Pension FraudPension fraud may arise through a claim for benefits under a pension scheme to which the person claiming is not in fact entitled. A contract with a pension provider is a form of insurance contract. The law regards any contract of insurance as one involving the “utmost good faith” on both sides. This means that each party to the contract has a duty to disclose to the other all relevant facts. Insurance companies maintain sizeable departments dedicated to uncovering dishonest claims and such cases are likely to be referred to the police for investigation. Anyone investigated in this way may find themselves prosecuted under the provisions of the Fraud Act 2006, which makes it an offence to make false or misleading statements or to fail to disclose facts, with the intention of benefiting yourself. The punishment for so doing can be up to 10 years in prison. Alternatively, fraud may also be committed by those responsible for the running of a company pension scheme. The Fraud Act 2006 also makes it an offence for a person who occupies a position in which he is expected to safeguard, or not to act against, the financial interests of another person to abuse that position in order to benefit himself or some third party. Again the punishment for doing so can be up to 10 years in prison. The operation of company pension schemes is strictly regulated and subject to the supervision of the Pensions Regulator. This is a complex area of the law and expert advice at an early stage is vital. This firm is repeatedly asked to assist clients who have already, at some time, during the course of an investigation or Court proceedings instructed Solicitors. We are used to dealing with such enquiries and advising as to the transfer of a case from previous Solicitors to this practice. It is important to those the subject of an investigation or prosecution, that they are confident in the Solicitors that they instruct and that they consider those that act for them are doing everything they possibly can to assist. We offer free initial legal advice, either over the phone, via e-mail or face to face if required. Please contact us using the Contact Us link or by asking our solicitors a question using the simple form above. Our initial advice is free. You can also contact us via e-mail, text message or by telephoning the FREEPHONE number 0800 988 5124.
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