Defending Allegations of Fraud by Abuse of Position & Theft from Employer

Narita Bahra KC, from the Private Crime and Regulatory Team at Garrick Law, recently secured a suspended sentence and retained employment for a client facing charges of Fraud by Abuse of Position and Theft from an Employer.

The client wrote afterwards:

“Narita, I just wanted to say a big thank you for all your help with my case. I really appreciate all the advice you gave me throughout, the time, effort and the dedication you put into achieving such a positive outcome. It means more than I can ever express. I am so grateful for every Garrick Law lawyer who has worked on my case. I cannot thank you all enough.”

Understanding Fraud by Abuse of Position

This offence arises when someone in a position of trust dishonestly exploits that role for financial gain or to cause financial loss.

To prove the offence, the prosecution must show that the individual:

• Occupied a position of trust – e.g. as an employee, director, business partner, trustee, or attorney, where they are expected to safeguard another’s financial interests.

• Dishonestly abused that position – by action or deliberate omission, judged against the standards of honest and reasonable people.

• Intended to gain or cause loss – even if the intended loss never actually materialises.

It is a serious offence carrying a maximum penalty of 10 years’ imprisonment. Sentencing aims to deter wrongdoing, and cases may also trigger compensation or confiscation orders to recover financial gains.

When Criminal and Regulatory Proceedings Overlap

Being accused of fraud by abuse of position or theft from an employer is already daunting. When both criminal and regulatory proceedings run in parallel, the risks escalate significantly:

• Possible imprisonment

• Professional disqualification or licence loss

• Financial penalties and confiscation

• Severe reputational damage

  
  

Swift, coordinated legal representation is essential.

Key Steps if You Are Facing Allegations

1. Instruct Specialist Lawyers Immediately - Engage a legal team with expertise in both white-collar crime and regulatory law. Garrick Law coordinates strategies across both courts and regulators to protect your liberty and your professional standing.

   
   

2. Preserve Evidence - Gather emails, financial records, communications, and relevant documents. Garrick Law helps clients build a clear chronology of events and ensures nothing vital is overlooked.

   
   

3. Avoid Damaging Statements - Do not engage investigators, regulators, or employers without legal advice. Unwitting admissions can be fatal to your case. Our team ensures you are represented at all interviews and meetings.

   
   

4. Prepare for Key Proceedings - From police interviews to regulatory responses, Garrick Law guides clients in drafting statements, responding to formal notices, and complying with court or tribunal directions.

   
   

5. Consider Professional & Licensing Consequences Early - Allegations can lead to suspension or loss of practising rights, disqualification as a director, or being struck off a register. Garrick Law assists with regulator negotiations, voluntary undertakings, and managing adverse publicity.

   
   

6. Be Prepared for Financial Action - Fraud cases often trigger confiscation under POCA, civil recovery, or employer injunctions. Garrick Law works with employment and HR experts where needed to manage these risks.

   
   

7. Mitigation Still Matters - Even where wrongdoing is admitted, Garrick Law builds mitigation packages including character references, expert reports, medical evidence, and rehabilitation efforts to limit sanctions.

   
   

Supporting You Beyond the Case

Garrick Law not only defends clients in the immediate proceedings but also assists with:

• Career advice following disqualification or regulatory sanctions

• Rebuilding reputation and professional standing

• Managing financial implications (fines, costs, employment loss)

• Appeals against sanctions or convictions

Act Quickly

If you are facing allegations of Fraud by Abuse of Position or Theft from an Employer, particularly where both criminal and regulatory proceedings are in play, early legal advice is critical.

Contact Garrick Law’s specialist team today for confidential, strategic representation.