Our client, having been the subject of a lengthy investigation conducted by the Police and HMRC Officers since 2014, as part of Operation Shaker, was summonsed to appear before Derby Magistrates’ Court.
Suki Randhawa of Kangs Solicitors, who has twenty years’ experience defending prosecutions of this nature, outlines the events.
The Circumstances| Kangs Financial Fraud Team
- The investigation was conducted by the Serious Fraud Team in Liverpool and included statements from HMRC Tax Investigators, Forensic Accountants and many others.
- Once the Police had concluded investigation into offences involving the cultivation of cannabis, HMRC searched our client’s property and seized numerous bundles of paperwork which included personal and business bank statements.
- HMRC maintained that our client had not declared Income Tax for a significant number of years and had also failed to pay the correct amount of VAT.
- Our client had been interviewed on numerous occasions, having previously been represented by another firm of Solicitors at that stage.
The Court Hearings | Kangs Magistrates’ Court Solicitors
- The Crown contended that the case should be allocated to the Crown Court as the sentencing powers at the Magistrates’ Court were insufficient, the implication being that the Judge should consider a custodial sentence of at least twelve months.
- Despite the Crown’s contention, Kangs Solicitors persuaded the District Judge to retain jurisdiction and hear the matter in the Magistrates’ Court.
- As expert accountants had confirmed to our client that he was liable for the Income Tax and the VAT as put forward by the Crown, we notified the District Judge and managed to secure for our client the benefit of a twenty five per cent credit against his sentence even though a very late plea had been entered by him.
- Furthermore, we were successful in persuading the District Judge to retain sentencing within the Magistrates’ Court and impose a non-custodial sentence.
The Outcome | Kangs Fraud Defence Team
Our client received a Community Order with requirements, and he was, naturally, ecstatic that he had retained his liberty, particularly in view of the fact that the Crown was seeking a custodial sentence.
How Can Kangs Solicitors Help? | Kangs Specialist Fraud Solicitors
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