Investment Fraud Lawyer

If you or your business have been accused of operating fraudulent investment schemes, the expert solicitors at JMW can offer you comprehensive and vigorous protection. Charges for being found guilty can be very serious, including hefty fines and even prison sentences, so it is important you have access to a legal team highly experienced in this area of law.

We have extensive knowledge of the law around fraud and a track record of success in defending individuals accused of related offences.

To speak to a solicitor about allegations of fraudulent investment, get in touch today by calling 0345 872 6666 or by filling in our online enquiry form.

Our Investment Fraud Services

JMW is able to provide assistance and guidance at any stage of a fraudulent investment scheme investigation. An allegation of investment fraud will usually arise against someone who may have made promises to investors, assuring them that they will make a lot of money but, in fact, investors have been repaid with their own cash or money invested by others in good faith.

Allegations of this type are very serious and anyone facing such will require expert legal help, such as that provided by JMW. Typical schemes might include:

• Ponzi schemes or pyramid investments
• Land banking schemes
• High-yield schemes

If facing allegations of involvement in such schemes, we can help by:

• Advising you during interviews held under caution
• Responding to any dawn raids
• Developing legal arguments
• Building your case and obtaining defence evidence

All investment schemes are regulated by the Financial Conduct Authority, which is aware of all of the firms who are legitimately able to offer investment schemes to the public. All regulated investment activity must comply with The Financial Services and Markets Act 2000.

Regulated activities include:

• Accepting deposits
• Managing investments
• Advising investments
• Establishing certain types of pensions
• Advising on home finances/arranging home finances

We can advise on any such matter and help you to construct a robust defence against the allegations made against you.

Meet the Team

Why Choose JMW?

JMW has helped many people to successfully defend against allegations of operating fraudulent investment schemes. The vast majority of our clients are legitimate individuals and firms who became unwittingly involved with a fraudulent investment scheme. 

Because of the complex nature of such cases, it is often vital to put together a comprehensive defence team comprising solicitors as well as other experts. We can help you form the strongest possible team, which may include financial service experts, electronic evidence experts and forensic accountants.

We provide specialist advice at every stage of an investigation and we have represented those working in a variety of financial industry roles, including stockbrokers, mortgage advisors, credit unions and insurance managers. We can help clients from right across the UK. 

What happens when the authorities suspect investment fraud?

When UK authorities suspect investment fraud offences have taken place, they will typically launch an investigation. There are various organisations that are empowered to carry out these investigations, including Action Fraud, the National Crime Agency, the Serious Fraud Office and the Financial Conduct Authority. These authorities may work together on complicated cases, or those that take place across multiple jurisdictions. The National Crime Agency hosts the National Economic Crime Centre, which co-ordinates serious or complex economic crime investigations between relevant authorities.

The investigation

Typically, the process starts with a report of a potential investment fraud scheme being made to Action Fraud or another authority. Action Fraud acts as a national reporting centre, which means that it does not investigate fraud itself. Instead, it passes reports to the City of London Police's National Fraud Intelligence Bureau, which analyses reports and pushes viable cases to local forces or specialist units. These reports may be made by victims, financial institutions or others.

When a case is assigned to a particular authority, it will work quickly to seize evidence. This may involve dawn raids, where investigators attend one or more premises (potentially including businesses and private residences) early in the morning to collect evidence. Authorities may also seek account freezing orders (AFOs) to prevent assets that could be connected to the investigation from being withdrawn, disseminated or accessed.

It is important to instruct an experienced investment fraud lawyer at this stage, as any accusation of deceptive practices or serious fraud offences can have significant consequences. Even for lesser types of investment fraud, the penalties can be severe, and it is important to start building your defence while an investigation is still underway, before any formal charges are brought.

Each of the organisations above has different powers to investigate investment fraud claims and regulations they must follow, and it is vital that any evidence-gathering exercises are monitored for compliance. A solicitor from JMW's investment fraud team can support you by attending dawn raids, representing you in interviews with the police or other authorities, and reviewing any evidence that is used to prosecute you to find inconsistencies or procedural errors.

The experienced investment fraud lawyers at JMW can also help you to seek a variation or discharge of an AFO. This type of court order can completely restrict your access to your funds, which can make it hard to afford daily living expenses or business cash flow reserves without taking the necessary legal steps to have the order varied.

Some organisations can compel documents and answers to questions when conducting interviews during investigations. It is important to have a legal team in place to represent you during interviews, and to help you comply without incriminating yourself. Interviews may be held under caution or compelled, but legal advice can make sure you understand your rights and obligations.

The charging decision

The relevant authority will pass the evidence they have gathered to the Crown Prosecution Service. The organisation will decide whether there is enough evidence to charge the relevant parties with investment fraud, and whether it is in the public interest to do so. Charges will usually be brought under the following legislation:

• The Fraud Act 2006. This is the most common route for charging, especially where the alleged conduct involves deception or false representation. The main offences are:
• Fraud by false representation, which involves making a statement (express or implied) that is untrue or misleading, intending to cause loss or make a gain.
• Fraud by failing to disclose information where there is a legal duty to disclose.
• Fraud by abuse of position, where someone is expected to safeguard another’s financial interests but exploits that position.
• Obtaining services dishonestly.
• The Proceeds of Crime Act 2002. This may be used to recover investment losses and other funds that are found to be the proceeds of criminal activity. It also covers various offences related to possessing, concealing, disguising, converting, transferring, or removing criminal property, which may include stolen funds.
• The Companies Act 2006. This may apply where company officers are involved in dishonest conduct linked to investment schemes, and result in an offence of fraudulent trading or falsification of company accounting records.
• The Economic Crime and Corporate Transparency Act 2023. This introduced an offence of "failure to prevent fraud" with which companies may be charged. An organisation may be guilty of this offence if an associated person (such as an employee, subsidiary or anyone performing services for the company) commits fraud that benefits the organisation. The defendant must be able to show that reasonable fraud-prevention procedures were in place. This means that a fraud investigation into an individual can have serious implications for companies and other organisations with which they are associated.

The common law offence of conspiracy to defraud may be used for complex, multi-party frauds where the Fraud Act cannot be neatly applied. 

If charges are brought, investigators and prosecutors will continue to build their case. They may instruct forensic accountants to trace the origins of funds, analyse company accounts and other documentation, or collect victim statements. Your own solicitor should review this evidence and collect their own evidence in your defence during this process.

Trial

If you plead not guilty, your case will proceed to trial. Your solicitor will instruct a barrister to represent you and present your defence before a judge. In some cases, pleading guilty can result in a better outcome, and your solicitor will advise you if this is the case. This is because penalties can be more severe when you are found guilty in court. The maximum sentence for some of the offences listed above is up to 10 years in prison and an unlimited fine upon conviction. Regulatory penalties may also be applied, such as prohibitions from acting as a company director or in a financial capacity in the future.

You may also face confiscation hearings, where prosecutors will seek confiscation orders to recover any funds that they believe are the proceeds of an investment fraud scheme and return them to victims who lost money. It is important to work with a solicitor with experience in  confiscation and civil forfeiture. At JMW, our team has a wealth of experience at all stages of a criminal fraud investigation and prosecution, including presenting mitigating factors to minimise penalties during sentencing and representing your interests in confiscation proceedings.