How we can help
Fraud cases tend to be rather complex, and it can take a while for the original fraud report to reach court. During this time, it is vital that you seek legal advice and do not wait to see what comes of the allegation. The delay between the report and court presents a strong opportunity for an experienced fraud lawyer, such as Neil Kilcoyne Solicitors, to make a case to the courts as to why the fraud allegation should not be taken any further.
At Neil Kilcoyne Solicitors, we understand that facing allegations of fraud can be a distressing and overwhelming experience. Our team of experienced fraud defence lawyers in Glasgow is dedicated to providing compassionate, expert legal support to help you navigate these challenging times. We are here to protect your rights, your reputation, and your future.
Scottish law defines fraud as the act of intentionally deceiving someone, either by making false statements, concealing information, or engaging in deceptive actions, with the intention of causing financial or personal gain for oneself or causing financial or personal loss to another party.
Understanding the different types of fraud is crucial to mounting an effective defence. Here are some common types of fraud our clients may face:
Misrepresentation involves providing false information with the intent to deceive another party, typically resulting in financial or personal gain. This can occur in various contexts, including business transactions and contractual agreements.
Intentionally hiding or withholding information that is material to a transaction or relationship to gain an advantage or cause harm to others. Concealment can be as damaging as outright falsehoods and is treated seriously under the law.
Creating counterfeit documents, signatures, or other forms of identification to deceive or commit fraudulent acts. This includes signing someone else’s name on checks or legal documents without their permission.
Assuming someone else’s identity, personal information, or financial details to commit fraud or theft. Identity theft can involve stealing credit card information, social security numbers, or other personal identifiers.
Illegally taking funds or property entrusted to one’s care for personal use or gain. Embezzlement is the act of wrongfully appropriating funds or property entrusted to one’s care, often occurring in employment or fiduciary contexts. It is a serious offence that can carry significant legal consequences.
Presenting oneself or a situation in a deceptive manner to induce another person to part with their property or money.
Internet and cyber fraud involve using online platforms and technology to commit fraudulent activities. Engaging in fraudulent activities online, such as phishing, online scams, or hacking, to deceive or defraud individuals or organisations.
Sentences and penalties for committing fraud in Scotland will vary on a case by case basis. For less serious allegations of fraud, the maximum penalty on conviction is up to 12 months imprisonment and/or a fine of the prescribed sum. For more serious allegations of fraud, the penalty on conviction can be anywhere between 1 year and life imprisonment, and/or an unlimited fine.
With the stakes so high, it’s essential to consult with an expert fraud lawyer for guidance and representation.
Navigating a fraud charge requires specialised legal expertise. With our wealth of experience, we have seen first-hand how stressful a time it is for those accused, and our mission is to make the process as stress-free and straightforward as possible for you.
✅ Providing Expert Legal Advice: We will explain the charges against you, outline potential defences, and advise on the best course of action.
✅ Building a Strong Defence: Our team will gather and analyse evidence, identify weaknesses in the prosecution’s case, and develop a robust defence strategy tailored to your specific situation.
✅ Representing You in Court: If your case goes to trial, our experienced litigators will represent you, advocating fiercely on your behalf to achieve the best possible outcome.
✅ Negotiating Settlements: Where appropriate, we can negotiate with prosecutors to reduce charges or secure more favourable terms, helping you avoid the most severe penalties.
We are particularly experienced in benefit fraud, with years of experience in this area, we regularly represent those accused with this kind of fraud. These cases are often complex and prepared by the department of social security employees, with no expert legal knowledge. We have high levels of success in defending these types of cases.
Whichever type of fraud you’re accused of, our team is committed to securing the best possible outcome for you. Get in touch for a free, no-obligation telephone consultation, and a member of our team will get back to you as soon as possible.
Fraud offences in Scotland are prosecuted primarily under common law and some specific statutes. Penalties for fraud can be severe, ranging from fines to lengthy prison sentences, depending on the nature and severity of the offence. It is crucial to have knowledgeable legal representation to navigate these complex legal waters.
The Police Service of Scotland is responsible for investigating frauds committed Scotland’s boarders, with specialist units in each region handling these intricate cases. For Serious Fraud Offences (SFO), the ministerial head of the Crown Office and Procurator Fiscal Service (COPFS) may invoke powers requiring individuals to answer questions and provide information.
Fraud allegations can be highly nuanced, involving extensive evidence that may span many years. The COPFS holds exclusive prosecuting authority in Scotland, with most cases managed by the local Procurator Fiscal. Given the gravity of fraud, a Serious and Organised Crime Division, including an Economic Crime Unit, has been established to handle the most severe cases. This unit has tackled high-profile fraud and insurance crime-related offences.
When the nature of the crime and the available evidence are evaluated by the prosecutor, you may face:
If you’re facing fraud charges, it is essential to seek legal advice as soon as possible, and we’re here to help.
Neil Kilcoyne and Co Solicitors are, above all, results driven and will always do everything in our power to secure the best possible outcome for you. Contact us today to schedule a consultation and take the first step towards protecting your rights and your future.