Credit Card Fraud Lawyers

JMW will use its extensive experience to help you secure the best possible outcome should you or your business find you are the subject of credit card fraud allegations. Our credit card fraud solicitors will fight your corner and provide the support you need when facing such serious and potentially damaging charges.

We have extensive knowledge of this area of the law, and a track record of success in defending businesses accused of credit card fraud and related offences. Credit card fraud cases can be complex, but with expert legal advice and a team of experienced solicitors by your side, you can be sure to mount a strong defence and secure the best possible outcome in your circumstances.

To speak to a solicitor if you have been accused of credit card fraud, call us on 0345 872 6666 or fill in our online enquiry form and we will get back to you.

Our Services

We can help defend against all charges related to credit card fraud and we have a deep understanding of how to counter any accusations. Credit card fraud can be incredibly complex, and it is crucial to seek advice from experienced credit card fraud lawyers with specialist expertise in this area. With our attention to detail and thorough knowledge of the law, our criminal defence team can provide the services you need.

Every investigation is different, and your defence strategy will have to adapt to the approach that the authorities take. The credit card fraud lawyers at JMW Solicitors offer a comprehensive range of services throughout this process, including:

• Police station representation
• Preparation for interviews with authorities
• Assistance with Account Freezing Orders (AFOs) or Restraint Orders
• Preventing fraud within your organisation
• Defending you in court

No matter the legal services you need, we can help. As a full service law firm, we have the resources to provide a full and thorough legal defence against charges of credit or debit card fraud, or other types of financial crime.

What happens during a credit fraud investigation?

If you are suspected or accused of committing (or intending to commit) credit card fraud, you may be placed under investigation. There are several UK authorities that are empowered to investigate these types of offences or may participate in an investigation, including:

• City of London Police National Fraud Intelligence Bureau
• National Crime Agency
• Financial Conduct Authority (FCA)
• The UK Cards Association
• Banks
• Credit card issuers
• Local police forces

Each of these organisations has access to a suite of  investigatory powers, which means that the process of an investigation may be very different in each case. 

It usually begins when a possible fraudulent incident is reported to an investigating authority, such as those listed above. This may be done by individual cardholders, issuers or banks. In the latter cases, these organisations may conduct their own internal investigations first, to determine whether or not there is cause for referring the case to the authorities. From there, the process may change on a case-by-case basis, but you can typically expect some combination of the following steps to take place:

• Reviewing documents: The authorities will gather evidence from a variety of sources. They may request financial documents or bank account statements from you or any financial institutions that you hold accounts with. If necessary, investigators can ask a court to issue an order obliging a suspect or third party to provide financial information or documents.
• Interviews: Some authorities may conduct interviews to gather evidence. These may be voluntary interviews with people related to the investigation, or they may be compelled interviews. In the latter cases, there may be legal penalties for failing to attend the interview and answer questions honestly. It is important to have a lawyer represent you during any interviews of this nature, as this will help you to prepare, comply with your legal obligations and begin to mount your defence.
• Account Freezing Orders: In some cases, investigators may withdraw your access to your accounts using AFOs. These are designed to prevent you from moving, withdrawing or spending funds that the authorities believe may have been collected through criminal activity, or are intended for use in committing a crime. AFOs can be used for both business and personal accounts, but there is sometimes scope to vary them to allow you the funds you need to carry out your business' day-to-day operations, or to pay your living expenses. Our solicitors can advise you of your options in this area and support you to have an AFO varied or discharged where possible.
• Restraint Orders: Investigators may ask a court to issue a restraint order prohibiting a suspect from dealing with all of their assets or specific assets, no matter where those assets are in the world. The order can also direct a suspect to ‘repatriate’ assets back to the UK to be restrained by the Crown pending the outcome of the criminal investigation. Our solicitors regularly advise organisations and individuals in relation to restraint orders where the assets are in different jurisdictions and are of very high value.
• Physical evidence: In cases involving sophisticated methods or large-scale fraud, forensic analysts may be called in to examine devices that may have been used in fraud, such as skimming devices or compromised point-of-sale systems. This evidence may be collected through raids on a business' premises, which are within the remit of certain investigators to carry out. Having a solicitor oversee a raid can help to make sure that all evidence is collected in accordance with the law. If we are not present during a raid, we advise after the event about whether the intervention was lawful and whether the subject business or individual has grounds to challenge the retention of items seized.
• Arrests: If law enforcement authorities believe they have gathered enough evidence to reasonably suspect the commission of the relevant offence(s), they may carry out arrests. By approaching the process carefully and working with experienced credit card fraud solicitors throughout, you will be in the best position to react if something like this happens, and to continue to pursue the best possible outcome.

JMW's fraud solicitors have a wealth of experience in this area and can advise you of what to expect based on the specific circumstances of your case. Contact us today to prepare effectively for an investigation of this type.

Defending clients in credit card fraud cases

It can be difficult to prosecute a credit card fraud, as it can be hard to prove that someone deliberately set out to deceive and commit fraud. If charges relating to a fraud offence are brought, the prosecution must prove that:

• Actions amount to criminal conduct
• The evidence is admissible (i.e., it has been lawfully obtained and is properly presented in the proceedings)
• There is sufficient connection between the relevant activity and the suspect
• The material has sufficient evidential integrity and continuity. 

To support this, investigating authorities may take several approaches to collecting evidence. They may issue production orders to financial institutions in order to secure relevant documents, or carry out raids on business premises. They may also conduct interviews and speak to witnesses, as we have noted above.

All evidence must be collected fairly and in compliance with the specific powers that each authority can exercise. In some cases, investigators will make mistakes or break the law and potentially render their evidence inadmissible, which often forms a fundamental part of a successful defence. As such, it is important to seek specialist legal advice from the team at JMW at the earliest point in an investigation.

Why choose JMW?

Instances of credit card fraud and identity fraud have increased in recent years, and during this time our team has honed its skills in defending people against complex charges. If you have been accused of credit card fraud, we will fight your corner and use our extensive experience to get the best possible result.

Our credit card fraud defence solicitors can deal with cases involving a large number of transactions and accounts, and have experience in both traditional identity fraud and more technical cases involving triangulation and false merchant sites.

If you are facing credit card fraud charges, we can put together a strong defence as part of a nationwide service. We can call on our contacts, including media law advisors, employment experts, corporate recovery and insolvency advisors and civil litigators, who can create a bespoke team to fight your corner.