Fraud Solicitors Glasgow & Scotland

What Is Fraud in Scotland?

It can arise where dishonest or deceptive conduct is alleged to have induced another person to act to their prejudice. The precise facts and legal basis of the allegation must be examined in each case.

Fraud does not have to involve physically taking property. Cases may concern false representations, financial transactions, misuse of identities, business dealings, benefits, investments, insurance or online activity.

Recent Scottish prosecutions show fraud charges can involve false pretences used to obtain goods or money, identity fraud and large volumes of financial and digital evidence.

A solicitor can explain the exact charge you face and what the Crown must prove.

Types of Fraud Cases We Defend

Keith J Tuck Solicitors advises clients facing a wide range of financial crime allegations, including:

Some cases may involve more than one alleged offence or conduct under both common law and statute.

The financial value of an allegation is only one feature of a case. The period of alleged conduct, number of transactions, number of complainers and evidence of planning may all be relevant.

What Should I Do If I Am Accused of Fraud?

Fraud Investigations and DWP Cases

Some fraud investigations begin long before a person is charged.

Police Scotland, the Department for Work and Pensions, local authorities or other agencies may gather information before a report is submitted to the Crown Office and Procurator Fiscal Service.

Benefit fraud investigations may involve questions about entitlement, declared income, household circumstances or information supplied during a claim.

A criminal defence solicitor can advise on the investigation without assuming that prosecution is inevitable.

What Evidence Is Used in Fraud Cases?

Fraud cases often depend heavily on records rather than a single incident. Evidence can include:

Large cases can contain thousands of documents or extensive digital material.

COPFS recently reported a major embezzlement prosecution involving more than 500 witness statements alongside extensive documentary and digital evidence. This illustrates how evidence-heavy financial crime proceedings can become.

Your solicitor can assess that material against the charge and your account.

Can a Solicitor Ask the Procurator Fiscal to Review a Fraud Charge?

Yes. A defence solicitor can communicate with the Crown and make representations where there is a proper basis for doing so.

The current Prosecution Code requires prosecutors to consider whether there is legally sufficient evidence, a realistic prospect of conviction and whether action is in the public interest.

Your solicitor's role is to identify relevant legal and evidential issues and put forward representations where appropriate, rather than promise that a charge will be withdrawn.

What Happens If a Fraud Case Goes to Court?

The procedure depends on the seriousness and circumstances of the allegation.

Fraud trials may involve detailed examination of financial records, expert evidence, business arrangements and communications between multiple people.

Your solicitor can explain the court procedure and prepare the defence around the evidence actually relied upon.

What Are the Possible Consequences of a Fraud Conviction?

The sentence depends on the offence, financial value, duration of the conduct, role of the accused, level of planning and other circumstances.

Available sentencing options can include:

Serious fraud can result in substantial custodial sentences. Recent COPFS cases include High Court prosecutions resulting in multi-year prison terms.

Financial crime convictions can have consequences outside the criminal sentence. Employment, professional regulation, directorships or financial matters may be affected depending on the circumstances.

Proceedings concerning the proceeds of crime may arise in appropriate cases.

Frequently Asked Questions