Number 07836 577 556.

Our expertise with fraud by abuse of position

Our team have over 45 years of experience in handling fraud charges, including fraud by abuse of position. This level of experience, combined with our specialist knowledge and expertise means that we are in the best possible position to provide a strong defence, no matter how complex the issue at hand may be.

Fraud by abuse of position can result in serious penalties, including substantial prison sentences in some cases. This highlights the importance of instructing our team when you find yourself accused of fraud abuse of position fraud.

Our team includes several accredited police station representatives who will be able to provide advice and representation on a 24/7 basis.

During our many years of legal practice, we have been successful in securing positive outcomes for our clients. This includes cases where court proceedings have been launched. When instructed, we will work alongside you to build a robust defence and provide the necessary representation at both the Magistrates’ and Crown Court.

In addition to this, our team have developed very strong relationships with some of the country’s leading specialist fraud barristers. This means you will have direct access to the highest standard of legal representatives with the skillset required to secure a strong outcome.

If you are accused of fraud by abuse of position, we are aware of how difficult a situation this is likely to be on both a personal and, in some cases, a professional level. Our committed solicitors will offer a close personal service alongside robust legal advice so you can stay on top of any updates to your case.

We are accredited by the Law Society for Criminal Litigation and have also achieved a Lexcel accreditation, reflecting the high standards of our legal practice.

As a testament to the high standards of client care our team provides, we frequently receive referrals and recommendations from clients who have been satisfied with our legal services which we have been providing for over 45 years.

Pre-Charge bail

After a police interview, you may be released on pre-charge bail (also simply referred to as being released on bail). Where this happens, the police will be continuing their investigation before they come to a final charging decision.

During this period, certain bail conditions may be imposed. Such bail conditions could restrict where you can go, or place requirements on you to attend the police station at a certain time.

To find out more in relation to pre-charge bail, please use the links provided below:

Common questions about fraud by abuse of position

What is fraud by abuse of position?

Fraud by abuse of position is a specific criminal offence covered by Section 4 of the Fraud Act 2006. It occurs where an individual who holds a position of trust or responsibility is alleged to abuse that position to gain a dishonest benefit or cause a loss to another party.

Examples of a ‘position’ that an individual can hold include:

  • Trustees
  • Executors and Administrators
  • Company directors
  • Employees

Is fraud by abuse of position a criminal offence?

Yes, fraud by abuse of position is considered to be a criminal offence. This means that anyone found guilty of fraud by abuse of position could be subject to a range of punishments.

What are the sentencing guidelines for fraud by abuse of position?

The penalties that can be actioned for fraud by abuse of position are varied and will depend on various factors.

Fraud by abuse of position is an either-way offence, which means that it can be heard in either the Magistrates’ or Crown Court. If a case is heard in the Crown Court, the maximum sentence is ten years imprisonment.

The severity of the sentence is typically determined by an alleged offender’s perceived culpability in the crime, the harm that has been caused, and whether there are any mitigating or aggravating factors to consider.

Additional ancillary orders may also be actioned by the courts.

Contact our fraud by abuse of position solicitors now

For urgent specialist advice, immediate police station representation or to speak to us confidentially about a charge of fraud by abuse of position or any other criminal matter, please do not hesitate to get in touch.

You can contact a member of our dedicated team of criminal defence lawyers in London, Birmingham, and Manchester by telephone on:

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.

24/7 legal representation for fraud by abuse of position cases

Please get in touch for a free initial consultation with one of our expert fraud by abuse of position solicitors, as well as for immediate advice and representation.

For immediate representation and advice, you can contact our Emergency Number: 07836 577 556 and we will provide you with the urgent assistance you need.

 

How can we help?

  • Umar Zeb
      • Umar Zeb
      • Senior Partner - Head of Private Client Crime
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  • Lisa Nicol
      • Lisa Nicol
      • Managing Partner - Head of Crime & Serious Cases
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  • James O'Donnell
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