Fraud by abuse of position

Fraud by abuse of position occurs when a person occupying a position of trust dishonestly abuses that position to make a gain for themselves or another, or to cause loss to another. The offence is defined under Section 4 of the Fraud Act 2006.

A conviction for fraud by abuse of position can result in serious penalties, including substantial fines and up to 10 years’ imprisonment. The sentence will depend on factors such as the financial loss involved, the level of trust abused and the circumstances of the case.

Our experienced team provides comprehensive legal support. From representing you during police interviews to preparing a strategic defence for court proceedings, we work tirelessly to protect your rights and secure the best possible outcome.

If you are under investigation, seek legal advice immediately. Avoid discussing the allegation with colleagues, employers or investigators without your solicitor present, and allow your legal team to guide you through the process.

A position of trust may include roles such as employees, company directors, financial managers, trustees or professionals responsible for managing assets or finances. The law applies where someone is expected to safeguard another’s financial interests.

Yes. Under the Fraud Act 2006, the offence can arise even if the individual does not personally gain financially. Causing or exposing another person or organisation to loss can still amount to fraud.

Yes. Allegations can arise from situations involving company funds, expenses, misuse of authority or handling organisational assets. However, many cases depend heavily on the interpretation of intent and evidence.

Absolutely. A fraud conviction can lead to dismissal from employment, loss of professional licences, regulatory action and lasting reputational harm within your industry.