Identity fraud refers to the unlawful use of someone else's identity for personal or financial gains. This can include a range of activities, such as using someone else's credit card details to make fraudulent purchases or applying for legal documents using their personal data. Employing a stolen identity in this way is a serious crime and, if convicted, there can be severe sentences. If you are accused of identity fraud or placed under investigation, speak to one of our specialist criminal defence solicitors as soon as you can.

Identity fraud and identity theft are related concepts but are not exactly the same, as each term refers to a different way that personal information may be misused. Identity theft refers to the act of obtaining someone else's personal information without their consent. This can include stealing names, addresses, bank account details, National Insurance numbers or other personal details. The primary goal of identity theft is to acquire personal data, which may then be sold. This is related to data breaches and other internet frauds.

Identity fraud involves using stolen personal information to commit fraud. This can include activities such as opening bank accounts, applying for credit cards, securing loans, or making unauthorised purchases. The primary goal of identity fraud is to gain financial or personal benefits by misusing someone else's identity.

Such cases can become extremely complex, and there are a variety of charges you might face if investigators believe you have been involved in fraudulent activities. As such, it is vital to speak to a solicitor who can help you to understand your position and the legal options available to you. JMW can help you to comply with investigators and prepare the best defence possible in your circumstances.

Several organisations and agencies are able to investigate identity fraud, including those engaged in law enforcement, financial security, and consumer protection. These organisations may launch individual investigations or work together to tackle identity fraud in a combined way. An identity fraud investigation may involve any of the following authorities:

• Serious Fraud Office
• National Fraud Intelligence Bureau
• Financial Conduct Authority
• Information Commissioner's Office
• Banks, credit card companies and other financial institutions
• National Cyber Security Centre
• HM Revenue and Customs
• Local police forces

If you are facing allegations or an investigation by any of these authorities, you should instruct fraud solicitors immediately. Our expert solicitors will work to ensure your rights are upheld during every stage of an investigation and that you receive robust representation throughout any criminal proceedings.

Proving identity fraud involves a detailed and methodical approach by the authorities. They must gather and present evidence that demonstrates not only the perpetrator's actions, but their intent. The process of a fraud investigation typically begins with investigators collecting evidence to prove that the fraud took place, such as:

• Bank statements, credit card transactions, loan applications and other financial paperwork 
• Any false or forged identity documents (such as passports, driving licences, and utility bills)
• Communication records like emails, text messages, and others
• Digital evidence gathered by analysing computers, smartphones, and other devices, or by tracking the IP addresses and online activities of the suspect. This might include any private information about the victim stored on these devices or communications about the situation.

As well as these types of physical and digital evidence, investigators will speak to any witnesses to the events. You may be invited to attend an interview under caution on a voluntary basis, may be arrested or, in some cases, compelled to attend. Attending such an interview can be a stressful experience and they can carry significant consequences. It is important to seek representation from an expert solicitor before attending an interview.

Authorities will usually work with banks, credit card companies, and other financial institutions to trace fraudulent transactions and accounts opened in the victim's name. They may speak to forensic experts and have them analyse evidence and provide testimony on how the identity fraud was committed.

As such, proving identity fraud requires a multi-faceted approach that involves gathering comprehensive evidence, employing investigative techniques, and building a strong legal case. However, the complexity of this process means that there are many different ways that an experienced solicitor can defend against accusations of identity fraud - for example, by challenging the evidence presented or the manner in which it was collected.

Identity fraud is a serious offence and those found guilty can face substantial sentences. This includes up to 10 years' imprisonment, an unlimited statutory fine, and a confiscation order designed to recover any financial benefit obtained through fraudulent activities. An experienced solicitor will use their expertise to present mitigating circumstances during sentencing and ensure that sentences are not unfairly imposed.

The team at JMW is recognised in independent legal directories for their expertise in this area and represents clients involved in fraud cases or accused of committing fraud. Our expert fraud solicitors provide a range of services, including legal advice, representation, and support throughout the investigation and any court proceedings that follow.

During our initial consultation, we will assess the details of the case, including the nature of the alleged fraud, the evidence available, and the client's circumstances. If you decide to instruct us at this stage, we will provide clear and concise legal advice on the potential outcomes and legal options and begin to develop a defence strategy for the case.

We provide pre-charge representation during police interviews, prepare each client for questioning and advise them on how to respond. During the interview, we help clients to understand their legal position, support them to comply with investigators (if required) without incriminating themselves, and protect their rights at all times. If the case proceeds to court, we will continue to represent the client during these proceedings and present their case in the strongest possible way.

In building your defence, we may work with a variety of independent experts, including forensic accountants and digital forensic investigators who can examine and challenge the prosecution's evidence. JMW will always take the time to understand your case in as much detail as possible, to make sure we consider every angle and build the strongest possible defence. No matter the type of allegation or investigation you are facing, our expert criminal  solicitors will always ensure that your rights are protected and work diligently to achieve the best possible outcome in your cases.