Carousel Fraud & MTIC Fraud Solicitors
The investigation of criminal offences relating to VAT, MTIC or Carousel Fraud is a specialist area of criminal law.
Carousel frauds are complex and usually involve lengthy investigations by HM Revenue & Customs. The investigation requires planning from the defence perspective.
MJP solicitors have experience in dealing with complex fraud cases involving thousands and sometimes millions of pages or records. The practice has developed specialist analytical tools to review large quantities of financial information rapidly. This provides a first stop "dirty view" of financial records in a raw form which can later be subject to expert forensic accountants.
If you need advice or representation with regards to a fraud offence please get in touch with us today on 0333 011 0515. Our services are available throughout England and Wales including Liverpool, London and Manchester.
Free Advice Available
If you have been arrested, interviewed or are due in court then speak to a solicitor today for free advice on 0333 011 0515.What is Carousel or MTIC Fraud?
Carousel Fraud are Missing Trader Intra Community frauds where the identities of traders are used to reclaim VAT from goods imported free of VAT.
These are usually high value goods such as mobile phones, CPU's or computer chips.
Goods are sold at VAT inclusive prices and the seller further down the chain then disappears without paying the VAT.
This pattern of conduct would be repeated through a serious of companies all liable to pay VAT with the goods being re-exported back to the EU.
The exporter would then reclaim the VAT from HM Revenue & Customs.
The prosecution have to prove that the parties involved in the transactions are those connected to the companies and that the intention of the parties to the conspiracy was to reclaim money from HM Revenue & Customs which would otherwise have not been payable.
The estimated loss of revenue to UK Government in recent years annually is £11 billion.
Investigations into carousel fraud have often been unsuccessful simply because of the complexity of the evidence involved and the number of parties who are potentially defendants.
Some case have proceeded with up to 25 defendants which makes the cases complex. More realistic tactics are now employed with the aim of securing convictions and recovering assets attributable to lifestyles.
Innocent participants in a chain of transactions have often been included in prosecutions and it takes considerable legal expertise to identify, through all the complexities of the transactions that a client was not involved in the alleged conspiracy.
MJP solicitors have been successful in these type of cases on many occasions.
Defending Carousel Fraud or MTIC Fraud
At the investigation stage often only a limited amount of evidence is disclosed and it is advisable to examine existing records to preserve evidence and to conduct a preliminary investigation from the defence perspective.
The prosecution have to prove their case beyond a reasonable doubt and this is usually one of conspiracy to defraud HM Revenue & Customs (conspiracy in its various forms).
The prosecution have to prove an agreement between traders that there was an intention to falsely reclaim VAT by an elaborate invoice fraud in relation to traders that may not exist and goods that may not exist. The defence do not have to prove the contrary but it does aid defence to show there was no conspiracy or to show that actions were for full value and related to real goods.
If charges are brought meaning that the case is to be decided by a Court and Jury, all of the evidence will be served and work conducted prior to charge always pays dividends later and enables the defence to "hit the ground running".
VAT Fraud
VAT frauds are usually brought under Section 72 Value Added Tax Act 1974.
Cases could also be brought under the Fraud Act 2006 which aims to make fraud cases easier to prove.
VAT fraud cases take different forms but usually are aimed at establishing that a defendant with a business has paid to little or reclaimed to much in its simplest form.
The allegation usually involves the falsification of invoices and establishing the identities of parties involved in the invoicing process.
Witnesses may be sought from the defendants business or even from accountancy records.
Prosecutions in this area have been less frequent in recent years by reason of the emphasis being placed on carousel fraud prosecution.
Defence of Vat Fraud
MJP solicitors have defended VAT frauds and tax frauds and at the heart of a successful defence is an organised approach to the defence evidence gathering process from the outset.
MJP solicitors have established practices in connection with the collection of defence evidence and documentation that enables the practice to form a quick analysis of records to identify where problems may lie.
By using scanning and database technology huge volumes of documents can be collated quickly to enable a strategy to be formed in relation to the investigation or case before the Court.
Restraint Orders & Confiscation Orders
MJP solicitors have a specialist Restraint Order website.
Identifying benefits alleged to be attributable to tax fraud is important to challenge restraint orders if it can be ascertained quickly that there is no direct or indirect benefit it is possible to challenge restraint orders at an early stage and to correctly formulate the Defence Case Statement.
The prospect of such investigations and prosecutions are daunting to defendants and only experience in dealing with such complex case equips lawyers to address these sort of cases competently.
MJP solicitors pride themselves on the fraud work and confiscation techniques and they are always willing to provide initial advice in relation to these type of cases.
Our defence services are available throughout England and Wales including Liverpool (Wirral), London and Manchester. You can contact us on out 24 hour line on 0333 011 0515, fill out our contact form, or leave your name, number and a convenient time below for MJP solicitors to call you back
