Fraud and litigation

 

Fraud litigation occurs in both civil and criminal law, though in the future it is likely that civil litigation for fraud will become more prevalent than criminal fraud litigation. For the time being however, it is criminal fraud litigation which is receiving the most attention. The reason for this is the passing of the Fraud Act 2006 which made it easier for fraudsters to be prosecuted. There are now many more fraud cases being brought to court and many more successes for the prosecution within the courtroom. The problem lies now with the increasing amount of fraud being committed in England and Wales and the insufficient investigation resources. In cases of credit and debit card fraud the consumer is encouraged to contact the bank rather than the police, despite the fraud obviously being a criminal issue.

Fraud litigation is notoriously long and complicated. Various bills have gone to Parliament attempting to take juries out of complex fraud trials, but as yet there has been no laws passed on this issue, probably because people still want judgement by their peers in an open environment, and by taking judges out of criminal courts this review by peers in open court is removed.

Criminal fraud litigation can occur in either the magistrates’ court or the Crown Court. If a case is indictable, it will almost always be heard in the Crown Court; however, if the case is triable either way, as some fraud offences are, then the case may be heard in the magistrates’ court.

If you would like to obtain legal advice on fraud, Contact Law can put you in touch with a specialist fraud litigation solicitor free of charge. So, if you have any questions or would like our help in finding fraud litigation solicitors please call us on 0800 1777 162 or complete the web-form above.

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