Discovering that you or your business is being investigated for white collar crime can be an unsettling and worrying time.

With any allegation of business crime or serious fraud it is highly advisable that you seek the advice of an experienced criminal solicitor. Doing so can avoid financial hardship during the course of the investigation and can help to protect your reputation. Jarmans Solicitors experienced business crime solicitor can provide you with expert legal advice and challenge demands that are made by the authorities.

What constitutes a business crime?

A business crime is any offence that is committed by a business against a person or property. This wide-ranging definition includes a variety of crimes including:

• Money Laundering

• Health and Safety Offences

• Environmental prosecutions

• Bribery and Corruption

• Insider Trading

• Financial Misconduct

• FCA Investigations

• Cybercrime

Being found guilty of any of these offences can lead to a large fine, community order and/or a custodial sentence.

In some cases, businesses and individuals may be unaware that their business has been used for criminal activity of they may have fallen foul to the careless actions of a third party or employee. In all cases it is important to consider seeking legal advice as soon as you are aware that you are at risk of being investigated.

What constitutes serious fraud?

A serious fraud investigation will usually be started by either the Serious Fraud Office (SFO), HMRC, or the Financial Conduct Authority (FCA). The Fraud Act 2006 identifies three classes of fraud:

• Fraud by false representation

• Fraud by failing to disclose information

• Fraud by abuse of position

If found guilty of a serious fraud offence you can face a substantial fine and/or a prison sentence of up to ten years. Additional punishments include:

• Disqualification from acting as a company director

• Deprivation orders

• Financial reporting order

• A serious crime prevention order

If you are concerned that you and your business are at risk of a white collar crime investigation or you are already being investigated, our criminal defence solicitor can help.