Business Fraud
Specialist Defence for Business Fraud and Fraudulent Trading Allegations
Business fraud investigations and prosecutions can threaten the future of a company, its directors, and the individuals connected to it. Allegations brought by the Crown Prosecution Service may involve fraudulent trading, corporate fraud, or a failure by an organisation to prevent fraud committed on its behalf. These are serious criminal matters that require expert legal advice from the outset.
At Applerose Solicitors, our experienced solicitors defend company directors, businesses, and individuals facing business fraud allegations. We provide strategic, confidential advice at every stage — from investigation and interview under caution through to trial — and build a robust defence tailored to the facts of each case.
Business Fraud Offences We Defend
Fraudulent Trading (Section 993, Companies Act 2006) It is a criminal offence for any person to be knowingly party to carrying on the business of a company with intent to defraud creditors, or for any fraudulent purpose. We defend directors and others accused of fraudulent trading.
Failure to Prevent Fraud (Section 199, Economic Crime and Corporate Transparency Act 2023) In force from 1 September 2025, this offence makes a large organisation criminally liable where a person associated with it commits a fraud offence to benefit the organisation — unless it had reasonable fraud-prevention procedures in place. We advise organisations under investigation and defend against prosecution.
Corporate Criminal Liability (Section 196, Economic Crime and Corporate Transparency Act 2023) A company or partnership can be held criminally liable for an economic-crime offence committed by a “senior manager” acting within the scope of their authority. We advise businesses and senior individuals and represent them where corporate liability is alleged.
Frequently Asked Questions
01. What is business fraud?
Business fraud covers criminal offences connected with dishonesty in the running of a company or business, including fraudulent trading, false accounting, and an organisation’s failure to prevent fraud committed for its benefit.
02. Who can be prosecuted for fraudulent trading?
Company directors and any person knowingly party to carrying on a company’s business with intent to defraud creditors may be prosecuted under section 993 of the Companies Act 2006.
03. What is the failure to prevent fraud offence?
Introduced by the Economic Crime and Corporate Transparency Act 2023 and in force from 1 September 2025, it makes large organisations criminally liable where an associated person commits a fraud offence to benefit the organisation, unless reasonable prevention procedures were in place.
04. Should I answer questions in a police or SFO interview?
You should obtain legal advice before any interview under caution. Early advice protects your position and helps shape your defence.
05. Can you represent both companies and individuals?
Yes. We defend companies, directors, partners, and individuals in business fraud investigations and prosecutions.
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