Client Delighted Following Withdrawal of Allegations of Fraudulent Conduct
KANGS has successfully assisted our client, a company director specialising in the provision of IT services, defeat allegations that he had committed fraud by abusing his position, with the assistance of a contact within the police service, when seeking the award of police IT contracts.
The team at KANGS guided our client through a complex police investigation over a period of two years.
Nazaqat Maqsoom of KANGS explains how this successful outcome was achieved.
What Is Fraud?
The Fraud Act 2006 provides that a person is guilty of fraud if he is in breach of one or more sections scheduled, including Section 4 which states as follows.
A person is guilty of fraud by position if he:
- occupies a position in which he is expected to safeguard, or not to act against, the financial interests of another person,
- dishonestly abuses that position, and
- intends to make a gain for himself or another.
The Background to the Investigation
Our client had tendered for specific IT contracts to provide expertise aimed at improving internal police IT systems. In preparing those tenders, he received assistance from a contact within the police service.
The contracts sought by our client were awarded to him.
In due course our client was arrested at his home and, at which time a search warrant was executed resulting in electronic items, including laptops, being seized.
The alleged fraud centred around our client’s personal contact with an individual within the police force, and that our client had sought to gain an unfair advantage over competitors throughout the contract tendering process.
How We Assisted Our Client
Our client vehemently denied any involvement in fraudulent conduct and maintained that he had acted in good faith at all times.
In preparing for, and reviewing the material required to support detailed, written Representations to be served on the Prosecution, the team at KANGS:
- attended upon our client, taking detailed instructions as to the nature of the expertise he provided to the police, the background and operation of his business, and the involvement of his contact within the police force,
- collated and thoroughly examined all relevant documentation,
- attended our client on several occasions throughout this protracted investigation advising upon his position, the appropriate steps to take to oppose the allegations and all pertinent issues as the matter progressed,
- meticulously compiled and prepared Written Pre-charge Representations setting out our client’s opposition to the allegations. together with a bundle of carefully paginated supporting evidence.
The Pre-Charge Representations
It was essential that the Representations focused upon the untrue allegations of dishonesty and in so doing they contained evidence that:
- our client properly provided the contracted services and was entitled to believe that he was dealing with a reputable individual within the police service, who was acting under the authority of senior management,
- all contract tenders were applied for honestly and in good faith,
- there was clearly no dishonest conduct which could be attributed to our client,
- the Prosecution had failed to establish any prospect of conviction and that bringing criminal prosecution proceedings would not be in the public interest.
The Highly Successful Outcome
Once all of the comprehensive evidence produced by the team at KANGS had been examined and considered, the Police Officer in Charge of the case confirmed that the case would be closed, with ‘No Further Action’ to be taken.
Our client was, of course, absolutely delighted with the outcome stating that he was “really grateful for the service provided” and “appreciated KANGS keeping matters under review for so long.”
How Can We Assist You?
Allegations of dishonesty, whatever the nature, can have a serious and lasting impact for the individual concerned, as well as for their family, friends and business colleagues. When faced with allegations of fraud, robust and comprehensive response is essential.
This case highlights the importance of obtaining expert legal advice as soon as you become aware of any allegations. The team at KANGS was able to draw upon its extensive experience to establish our client’s innocence and overcome the allegations.
If the police execute a search warrant at your property and place you under arrest for the purposes of an interview under caution, or should you be asked you to attend a voluntary interview, it is important to seek legal advice beforehand.
For over twenty five years, KANGS has represented individuals facing allegations or charges across the full spectrum of fraud offences. This experience includes cases involving allegations of dishonesty across a number of different statutes and common law offences.
If you are facing allegation of a fraud, contact the team at KANGS using the details below as they will be delighted to hear from you:
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through video conferencing or telephone.
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