This can involve the most complex type of fraud as a result of HMRC or VAT investigations. HMRC have the power to freeze bank accounts under Proceeds of Crime Act 2002 which can cause huge difficulties for businesses and therefore it is important that anyone accused should obtain early legal advice.
Carousel/MTIC frauds have historically involved businesses involved in the importation of high value technological products from EU countries.
The goods are bought initially from the EU VAT free and are sold on by UK traders at VAT inclusive prices. Further down the chain the original trader disappears, failing to account for VAT to HMRC and the goods are subsequently sold back to another EU country, with the exporter reclaiming the VAT from the HMRC.
Although much has been done by the UK Government and HMRC over recent years to prevent the abuse of this system including the implication of the reverse charging mechanism, many current investigations and prosecutions involve allegations of offences that took place many years ago.
These types of frauds often involve legitimate businesses who are targeted by the perpetrators as this helps to avoid suspicion and therefore honest traders can find themselves caught up in this fraud, just by carrying out their usual business. Further, traders who started to import high value goods can also find themselves subject to an investigation and will need early advice and assistance.
VAT fraud can also include under reported sales and submitting inflated refund claims to HMRC. The most common way to carry out VAT fraud is by requesting cash payments when VAT should be applied to that service, or asking for payment to be made to another person, as well as the business not registering for VAT as required.
The penalties for VAT fraud can be significant, as well as a maximum prison sentence of ten years there are other penalties, such as director disqualification, a fine, confiscation proceedings and a financial report order. All of these can have a significant impact on the individual and their business and therefore it is important to seek advice early.
Operating nationwide Cunninghams are a leading firm in fraud work according to the Legal 500 and Chambers and Partners guide to the UK Legal Profession and have been specialising in this work for over 30 years resulting in an enviable network of experts, forensic accountants, QC’s and senior barristers to draw upon in tailoring your defence team.
All our serious casework is led by a director with who you will have direct contact. If you are being investigated or have been charged with VAT fraud it is important not to delay. Contact us and you will receive immediate expert advice from an experienced fraud defence lawyer.
Diversion Fraud
The firm has significant experience in dealing with cases of fraud involving dutiable goods such as cigarettes and alcohol. We also represent defendants accused of the importation of prohibited products and recently acted for the acquitted defendant in what was at the time the UK’s largest case involving the illegal smuggling of NATO firearms.
Those who can become embroiled in such allegations are not only the owner of the goods, but also the transportation companies and the employees involved in the movement of goods.
Income Tax Fraud
Tax investigations by the HMRC into your personal tax affairs can sometimes be very judgemental. Good accountants can often resolve these matters at an early stage, but if you are prosecuted or become the subject of a criminal enquiry clients are in need of expert legal advice. Working with your existing accountant, or indeed employing the services of specialist accountants, our aim is to draw a halt to any criminal proceedings as soon as possible and to defend your position vigorously should HMRC persist.
If you have been accused of VAT or Tax fraud it is essential that you get immediate legal advice. We provide advice and representation nationwide to those suspected of, or charged with diversion fraud, MTIC, carousel fraud and income tax fraud. Call our experienced team on 0800 328 8846 for immediate assistance or via an online enquiry. In our experience, seeking advice at an early stage of an investigation can dramatically reduce the chances of a prosecution being brought against you.
Cunninghams are regularly asked by clients to take over their case from Solicitors that they have previously instructed.
This can happen at any stage of an investigation or prosecution.
There can be many reasons for this. Their existing solicitor may feel that for professional reasons they can no longer continue to represent their client, they may no longer feel that they have the necessary expertise or they may no longer be allowed to represent their client in respect of a particularly serious case because they are not members of the VHCC panel. In some cases, a client’s relationship with their solicitor has simply broken down, or they have lost complete confidence in their solicitor’s ability to represent them properly. Some clients feel that transferring representation will be an awkward, embarrassing or difficult process, and for cases which are publicly funded there are strict criteria which must be present before a case is transferred to another solicitor.
At Cunninghams we are used to dealing with such enquiries and can reassure clients that any transfer of their case will be smooth, free of embarrassment and always in their best interests.
Operating nationwide Cunninghams are a leading firm in fraud work according to the Legal 500 and Chambers and Partners guide to the UK Legal Profession and have been specialising in this work for over 30 years resulting in an enviable network of experts, forensic accountants, QC’s and senior barristers to draw upon in tailoring your defence team.
All our serious casework is led by a director with who you will have direct contact. If you are being investigated or have been charged with VAT or Tax fraud it is important not to delay. Contact us and you will receive immediate expert advice from an experienced fraud defence lawyer.
Our initial advice is always free of charge, Contact Us on 0800 32 888 46 or make an on-line enquiry.