SFO SERIOUS FRAUD OFFICE - PROCEEDS OF CRIME ACT 2002

The Serious Fraud Office (SFO) which has jurisdiction over England, Wales and Northern Ireland but not over Scotland, the Isle of Man or the Channel Islands, is part of the criminal justice system which investigates and prosecutes complex fraud in addition to recovering illegally obtained assets using the Proceeds of Crime Act 2002. SFO cases always involve crimes with a large potential monetary value and frequently have an international dimension often with the involvement of cross border co-conspirators.

UK Criminal Lawyers is national network of criminal solicitors who specialise in the defence of serious charges relating to white collar crime and business fraud. Our lawyers have all been appointed to the exclusive Legal Services Commission Specialist Fraud Panel and are entitled to represent those charged with serious fraud using the legal aid scheme. Legal aid is available in court proceedings in the Magistrates' Court without a means test and in the Crown Court following a means test provided that the court is satisfied that the interests of justice are served by publicly funding a defence team.

Case acceptance criterion for the Serious Fraud Office depends on whether the suspected crime appears to be so serious or complex that its investigation should be carried out by those responsible for its prosecution. The SFO only takes on cases involving major and complicated fraud after consideration of numerous factors including:-

• the value of the alleged crime which will usually exceed £1 million
• the possibility of widespread public concern
• consideration of any significant international dimension
• does the alleged offence involve highly specialised knowledge
• does the case require use of the SFO's special powers to prosecute successfully

The fact that a case is referred to the SFO does not necessarily mean that the outcome is a foregone conclusion. Despite the massive resources of the SFO the conviction rate for cases handled by the SFO is less than two thirds of those prosecuted. Anyone convicted also has more than a possible sentence of imprisonment to contend with as the SFO is now aggressively targeting assets using the Proceeds of Crime Act 2002 and has set up a unit specifically to work out how to take away hidden cash which may in due course influence which cases the SFO decides to pursue.

Serious Fraud Office cases usually involve the analysis of numerous documents and records often following years of investigation by specialist teams of police officers and professionally qualified civilian experts. Our lawyers invest in the very latest technology to assist in all aspects of investigations and refer technical or specialist investigations on to expert witnesses in the relevant fields including forensic accountants and handwriting experts.

If you are being investigated by the SFO or have been arrested or charged with an offence you will need the help of an expert lawyer to ensure fair treatment. If you have been convicted and need advice on the Proceeds of Crime Act 2002 it is in your interests to be represented by a specialist who will give you clear advice on your legal rights. If you would like to talk to an experienced lawyer with no charge just use the help line. If after talking to us you decide not to take matters further you are under no obligation to do so and you will not be charged anything at all.

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