Summary
Our client was facing an allegation of fraud by false representation in connection with funds raised through an online fundraising platform. Our client denied these allegations entirely. After Partner Massimo Trebar carried out pre-charge representations on a privately funded basis, our client’s matter thankfully resulted in no further action.
Details of the Case
The client had been experiencing a medical issue requiring treatment and sought to raise funds through an online platform after being advised that the condition could not be treated on the NHS.
The police alleged that certain information provided as part of the fundraising activity may have been misleading. They suggested that NHS treatment was available to her and that our client’s representations on the fundraising platform did not reflect this.
Our client was interviewed for fraud by false representation where she denied the allegation and stated that she had been told by multiple NHS specialists that they wouldn’t operate due to the significant risks. She maintained that she never intended to deceive anyone and had never been dishonest.
Our Defence
Following her police interview, our client sought specialist legal advice and decided to instruct Lawtons due to our expertise carrying out pre-charge defence in complex and high-stakes cases.
Partner Massimo Trebar was instructed on a privately funded basis, where he drafted a strong and lengthy letter of representations to the police. Massimo submitted that a proper reading of the fundraising page did not support the contention that there was a misrepresentation.
In addition, a consistent account was given during our client’s interview and there was no indication of her being dishonest, which is required element to make the offence of fraud.
No Further Action
This allegation was extremely distressing for our client given the potential consequences if she were convicted. If found guilty of a fraud allegation of this nature, our client would be at risk of up to 4 years in prison.
After the police and CPS considered the strong representations made by Massimo, our client’s matter was ultimately refused charge and resulted in no further action. Our client was extremely pleased with this outcome given how much was at stake and was very grateful for Massimo’s guidance.
This case is a testament to the high calibre of work carried out by Lawtons and our expertise in effectively carrying out pre-charge defence.
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