Pension fraud may arise through a claim for benefits under a pension scheme to which the person claiming is not entitled. A contract with a pension provider is a form of insurance contract. The law regards any contract of insurance as one involving the utmost good faith on both sides. This means that each part to the contract has a duty to disclose to the other all relevant facts.

Insurance companies maintain sizeable departments dedicated to uncovering dishonest claims and such cases are likely to be referred to the police for investigation. Anyone investigated in this way may find themselves prosecuted under the provisions of the Fraud Act 2006, which makes it an offence to make false or misleading statements or to fail to disclose facts, with the intention of benefitting yourself.

Alternatively, fraud may be committed by those responsible for the running of a company pension scheme if they act fraudulently in providing pension benefits, diverting payments, misrepresenting money or creating false accounts to obtain pension payments. The Fraud Act 2006 also makes it an offence for a person who occupies a position in which he is expected to safeguard, or not to act against, the financial interest of another person, to abuse that position in order to benefit himself or a third party.

The operation of a company pension scheme is strictly regulated and subject to the supervision of the pension's regulator. This is a complex area of law and expert advice is crucial at an early stage. If you are somebody you know has been arrested or is being investigated or charged with UK pension fraud, contact an expert fraud solicitor as soon as possible on 01772 220 022 or complete our enquiry form.

During a private or state pension fraud investigation, the police can make a request for a search warrant in order to search your home, workplace or vehicle and any mobile devices for evidence to use against you such as phone records, text and email messages and social accounts. Do not attend any police interviews or meetings with the insurance company without a solicitor present. The police do not always disclose all the information they may have during a police interview however a dedicated fraud solicitor will make sure any evidence is supplied to them in order to review and build a strong case for your defence. It is also commonplace for the defendant's assets to be frozen or seized during an investigation, by engaging with a specialist fraud solicitor early on this could be avoided.

If you are found guilty or please guilty to pension fraud, the punishment can be up to 10 years imprisonment. You may also be required to pay damages to any victims to recover lost funds or benefits. Individuals may receive a more lenient sentence however organised crime gangs or individuals leading organised fraud crime gangs will receive much lengthier sentences.

When sentenced, you may also receive an ancillary order, this could be in the form of a restraint order, reparation order, financial reporting order, confiscation order, disqualification from acting as a director in the future or you may be required to compensate for any financial losses.

When sentencing, the judge will consider level of culpability as to whether the act was planned and the manner in which it was carried out. The judge will also consider level of remorse, any previous convictions, your character and personal circumstances, whether identity fraud was involved, and the amount of money involved. Disabilities and mental illnesses or disorders will also be considered when sentencing. If you cooperate with the police and regulatory bodies during an investigation this will work in your favour.

If you are guilty of pension fraud and enter a guilty plea early in proceedings, you could reduce the sentence by up to one third. The later you leave it to enter a guilty plea, the less likely you will be to have your sentenced reduced.

If you are found guilty, this will go on your criminal record for a specific amount of time dependent on the seriousness of the matter and the length of the sentence which could have devastating effects for any future career prospects. Our experience criminal defence team have acted in many high-profile cases widely reported in the press. We have many years of experience in representing clients who have been the subject of such investigations.

Our pension fraud solicitors are members of the Specialist Fraud Panel and Series Fraud Association and are able to conduct the provision of advice and representation in fraud defence, either on a private fee-paying basis or through public funding through Legal Aid.

We are a dedicated and expert firm of specialist fraud defence lawyers with an outstanding reputation for the tenacious defence of cases of serious fraud and serious crime. We are repeatedly asked to assist client who have already, at some time or during the course of an investigation or Court proceedings instructed solicitors. We are used to dealing with such enquiries and advising as to the transfer of a case from previous solicitors to Forbes Solicitors. To speak to a pension fraud solicitor, call 01772 220 022, or alternatively, complete our online enquiry form.