Facing an allegation of fraud by abuse of position can impact your career and reputation
Such allegation can cause distress and confusion. People can have concerns of reputational damage, losing assets, or even going to prison.
Fear of the unknown can cause anxiety. That can result in difficulty in focusing on finding a way through. This can be made worse without the understanding of colleagues and family, or without even knowing where to go for professional advice.
Our fraud lawyers are here to support. With our experience, we work at every stage to achieve the best outcome possible for you.
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Facing a fraud by abuse of position case is emotionally tough
Being accused of Fraud by Abuse of Position can feel alarming. It is a complex and emotionally draining situation because it calls your character and integrity into question, with work colleagues, family and friends.
Being wrongly accused makes it even more distressing, as you may struggle to prove your innocence while facing significant legal and financial pressures.
If you're accused of mishandling assets the legal consequences can be severe. This can include imprisonment, damage to your reputation and the end of your career, which is something that can make your emotional, family and daily life seem impossible to navigate.
A person accused of Fraud by Abuse of Position may feel that just getting through the day or even spending time with family and friends becomes difficult.
The process can be long, and people can feel powerless as it continues, because they feel they can't do anything to improve an ongoing frustrating situation.
Complexities of defending fraud by abuse of position cases
The stigma that can go with this type of case can lead to strained relationships. This can be a burden that police or even lawyers don't appreciate.
These cases can also feel personally and professionally violating. Officers often dig into a suspect's life. Even family members' or friends' finances can be investigated.
Knowing how to find the right lawyer, who is both technically skilled and experienced, but also non-judgemental, is not always easy fro someone who has no experience of these cases.
When a person is not guilty, there can be a temptation to trust the police and not have a lawyer present. It can then be a surprise when officers are judgmental, even if there is a straightforward explanation.
Fraud by Abuse of Position often suggests a betrayal of an employer or person being looked after. The feeling of being accused as a result of putting yourself in a position where you take responsibility for a company or an individual's finances can seem unfair and unjust.
Building a strong defence and protecting your future
Although the situation may seem bleak, it is possible to build a strong defence with the right support.
An experienced lawyer will:
Listen carefully to understand the specific circumstances and issues in the case;
Empower you and work with you to take control of the direction of the investigation;
Challenge the police or other investigating authority with the intention of undermining the prosecution case;
Consider advancing your defence at an early stage to try and agree a resolution;
Work with forensic and financial experts to gather evidence and demonstrate that your actions were lawful, ethical, or based on a misunderstanding.
If the offence is admitted, prison is not always an inevitability. With a clear approach and expert guidance, you can fight to protect your rights, reputation, and future.
It is important to have the right team in place to help you feel less overwhelmed, confused, isolated and vulnerable.
How Mary Monson Solicitors can defend fraud allegations
Defending a Fraud by Abuse of Position charge requires more than just legal knowledge — it demands a planned and personalised approach. We listen to you from the beginning to understand what really went on, and then we plan a tailored defence strategy so that we can convince prosecutors or the court of your side of the story.
Our specialist team is experienced in handling complex fraud cases. We can expertly guide you through the process from the very beginning.
We use our extensive knowledge of fraud law to carefully consider the evidence against you, undermine the prosecution case and try and reach an early resolution wherever possible.
If the matter is already headed for trial, we bring in top financial and forensic experts to expose the weaknesses in the prosecution case and prepare the defence for court.
Taking immediate action to defend yourself
Do contact a specialist solicitor immediately. An expert fraud lawyer can analyse your case and plan ahead.
Call us, and speak to one of our specialist abuse of position fraud lawyers. We will always find time for a chat.
Try to secure documents which may help you later. It's a good idea to preserve financial records, emails, and any evidence that supports your defence.
Consider going to your GP. if you are not sleeping or suffering severe anxiety. GPs are used to dealing with people who are facing difficult life situations and can often help.
Don't speak to police or investigators without a solicitor present. It's a mistake to assume that officers are on your side, simply because you know you've done nothing wrong.
No-tricks fixed-fee pricing
We can usually offer a fixed fee instalment plan so you can plan for the expense, and so you can fund your case in stages while it is continuing.
Private representation
Once we have an idea of what kind of case you are facing and what work that will be necessary, we will then be able to provide you with a fixed fee quote. This means that you know before you commit how much your case will cost.
What's included?
Frequently asked questions
What does fraud by abuse of position mean?
Fraud by abuse of position occurs when someone in a trusted role uses that position to dishonestly benefit themselves or another person, to the detriment of someone else. This typically involves situations where the accused has been entrusted with power, authority, or responsibility—such as in a job managing finances, handling assets, or making decisions that affect others. By abusing that position of trust, they are alleged to have committed fraud, either by misappropriating funds, making decisions that unfairly benefit themselves, or causing financial harm to the person or organisation they were supposed to protect.
Will my mobile phone and computer be taken if i am accused of fraud by abuse of position?
If you are accused of fraud by abuse of position, it is likely that your mobile phone and computer would be seized as part of the investigation. The investigating authority may believe that these devices contain evidence, such as financial transactions, communications, or documents, that are relevant to the alleged offence. Seizing electronic devices is a common practice in fraud investigations, especially if they are thought to hold crucial information.
The police will generally obtain a search warrant to legally seize these items. If this happens, you should inform your solicitor immediately. They can advise you on your rights and ensure the police follow proper legal procedures.
Will I lose my job whilst I am under investigation for fraud by abuse of position?
Whether you lose your job while under investigation for fraud by abuse of position depends on your employer’s policies, the nature of your role, and the specifics of the accusation. In many cases, employers may suspend you from work while the investigation is ongoing, particularly if your role involves financial management or handling sensitive company assets. This suspension is usually precautionary and not an admission of guilt.
However, in some instances, an employer may choose to terminate your employment, especially if the allegations are directly related to your position or if the investigation damages trust. It’s important to seek legal advice as soon as possible, not only to defend yourself in the criminal investigation but also to address any employment issues that may arise. Your solicitor can guide you on how to handle communication with your employer and protect your rights during this difficult time.
Will I go to prison if I am convicted of fraud by abuse of position?
The offence has a range of sentencing possibilities, from a conditional discharge and fine through to a period of imprisonment. For the most serious of cases, the maximum sentence is 10 years imprisonment. A judge will have to consider a number of factors prior to determining the sentence, such as the level of culpability, harm, amount of money concerned and impact on the victim.
Whilst under investigation, assets might be held under restraint, and if convicted, proceeds of crime proceedings will follow concerning the confiscation of assets.
In certain circumstances, a period of disqualification from holding the office of company director might also be considered appropriate.
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We'll get back to you as soon as possible. We are happy to speak to you if you have a query, and either have a free consultation on the phone or in person if necessary.