MMC Client Accused of Fraud by Abuse of Position - NFA
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Date posted: 21 Feb 2025
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Case start date
19 Apr 2024
Significance
Minor
Case study summary
Our client was under investigation for fraud by abuse of position, following an allegation made by a close family member. We made representations to the CPS and they closed the case with no further action.
Case study
Our client had been accused of fraud by abuse of position by a close family member. Of course, the client was distraught when she approached our firm for assistance.
The client had previously been interviewed on two occasions, where she was represented by the duty solicitor and provided the police with a full account on each occasion.
Three years after her first interview, the client approached our firm, looking for a legal representative to take a proactive approach on her case, and we immediately made contact with the officer and the previous firm of solicitors. Unfortunately, we were informed that her previous solicitor's had not kept a record of the ongoing case and were unable to provide our firm with any information. We persuaded the police to provide us with a copy of the client's interview recording and were able to begin our reviews.
We met with the client and took detailed instructions from her, where she explained that she denied the allegation wholeheartedly. We began preparing representations, gathering character references and evidence which supported the client's account.
Once the case file was submitted to the CPS for review, they chose to take no further action after they realised that they did not have sufficient evidence to prove their case.

Molly Lafferty
Paralegal
Molly is joined Mary Monson Solicitors in November 2022, working within the Magistrates’ and Crown Court departments as an Administrator. Molly became a paralegal in October 2023. She has completed a Master's in Law, combining the LLB degree and LPC. She has also completed Police Station Accreditation.

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