![AS_Health_&_Safety_and_Corporate_Crime_1900x544[1]](https://www.andersonstrathern.co.uk/wp-content/uploads/2023/09/AS_Health__Safety_and_Corporate_Crime_1900x5441.jpg)
Our financial solicitors act for clients in respect of all types of financial crime cases such as fraud, embezzlement, money laundering, tax evasion, bribery and corruption and cases under the Proceeds of Crime legislation.
Financial crime cases can often be evidentially complex, with large volumes of evidence. This means the time period from the initial report to conclusion can be a lengthy process but our Financial Crime team can provide early input and legal expertise, providing strategic advice and a robust defence.
Notwithstanding the seriousness of the offence, most cases involving financial crime will begin in the Sheriff Court. Depending on the nature and values involved, some cases will then be indicted into the High Court. Our legal team can provide you with expertise on the court process and provide representation whether the charges proceed in the Sheriff Court or in the High Court.
There are generally two types of fraud cases; civil fraud and criminal fraud.
In Scotland, fraud is a common law offence and is the bringing about of some practical result by the means of a false pretence. Fraud can encompass many forms such as pyramid (‘Ponzi’) schemes, VAT ‘carousel’ fraud, insurance fraud, benefit fraud and mortgage fraud. If you’re facing a fraud investigation or prosecution, our experienced fraud lawyers will be there to support you every step of the way. We help streamline the complex fraud legal process by working closely with you to achieve your desired outcome.
Is the fraudulent appropriation of entrusted property. Typically, individuals investigated for this type of offence are those in a position of trust over monetary funds such as treasurers or company secretaries, for example.
is dealt with under the Proceeds of Crime Act 2002 and is the concealment, disguising, converting or transferring of criminal property or being concerned in an arrangement in relation to the control of criminal property on behalf of another. The stages of money laundering are the placement, layering and integration of the funds.
The Proceeds of Crime Act 2002 provides authorities with the power to seek Production Orders, Search warrants, Disclosure Orders, Restraint Orders, Unexplained Wealth Orders.
These are applied for and used as part of the investigative process by authorities. There are certain requirements that must be met by authorities before seeking the orders. Production Orders that certain material be made available Confiscation Orders provide authorities in Scotland to confiscate money and assets that have been acquired through criminal activity. The Crown will serve a Statement of Information detailing the assets that they believe have been acquired through criminal activity. There is usually a difference in the benefit figure and the realisable figure in relation to the assets.
In contrast to the rest of the UK, in Scotland, there are no Deferred Prosecution Agreements (DPAs).
Unexplained Wealth Orders (UWOs) are made on an application of the Scottish Ministers to the Court of Session and orders that information is provided as to how certain property was obtained. To date, there have been no UWOs made in Scotland.
The Bribery Act 2010 encompasses offences such as the bribing of another person, the bribing of foreign public officials and the failure of commercial organisations to prevent bribery. If your company discovers bribery, legal advice should be sought immediately. In Scotland, COPFS operate a bribery self-reporting initiative for businesses that discover bribery or corruption within their organisation but where a company has self-reported this could lead to the matter being settled by way of a civil financial settlement rather than a criminal prosecution.
If you’re looking for financial crime advice, get in touch with our expert lawyers today. We provide a wide range of services in a cost effective manner, no matter how high profile the case.
Contact us on 0131 270 7700, visit our offices in Edinburgh, Glasgow, East Lothian, Shetland or Orkney, or fill in our enquiry form to request a call back.
"The legal team worked very well together; all ‘singing from the same hymn sheet’ and were able to fill me with confidence that I had their support throughout."
