Boiler room fraud

To discuss your requirements please contact Jeremy Scott on 07971520407

An accusation of boiler room fraud is a serious criminal matter and one that can have devastating consequences, even for a legitimate business if it becomes embroiled in an investigation. There is an increasing appetite on behalf of regulators and enforcement agencies to make examples of individuals or companies participating in frauds of this kind, so custodial sentences are common and lengthy if those accused are found guilty.

This hostile environment makes for a challenging landscape even for legitimate investment companies or stockbrokers, who may wrongly fall under the spotlight of the FCA or the Police. If you are facing investigation for boiler room fraud, you need an experienced, pro-active, and dynamic defence team in place quickly to give you the best chance of avoiding prosecution, or to provide a detailed and robust representation of your defence, if you face court proceedings. The reputational damage of an accusation of boiler room fraud can be disastrous.

Lupton Fawcett’s Criminal Law & Regulatory Defence team has over 30 years’ experience defending clients in complex, high value fraud & investment fraud cases. We are proud of our reputation for tenacity, creativity, and an ability to win cases other firms may lose. If you stand accused of boiler room fraud, contact us and we will construct the most effective defence possible.

If you have been asked to attend an interview, or face charges of boiler room fraud, then call our financial crime experts as soon as possible. When the stakes are high, our privately funded fraud defence solicitors deliver the very best results.

Boiler room fraud refers to a specific type of activity whereby a group of salespeople sell shares in companies which either do not exist or which are greatly over-valued. It is a form of unlicensed share trading. Typically, these sales calls are made using highly persuasive, even aggressive, tactics and often target vulnerable members of society.

These frauds can be extremely sophisticated, employing professional looking marketing materials to promote the shares being sold. Often, these companies are presented as being on the verge of a significant discovery or breakthrough which will result in vast profits. Great effort and expense are often put into making these frauds as convincing as possible. Ultimately though, the shares are worthless, and investors lose most, if not all, of their money. Estimates vary, but it is claimed the average victim loses more than £20,000.

For these reasons, the authorities often feel the need to make examples of individuals accused of boiler room fraud. Penalties are severe and usually well publicised in the media, meaning the reputation of the accused suffers as well, even when that person is wrongly accused.

Our Boiler Room Fraud Solicitors are specialists in assisting individuals or businesses accused of boiler room or share investment fraud. Department head, Jeremy Scott – has over 30 years’ experience in criminal defence and has been involved in a wide range of investment fraud cases.

Our goal in any boiler room fraud investigation is to manage the case so that all charges may be dropped, if possible, with little impact on your personal and professional life or your business, depending on your situation. Where that is not possible, and you face criminal court proceedings, rest assured, that you have the best expertise on side to fight your corner.

Boiler room frauds are complex schemes, typically involving large numbers of people from the sales team and floor managers to IT and marketing professionals, all of whom are open to being lured into unwittingly participating in the enterprise by impressive, credible looking websites and promotional material.

Innocent, legitimate professionals are sometimes implicated in boiler room fraud investigations and stockbrokers and bankers can find themselves accused of participation in schemes without their knowledge. Often, the salespeople involved have been recruited by those committing the fraud and are carrying out their role in good faith. We ensure that, in these circumstances, we work on the sole objective of having the case dropped without damage to your professional reputation.

We provide the very best criminal defence available. We work exclusively on a ‘privately funded’ basis and do not provide legal aid support for criminal defence.

A conviction for boiler room fraud is serious and is likely to result in a prison sentence. The court will consider the level of involvement in the fraud and the harm caused to the victim. Substantial fines are also often handed down following a boiler room fraud conviction.

It is possible other penalties might also be imposed, such as financial reporting orders and disqualification from being a company director, which can have a devastating impact on an individual’s chances of further employment. Confiscation and deprivation orders are also regularly used in cases of this type.

It is typical for a boiler room fraud investigation to have an international element, as many such schemes are connected to overseas locations, often Spain or the USA. The Serious Fraud Office (SFO) has sweeping powers in such investigations to use restraining orders to freeze assets. The consequences on a business or individual can be significant, so it is vital you get the right advice as soon as possible if you are accused of boiler room fraud.

Usually, boiler room fraud investigations are based on the law of conspiracy to defraud. Legally, a conspiracy means an agreement between people to commit an offence. The prosecution must be able to show both the agreement and dishonesty to secure a conviction. If there is insufficient evidence of either element, it is likely we can get your case dropped, a result we achieve on many occasions.

The first stage of a boiler room fraud investigation, and potentially your first awareness of the scheme, is, in most cases, a request to attend a police interview. Although it is likely to be voluntary at this stage, anything you say in the interview can be used as evidence later in the investigation. As such, we always advise you to have legal representation at an interview.

We are available 24/7 to support our clients, and we have decades of experience in interview rooms. We understand these situations can be intimidating and stressful – we will be by your side to advise you and to ask the necessary questions to get a full picture of the evidence against you.

Investigators in a boiler room fraud case will utilise all measures to secure evidence of guilt, which includes searching your home and commercial property. They might even apply for a search warrant to search the property of your family members. Again, this can be a difficult and stressful situation – we understand the pressures of these events and will use our experience to support you through them, as well as defending your rights in the investigation.

Right from the outset of an investigation, you need a legal team willing to challenge the evidence and strategies of the investigating agencies. Our experience in defending cases brought by the Fraud squad, HMRC, the City of London Police and the Serious Fraud Office means that we know how to deal with them and we’re used to going into battle on behalf of those we represent. We understand you may need to maintain an ongoing relationship with these agencies, so we know how to successfully oppose them without damaging future prospects.

Our advice, as well as being technically precise and astute, is always grounded in commercial reality. If the integrity of your brand and business are called into question by an alleged association with a boiler room fraud, we understand you need to continue operating as normal while the investigation proceeds, whilst also emerging professionally unscathed following any involvement with such an investigation.

If your personally stand accused of boiler room fraud, we have the experience and technical qualities to act quickly to protect your life and liberty.

We have acted on some of the most complex boiler room fraud investigations, and we understand how these schemes work. Our team has defended those accused of organising boiler rooms, floor managers, IT and marketing professionals, and members of sales teams. We know how these enterprises are organised and the different, often highly distinct, departments within the boiler room. It is often the case that different departments have little or no knowledge of the overall scheme.

Importantly, we also know when and how to put together the most formidable defence possible, including assembling a team of the most relevant experts to ensure that we can challenge and negotiate effectively with prosecutors and investigators. We have relationships with the best barristers and expert witnesses to enhance your defence and extract the desired signals from all available evidence.

Whatever your level of involvement, our goal is to remove as much of the stress from your fraud accusation as possible. We will provide our renowned pro-active and dynamic service to ensure you receive the best protection possible.

Our expert Boiler Room Fraud Solicitors, headed by Jeremy Scott, are renowned for their strong success rates in challenging investment fraud cases.

We will handle your case with the utmost sensitivity, we’ll take decisive action, and where at all possible we’ll aim to make your problems simply go away.

As a leading Financial Crime department in one of the UK’s leading full-service law firms, our Boiler Fraud Solicitors in Leeds, Sheffield and York work to help clients accused of share investment fraud from all parts of England & Wales.  We’ve successfully represented clients in London, Birmingham, Manchester, and in other major crown courts across the country.

We provide an expert level of advice, advocacy and representation to people and businesses facing allegations of this nature and we work only on a privately funded basis.

If you are facing a threat to your reputation or liberty from charges for fraud, talk to our team now.  We have the technical legal ability and the time-served experience to help secure the best outcome, even when things seem at their worst.