5 Top Tips for if Your Child is Accused of Fraud

**Collaborative post**

If your child is accused of a crime, it can be a difficult situation. These top tips might help make the situation more straightforward if your child is accused of fraud…

Dealing with a serious fraud investigation involving a child might seem like an unlikely situation. However, any child between the age of 10 and 17 can be arrested and taken to court if they commit a crime.

If a child commits a crime, they are treated differently from adults. A child would be dealt with by youth courts, might be given different sentences and/or sent to special secure centres for young people, not adult prisons.

Fraud can have severe consequences, so it is important that you and your child understand the rights they are entitled to if they are accused of fraud. Read on for what can happen in this case, and some top tips for managing the situation…

What is Fraud?

Fraud is defined as any deception or dishonesty which causes financial loss to another party. It can be both a civil and criminal offence. There are two types of fraud, including:

Criminal Fraud

Criminal fraud is defined as something that occurs when an individual lies or conceals a material of truth, and another party or entity justifiably relies on that false information and suffers an injury based on their reliance.

In order to be convicted of criminal fraud, the prosecution would have to prove that there was misrepresentation of a material fact, that the individual was aware the material fact was false, and that they intended to defraud someone. You should therefore ensure you ask your child these questions to understand the severity of the situation.

Civil Fraud

Civil fraud happens when fraud is pursued by the victim(s) by way of a private action in the civil courts to seek recovery of the sums/assets which have been taken and/or the payment of compensation/damages to the victim(s). This might be more likely for a child who has been accused of fraud. 

How Can a Child be Accused of Fraud?

Fraud can be committed by children in a number of ways. These include:

• They make a false representation for their own gain or to cause a loss or risk of loss to another party.
• They fail to disclose information which they are legally bound to disclose for their own gain or to cause a loss or risk of loss to another party.
• Has something in their possession or control which is used for or connected with fraud.
• Adapts, supplies, or offers to supply anything used for or intended to be used for committing fraud.
• Knowingly participates in a business which intends to commit fraud.

The consequences and sentences for these types of fraud can vary, especially for children. There are other kinds of fraud that may come under different laws in the UK, and these might have different consequences and sentences again. Other kinds of fraud include:

• Theft Act
• The Computer Misuse Act
• The Forgery and Counterfeiting Act
• The Proceeds of Crime Act
• Mail fraud
• Romance scam fraud
• Gambling fraud
• Wire fraud
• Pharmacy fraud
• Securities fraud
• Charity fraud
• Insurance fraud
• Forgery
• Credit and/or debit card fraud
• Perjury
• Pigeon drop scams

Although it might seem unlikely, children can get involved with people that influence their decisions and get them involved in illegal activities.

What to Do if Your Child is Accused of Fraud

Enlist the help of a fraud solicitor

The first thing to do if your child is accused of fraud is to contact a solicitor that specialises in these kinds of cases. You should then ensure that your child doesn’t speak to anyone without their legal representation.

Whether you are guilty or not, saying little will prevent you from being further criminalised and, as a result, help to minimise the chances of any harsh punishment.

You should inform your child that their solicitor is bound by confidentiality and therefore anything they say to them will be kept strictly private. This might make them trust their solicitor more and allow the full story to come out. This could help your child in the long run.

Present all evidence

You should ensure that any evidence your child has about the accused fraud is given to their solicitor so they have all the facts and can offer advice and next steps based on this. This is the best way to ensure a successful outcome for your child.

It is therefore important for you to reiterate this with your child. They might feel too embarrassed to tell the truth, but remind them that it is in their favour. 

If the charges held against you are minor or have no substantiative evidence, the pre-work we conduct may result in the lawsuit being dropped.

Ensure police have a warrant if searching your home

If your child is accused of fraud, the next step might be that a police officer comes and ask to conduct searches of your home. They should show you that they have a warrant to search the property. However, you should refrain from allowing them to do so until you have contacted your solicitor and they have given the go-ahead that the warrant is valid.  

Be prepared for restraint orders

Under the 2002 Proceeds of Crime Act (POCA), investigating authorities can apply to restrain an individual’s assets if they believe the assets are the proceeds of criminality. This is called a restraint order and is something that you need to be prepared for during fraud investigations.

Restraint orders are intended to preserve assets that might later be subject to confiscation proceedings. As this can happen at any stage of an investigation, anyone facing such a prospect should seek legal assistance the moment they believe this is a possibility.

Don’t have any contact with any victims or witnesses

Most importantly, you and the child involved need to ensure they do not have any contact with the victim or witnesses involved in the situation. This is the case no matter if you or those involved think they might be able to rectify things.

Need More Advice for Dealing with a Serious Fraud Investigation?

Fraud can have serious consequences, so it is essential that you seek out advice, ideally from a solicitor in order to manage the situation.

If you have been or know anyone that has been accused of a serious fraud crime and can offer some advice, let us know in the comments below. 

Please be advised that this article is for general informational purposes only, and should not be used as a substitute for advice from a trained legal professional. Be sure to consult a legal professional if you’re seeking advice about your child being accused of fraud. We are not liable for risks or issues associated with using or acting upon the information on this site.