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Furlough Fraud Investigations
Published: Tuesday, September 17, 2024
One of the financial schemes introduced by the government in an attempt to combat some of the hardship arising from the COVID pandemic was the Coronavirus Job Retention Scheme ("CJRS"), also known as "the Furlough Scheme", which enabled qualifying employers to claim cash grants worth up to 80% of wages, capped at £2,500 a month per worker.
Millions of people across the UK benefited from the Furlough Scheme, with businesses using it to ensure staff kept their jobs while many businesses were closed.
It is now alleged by HMRC that the system was abused by some rogue employers in order to derive benefits to which they were not entitled claiming:
payments for non-existent or dismissed employees;
for employees who continued to work during lockdowns;
exaggerated hours worked by employees.
It is estimated that the revenue lost, as the result of fraudulent use of the
Furlough Scheme
, comprised up to £7.3bn.
Investigating fraud and error arising from the various government COVID financial schemes has become a priority with the establishment of the Taxpayer Protection Taskforce (the “Taskforce”).
Where Furlough payments have been claimed incorrectly, out of an honest error, the Taskforce generally requires that only the overpayment should be returned, without criminal action being taken.
However, HMRC exercises its enforcement powers to penalise employers who have deliberately abused the Furlough Scheme.
Investigatory & Enforcement Powers
Where the Taskforce suspects the CJRS has been used fraudulently, HMRC or the National Crime Agency ("the NCA") can:
search business premises, often as part of a Dawn Raid;
order the business to surrender business records, communications and documents it thinks may become relevant to the investigation;
carry out searches on individuals;
make arrests;
interview suspects under caution;
recover proceeds of crime; and
freeze suspected wrongdoer’s bank accounts.
Enforcement Powers
The Taskforce’s primary objective is to recover money incorrectly paid out. Where a business is unable to make repayment, HMRC may require the company directors to personally repay it.
Any finding of fraudulent activity is likely to have a serious impact on a business’s reputation, which may be aggravated by HMRC publishing details of complicit businesses.
HMRC can also seek director disqualification, confiscation of the proceeds of fraud and imposing financial penalties up to the value of the CJRS payment fraudulently received.
Criminal Proceedings
Fraud is a serious criminal offence, and a business that has defrauded the CJRS could face charges of:
fraud by false representation;
fraud by abuse of position;
fraud by failure to provide information;
cheating the public revenue; and
conspiracy to defraud.
HMRC and the NCA have powers to prosecute companies and/or directors suspected of criminal conduct.
Those convicted can expect to receive fines, imprisonment and, where there exists a suspected link to a Serious Criminal Organisation, a Serious Crime Prevention Order may be sought which, if granted may impose restrictions on:
financial or business dealings;
work arrangements;
communications and associations;
premises that can be used;
use of a specific item; and
domestic or international travel.
Whether you are being investigated by HMRC, the NCA or any other prosecuting authority,
KANGS
provides advice and representation from the outset of your case through both criminal and civil HMRC proceedings, to both companies and directors/official officers.
We can assist on all aspects, including:
Advice and representation at dawn raids;
Representation at interviews under caution, whether voluntary or under arrest;
Deployment of our 24-hour Rapid Response Team;
Liaison and negotiation with all authorities, including HMRC and the NCA;
Advice on Financial Restraint Orders and Cash Seizures;
Defence through all criminal and civil courts.
It is essential that you seek professional advice as soon as you become aware of any potential investigation or prosecution.
If you require urgent assistance, call our 24/7 Rapid Response team on 07989 521210.
If your enquiry is not an emergency and we can be of assistance,
our Team
is available via:
Telephone: 0333 370 4333
Email: info@kangssolicitors.co.uk.
We provide initial, no obligation, discussion at our offices in
London
,
Birmingham
and
Manchester
.
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Hamraj Kang
Kangs Solicitors
Country:
England, UK
Practice Area:
Criminal Fraud
Website:
kangssolicitors.co.uk
Phone Number:
020 7936 6396
Email:
hkang@kangssolicitors.co.uk
Fax:
N/A
Hamraj acts for corporate and individual clients in investigations brought by the major UK law enforcement agencies including the SFO, HMRC, FCA, NCA, CMA, CPS, BEIS, ICO, Trading Standards and a wide range of regulatory bodies. He has particular expertise in HMRC investigations and prosecutions including MTIC & VAT fraud, money laundering, tax & duty evasion and regularly conducts cases throughout the country. There are few solicitors nationally who can match Hamraj’s experience of complex multi-million pounds MTIC and VAT fraud cases as he acted in many such cases in his career. He has considerable expertise in the areas of money laundering, bribery & corruption and insider dealing, having been instructed by a number of PLCs and senior company executives on such matters. The work is often complex, multi-jurisdictional and necessitates overseas travel which has led to Hamraj working in numerous overseas jurisdictions. Hamraj advises corporate and individual clients both during and in the immediate aftermath of a dawn raid when quick, effective and incisive advice is required to protect the legal rights and reputation of the client. He has considerable experience of representing clients in interviews with all the leading law enforcement agencies including the SFO, HMRC and the NCA. He is admired for his novel tactical thinking and possesses a proven track record of guiding clients to a successful conclusion in many difficult and demanding cases. As a result of working on high profile and complex fraud cases, Hamraj’s client base is both national and international ranging from publicly listed companies to individual clients. Due to his expertise and experience in international financial crime investigations, Hamraj is also instructed in complex extradition cases often with a financial crime background involving allegations such as money laundering, wire fraud, bribery and corruption. He accepts instructions involving all jurisdictions but most notably the USA, Russia, CIS countries, India, Pakistan, Africa, the Caribbean, South America and the Far East. Civil Fraud & Asset Recovery In addition to criminal fraud, Hamraj advises in relation to civil fraud matters acting for both claimants and defendants. His clients range from large corporations to private individuals with the work often including early action and interim reliefs. The areas of work include: Cryptocurrency disputes The conduct of internal investigations on behalf of corporate clients Obtaining and responding to freezing orders Obtaining and responding to search orders Norwich Pharmacal orders Receivership orders The civil fraud and asset recovery High Court litigation for claimants and defendants includes allegations of fraudulent misrepresentation, breach of fiduciary and directors’ duties, unjust enrichment, unlawful means conspiracy, bribery, deceit, carousel/MTIC fraud, boiler room fraud and bogus investment schemes. Civil Recovery | POCA Hamraj is recognised by Chambers UK as a leading lawyer in the area of proceeds of crime and asset forfeiture, being one of only six solicitors ranked in Band 1 in the country. His work includes civil recovery proceedings under Part 5 of POCA such as Property Freezing Orders, Civil Recovery Orders and Account Freezing Orders. Hamraj is also able to advise in relation to Interim Freezing Orders and Unexplained Wealth Orders. HMRC Tax Investigations | Tax Tribunals There is often a considerable overlap between criminal and civil fraud proceedings and HMRC civil tax investigations. Hamraj regularly advises both corporate and individual clients in relation to HMRC civil tax investigations, VAT Assessments including Kittel Assessments as well as COP8 & COP9 investigations. The work includes representation before the First-tier Tax Tribunal and the Upper Tribunal in relation to VAT Assessments, Kittel VAT Notices, Direct Tax Appeals, Personal Liability Notices, Condemnation Proceedings and Excise Duty matters. Disciplinary | Regulatory | Sports Work Hamraj has represented a number of professionals facing criminal and regulatory allegations including accountants and other financial professionals, solicitors, doctors, dentists and pharmacists. He has developed an excellent understanding of the regulatory framework and codes of professional conduct governing the professions. In recent years, Hamraj has successfully represented a number of solicitors in serious criminal fraud prosecutions and achieved their acquittal which has resulted in a successful outcome in associated SRA disciplinary proceedings. Hamraj has represented many individuals from the sporting world (mainly football, cricket, horse racing and boxing) and is regularly instructed by a number of Premier League and Championship Football Clubs. Serious Criminal Work Hamraj also undertakes serious criminal work such as historic sexual allegations, murder, corporate manslaughter, drugs offences and serious driving offences, having acted in many high-profile cases of this nature. Clients include football clubs, members of the professions, company executives and public figures from the world of entertainment, politics, media and sport. Hamraj places the issues of confidentiality, privacy and reputation management at the forefront of his strategy when conducting cases. Matters are dealt with the utmost sensitivity and complete discretion. He always adopts a strong and proactive approach to investigations with the overriding objective to bring each matter to a successful and swift conclusion, and where possible, to avoid court proceedings and any adverse publicity for his client.
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