Corporate fraud refers to illegal activities carried out by a business or individual that are done with dishonest intentions or in an unethical manner. Often, this kind of business fraud is motivated by the desire to gain some form of commercial advantage for the perpetuating business or individual.
Types of Corporate Fraud include but are not limited to:
Fraudulent Trading
Fraudulent Trading involves a business pursuing business operations with the intention of purposefully deceiving and defrauding its creditors. Considered more serious than wrongful trading, fraudulent trading is classified as a criminal offence and is punishable by substantial fines and debt liabilities, commensurate with the severity of the fraud.
Wrongful trading
If a business continues to trade as normal, even though senior management and directors are aware that the business is destined to go out of business, this is deemed a civil offence. Because this type of corporate fraud is classified as a civil offence it means that any directors found to be complicit in the fraudulent activities may be held personally liable for company debts and they could face a ban of up to 15 years, disqualifying them from being able to act as a director of any limited company.
Asset stripping
Asset stripping refers to the process of selling the assets of a failing business for profit, leaving the business with nothing but the liabilities. That business is then put into liquidation to avoid debt liability. In other instances, rather than selling the assets, the directors transfer the assets to a similarly named company, again leaving the original company with the debt liability. Again, the original company will then be put into liquidation to avoid paying the outstanding debt liabilities. This is sometimes referred to as ‘phoenixing’.
Money laundering
Money laundering involves the illegal process of masking the origins of money obtained illegally by passing it through a complex sequence of financial or commercial transactions.
Tax fraud
When a business or individual deliberately fails to declare their income or intentionally misrepresents their expenses to avoid their tax liability, this is classified at tax evasion, a form of tax fraud. Other examples of tax fraud include smuggling goods into the country that are liable to excise duty, customs duty or VAT
VAT carousel fraud
This involves the import of goods VAT-free from abroad. The seller then sells the goods on to domestic buyers, this time adding VAT to the price. The seller then disappears without paying the VAT owed to the government.
Furlough fraud
A relatively new form of Corporate Fraud, this is where an employer deliberately claims back wages under the job retention scheme for an employee they are aware is still actively working on their behalf.
Investment fraud
Investment fraud generally refers to a wide range of deceptive practices used to induce investors to make investment decisions based on misinformation. They can also include illegal insider trading, fraudulent manipulation of the stock market, share scams, pyramid schemes and boiler room fraud.
Other types of corporate fraud can include:
- False Accounting
- Invoicing Scams
- Payment Fraud
- Cheque Fraud
- Receipt Fraud
- Mortgage Fraud
- Insurance Fraud
- Intellectual Property Fraud
- Bankruptcy-related Fraud
If you or your business face allegations of corporate fraud, our team of specialist solicitors are on hand to support you.
We will work tirelessly on your behalf to secure the best possible outcome for you and your business, offering you no-nonsense legal advice and expert legal representation at every stage of the investigation or prosecution.