What is Fraud?
Although the term “fraud” is often used, it surprisingly does not appear in the Criminal Code. “Fraud” should therefore be seen as an umbrella term to describe a group of offenses. These are usually financial crimes; punishable acts where a person or company suffers financial disadvantage.
What are the most Common Types of Fraud Lawyer?
Fraud can include:
- Tax fraud
- Investment fraud
- Welfare fraud
- Computer fraud
- Exam fraud
- Bankruptcy fraud
- Swindling
- Mortgage fraud
- Identity fraud
- Scamming
- Benefit fraud
- Forgery
- Insurance fraud
Is Theft also Lawyer Fraud?
The words theft and fraud are sometimes used interchangeably. This isn’t entirely correct. The main difference between theft and fraud is that in theft, something is taken that didn’t belong to the thief, while in fraud there is a misrepresentation of facts. The fraudster often deceives their victims by using incorrect data or false information.
When is it Considered Fraud?
Fraud occurs when someone intentionally misrepresents facts with the aim of gaining an economic or financial advantage. This representation must be in violation of law or regulations. Often, it’s necessary for someone to commit fraud intentionally. However, it’s not always necessary for someone to do it intentionally. Consciously choosing to take the chance that someone could be disadvantaged can also be called fraud.
Who Can Commit Fraud?
Of course, anyone can commit fraud. But sometimes people other than those who directly misrepresent facts can be prosecuted for fraud based on their position. This could include the entrepreneur or owner of a company where fraud is committed, but also managers within an organization can, under certain circumstances, be criminally prosecuted.
What Punishment Can You get for Fraud?
The punishment a fraudster can receive depends on the precise fraudulent act. The extent of the damage plays an important role in this. It can range from fines to imprisonment, but community service is also among the possible sanctions. For example, the maximum prison sentence for tax fraud is six years. It’s also possible that the judge imposes a measure, such as the obligation to compensate victims, confiscation of illegally obtained benefits or a professional ban.
Fraud also appears on the criminal record. This makes obtaining a VOG (Certificate of Conduct) and thus getting a (new) job more difficult.
Why is it Wise to Engage a Lawyer if You are Suspected of Fraud?
Suspects of fraud are often not caught ‘in the act’ like in a street fight. In many cases, the suspect receives a letter from the police or FIOD at home. This letter then contains ‘an invitation to come for a conversation’. It’s advisable to consult a lawyer from the first letter and before the interrogation. Your statement to the police is irreversible, so careful preparation is of great importance. A specialized lawyer can advise you on this and, if you wish, assist you during the interrogation.
What are the Advantages of a Fraud Lawyer?
When you are suspected of fraud, it’s advisable to engage a specialized fraud lawyer. Fraud investigations are often technical in nature and one must always take into account that the Tax Authorities are keen to look into it. It is therefore important to be assisted by a lawyer who takes all aspects of your case into account in their advice. Weening Criminal Law Attorneys consists of a team of specialists, also with experience in fiscal criminal law. Your fraud case is therefore in good hands with us.
