False Accounting Fraud | False Accounting Legal Services (2024)

You or your company may be accused of false accounting fraud if there is a reason for investigators to believe that financial information is being altered or incorrect figures purposefully entered into your accounts with the purpose of disguising their true values or activities. This may be done in order to benefit from a lower taxation rate, or to obtain financing, raise the price of shares, attract more customers or hide any evidence of a loss or act of embezzlement.

How Can DPT & Partners Help?

If you have been accused of false accounting fraud, you should immediately make contact with a law firm that specialises in false accounting legal services. The solicitors at DPT & Partners have more than 20 years of experience within this field.

We will help you to build a strong case built on the evidence you provide, along with expert liaison with investigators and other specialists.

We’ll also represent you in court, meaning you’ll have all the assistance you require in order to clear your name.

Implications of False Accounting Fraud

If it is found that you have been entering incorrect information or false records, wrongly adjusting figures or destroying information within your accounts, you may be reported to the National Fraud Reporting Centre, who will launch a full investigation. It’s also likely that you will be reported to the police, who will formally charge you if sufficient evidence against you has been collected. If found guilty, on top of your sentence, it is likely that steps will be taken to recover any fraudulently gained funds from your own personal finances. Certain managers and other officers employed within your company may also face penalties for failing to prevent the fraudulent activity in question.

False Accounting Sentencing Guidelines

The sentence for false accounting may range from a fine equating to an amount you have gained through your actions to seven years in prison. This depends on the size of the figures in question and the impact your behaviour has had on others.

False Accounting Typical Scenarios

If you are employed in accounting by an e-commerce company, and you are asked, or consciously decide, to overstate the organisation’s assets or understate their liabilities, hide previous losses or report profits that the company never made, you are committing false accounting fraud.

It can also work the other way, where a company claims to make less of a profit in other to enjoy an amount of their income tax-free.

Information Related to False Accounting Fraud

It is important to immediately contact lawyers specialising in false accounting legal services if you have been accused of:

  • Destroying, defacing, concealing or falsifying any account or any record or document made or required for any accounting purpose.
  • Producing or making use of any account, record or document that is or may be misleading, false or deceptive

…in order to achieve personal or professional gain or to cause another individual or company to suffer a loss.

Frequently Asked Questions

What is the Theft Act 1968?

This piece of legislature defines various offences relating to the act of theft, with focuses on theft by fraud or deception in addition to robbery, burglary, motor theft and other illegal actions. It gives details of the offence of false accounting fraud and the process of prosecuting it in section 17.

What can my company do to prevent false accounting fraud?

There are many actions you can take to make sure that your company is covered. Ensuring that you check expenses claims and accounts thoroughly and that any financial data is only accessible to specific individuals, undertaking regular anti-fraud risk assessments, adopting a strong whistleblowing policy, performing in-depth audits, supporting a culture of zero-tolerance to fraud and implementing clear response plans are several ways in which you can protect your company against the likelihood of false accounting.

What do I do if I suspect someone of false accounting?

If there is sufficient evidence, you should first report the individual to the National Fraud Reporting Centre and then to the police.

What do I do if I’ve been accused of false accounting?

You should immediately get in touch with a lawyer or solicitor specialising in false accounting legal services. After this, you should collect together all relevant accounts and any other financial information, such as records of expenses claims, in order to prove that you had reason to believe that any adjustment you made to the figures in question was done so without criminal intent and that any mistakes made were honest ones.

It may also be that the transgressions were committed by another individual, so any evidence to this effect will also be extremely useful for your legal representation.

If you are concerned that you may be investigated after being accused of false accounting fraud, get in touch with our Business Services team today.

False Accounting Fraud | False Accounting Legal Services (2024)

FAQs

How do you prove accounting fraud? ›

Tell-tale signs of accounting fraud include growing revenues without a corresponding growth in cash flows, consistent sales growth while competitors are struggling, and a significant surge in a company's performance within the final reporting period of the fiscal year.

What is an example of false accounting fraud? ›

Some examples of false accounting fraud include: an employee making inflated expenses claims. a customer or an employee falsifying accounts in order to steal money. an employee using false accounting to cover up losses built up through trading or fraudulent activity.

Can you go to jail for accounting fraud? ›

Once the accurate value of the company is revealed, the investor gets defrauded. To be defrauded means losing money based on business decisions derived from fraudulent representation. Accounting fraud is punishable by prison, fines, or a combination of both.

What are the legal implications of accounting fraud? ›

The penalties associated with accounting fraud can be severe. Decades behind bars and thousands of dollars in fines are common with cases involving accounting fraud. Additionally, you could also lose your professional licenses and your livelihood.

What is the most common way accounting frauds are detected? ›

Rules-based systems: One of the most traditional fraud detection and fraud prevention methods is the use of rules-based systems. These systems employ predefined rules to identify potential instances of fraud based on certain patterns or conditions.

What is red flag in accounting fraud? ›

Unrestricted access to assets or sensitive data (e.g., cash, personnel records, etc.) Not recording transactions resulting in lack of accountability. Not reconciling assets with the appropriate records. Unauthorized transactions.

Who can discover accounting fraud? ›

Certified public accountants (CPAs) are crucial gatekeepers, as they identify fraud risks and detect material misstatements in financial statements.

What is an example of a false financial statement? ›

Some examples include manipulating the timing of revenue recognition, creating fictitious sales, and engaging in other deceptive practices to present a false picture of their financial performance.

What is the Offence of false accounting? ›

There are many aspects involving false accounting, but under Section 17 of the Theft Act 1968, false accounting is defined as an offence where an individual intentionally falsifies, alters or submits false, inaccurate or deceptive records for accounting purposes – in some cases, to make a company's performance appear ...

What are the consequences of false accounting? ›

Reputational damage: The discovery of false accounting can damage a business's reputation, leading to a loss of trust and confidence among stakeholders. Financial loss: False accounting can lead to significant financial losses for a business, including lost profits, fines, and legal fees.

Who is responsible for accounting fraud? ›

Auditor responsibilities. As we know, the auditor is responsible for obtaining reasonable assurance in an audit that the financial statements are free of material misstatements, whether due to fraud or error.

Who is an accountant liable for fraud to? ›

Fraud or misrepresentation: If an accountant intentionally provides false or misleading information to a client, employer, or third party, they may be held liable for fraud or misrepresentation.

How do you conduct a financial fraud investigation? ›

Conducting an end-to-end financial fraud investigation process involves these key steps.
  1. Assemble the Investigation Team. ...
  2. Clearly Define the Allegations and Scope. ...
  3. Develop an Investigation Plan and Timeline. ...
  4. Gather Documentary Evidence. ...
  5. Conduct Interviews. ...
  6. Perform Data Analytics. ...
  7. Trace Monetary Transactions.
Feb 20, 2024

What type of accounting investigates fraud? ›

Forensic accounting is a type of accounting that investigates financial information for potential evidence of crimes. Forensic accountants use accounting, auditing, and investigative skills to understand whether a person or company has committed financial misconduct, such as embezzlement or fraud.

What are the characteristics of financial fraud? ›

The intentional misrepresentation of information or identity to deceive others, the unlawful use of a credit or debit card or ATM, or the use of electronic means to transmit deceptive information, in order to obtain money or other things of value. Fraud may be committed by someone inside or outside the business.

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