Fraud investigation legal advice

Fraud can have devastating consequences for businesses, both financially and reputationally. If you suspect fraudulent activity within your organisation or in your business dealings, it's essential to take swift and decisive action.

We advise businesses investigating fraud and individuals facing a fraud investigation. We have specialist, experienced lawyers with a deep understanding of the complex legal issues, including :-

• Internal Fraud - investigating and addressing fraudulent activities within a business.

• External Fraud -  cases where a business suspects it has been defrauded by  external parties perpetrating fraudulent schemes.

• Employment Law – where employee fraud is suspected, employment law will also be highly relevant. It will be key to  ensure compliance with employee rights

• Data and Privacy -  data privacy issues and obligations that may arise during fraud investigations.

• Civil and criminal law overlap – Fraud is both a criminal offence and can result in civil claims for money. Tactics and strategy can be key in terms of the best approach.

Checklist for steps to take where you suspect fraud

• Employment Law issues -  Important issues for employers include ensuring that employees who report suspected fraud are protected from retaliation, the need to follow fair and transparent disciplinary procedures when dealing with employees involved in fraudulent activities and maintaining confidentiality to protect the reputation of the organisation and individuals involved. Ensure that any disciplinary actions are taken in accordance with your company's internal policies and procedures.

• Gather Evidence - document everything and keep a detailed record of any suspicious activity, including emails, phone calls, and financial transactions. Take steps to preserve any evidence that may be relevant to the investigation. Talk to employees who may have information about the suspected fraud. Ensure that evidence is gathered in a lawful manner so that it can be relied on in court.

• Conduct a thorough investigation

• Civil or criminal or both? - understanding the legal burden of proof required to establish fraud and familiarising yourself with the potential civil and criminal penalties associated with fraud.

• Data and Privacy Issues - complying with data protection regulations such as the UK General Data Protection Regulation (GDPR) when handling personal data during investigations. Ensuring that any electronic surveillance is conducted lawfully and with appropriate authorisation and notifying relevant authorities and affected individuals of any data breaches related to the fraud.

• Insurance Coverage – review your insurance policies to determine if they provide coverage for fraud-related losses.

• Forensic Accounting – expert evidence is almost certainly vital to analyse financial records and identify fraudulent activities.

• Public Relations - develop a public relations strategy to manage the reputational impact of fraud allegations.

• Report the Fraud - consider reporting the alleged fraud to the police and/or appropriate law enforcement agency.

Solicitors for fraud investigation

By working with our experienced team of lawyers, you can navigate the complexities of fraud investigations effectively and protect your organisation's interests.

We also advise and represent employees being investigated for fraud and other individuals or organisations being investigated as we have a lot of experience in defending investigations and allegations.

Please do contact us today to schedule a consultation.